Determining Fault After a Car Accident
Experienced attorney who fights for the injured in Nashville
A car accident caused by a negligent driver can change your life in an instant. Suddenly, you are left injured, facing months of recovery and lots of medical bills. All you want is to get the financial compensation you deserve for what happened. But then you learn the other driver is denying doing anything wrong – and may even be blaming you.
Attorney Eric Beasley understands the frustration that injured victims feel after being hurt in a car crash. The fact is that insurance companies aren’t on your side, and they have lawyers to help them find ways to pay you as little as possible. The Law Office of Eric Beasley fights for the rights of the injured and we are dedicated to helping you get the best possible outcome.
Proving fault after a car accident
Tennessee is a “fault” state. That means if you are injured in a car accident caused by another driver, you can seek compensation from that driver’s insurance company.
The state also uses a modified comparative negligence system when determining compensation. If you are found to be less than 50% at fault for causing the accident, you can recover compensation for damages. But your compensation will be reduced by your share of negligence.
For example, let’s say a jury awards you $100,000 but you were found to be 20% at fault for the accident. Your award would be reduced by 20%, and you would receive $80,000.
How is fault determined in a car accident? Insurance companies will try to determine that for themselves. They are very familiar with the way compensation works in Tennessee. That’s why they will try to assign as much fault as possible to you.
Attorney Beasley understands how insurance companies operate and takes nothing for granted. Our legal team knows how to prove who was at fault in a car accident. We investigate your accident to get the facts. Here are some of things we look at:
Physical evidence
This can include skid marks, vehicle damage, debris in the road, and damaged property.
Photos from the accident scene
It’s always helpful to take photos after you’ve been in an accident. This helps us see what the accident scene looked like, including any nearby traffic signals and signs, as well as any visible injuries. Photos of the location of vehicle damage can also be a factor in determining fault in a car accident.
Your accident report
If local or state police responded to the accident, the responding officers will conduct an initial investigation. They will then complete a Traffic Crash Report. This report will contain important information about your accident, including the officer’s account of how the crash happened.
Witness statements
Our legal team identifies witnesses and interviews them about what they saw. For example, they may have seen the other driver operating recklessly soon before the crash. Or they may have seen the driver speed through a red light.
Surveillance camera footage
There may be video of the crash from traffic cameras, security cameras or even a dashboard camera. Our team takes quick action to identify potential video and take steps to preserve it.
Cellphone and electronic records
These records can help us determine if the other driver was using the phone to text, talk or use the Internet just before the crash. We are often able to get a subpoena for these records from the driver’s mobile provider.
Receipts from bars or restaurants
In cases involving drunk driving, we may be able to track down the establishment where the driver was drinking.
Medical records
We carefully examine the medical documentation of your injuries. By comparing it to other evidence, we may be able to show that another driver’s negligence caused the crash.
Talk to an attorney who knows what to do next
Many people aren’t sure what to do after they’ve been in a crash. All they have are questions. What do I do after a car accident that wasn’t my fault? What if I was not at fault in a car accident with a driver without insurance? What if I was not at fault in a car accident involving a rental car? How do I dispute the determination of fault in a car accident?
That’s why you need to talk to an experienced lawyer as soon as possible.
Attorney Beasley builds strong cases that the insurance company has to take seriously. He also determines the total damages you have suffered. This includes current and future medical expenses related to your injuries. It includes lost wages if you couldn’t work. Other damages may include pain and suffering and emotional distress.
Then he demands the financial compensation you deserve. Many times, insurance companies are willing to negotiate a settlement when they see the work we have put into a case. But if they will not agree to a settlement that meets your needs, we will be ready to fight for you in court, if that’s what it takes.
There are certain things you can expect when you hire Attorney Eric Beasley after a car accident. You can expect straight talk – he will be honest with you about your case from the start. You can expect hard work – he will work as hard as he can to prove the other driver was at fault. And you can expect him to keep fighting to get the results you need.
If you were injured in Nashville or anywhere in Tennessee, learn more about how we can help. Contact us today to schedule a free consultation. Attorney Beasley can review the details of your accident, go over your legal options and answer any questions you have.