Hendersonville Car Accidents
Hendersonville is the biggest town in Sumner County, and one of the biggest cities in the greater Nashville area. As such, it experiences heavy traffic and frequent accidents. Drakes Creek Road is a roadway that is a frequent location of car accidents, due to deterioration and narrowness of the road. Accidents often occur on Vietnam Veterans Boulevard and S.R. 386 as well. Car accidents result in countless injuries, costly property damage, and even death. Sometimes collisions are purely accidental, but in most cases a car accident is caused by the negligent or wrongful action or inaction of one or more parties. If you sustained injuries or property damage due to a car accident, you may be able to recover damages from whoever was ultimately responsible for causing the accident. Eric Beasley is a seasoned Hendersonville car accident lawyer who has substantial experience assisting individuals who have suffered damages in a car crash recover the compensation they are rightfully owed. Mr. Beasley understands that recovering damages from the responsible party will aid you in returning to your pre-accident status, and will aggressively advocate on your behalf.Steps to Take Immediately After an Accident
Following a car accident, it is important to document any injuries or property damage you sustained as soon as possible, to reduce the risk of loss of evidence. Any accident in which you sustained over $400.00 in property damage, or you or anyone else suffered personal injury must be reported to the commissioner of safety within twenty days. If you do not report the accident your license may be suspended. Further, if you wish to pursue a personal injury lawsuit against anyone due to the accident, you must do so within one year of the accident. If you fail to file a lawsuit in a timely manner you will waive your right to recover. A knowledgeable car accident attorney serving Hendersonville can help you meet any applicable filing deadlines.Negligence and Negligence Per Se
Tennessee is a “fault” state, which means that if a driver is responsible for causing an accident he or she will be liable for compensating the other driver for any damages or injuries caused by the accident. Under Tennessee’s comparative fault law, the driver seeking to recover damages must be less than fifty percent liable for causing the accident to recover damages. If the driver seeking to recover damages is found to be liable in an amount of less than fifty percent, his or her recovery will be reduced by the percentage of his or her fault.
Most personal injury lawsuits that arise out of car accidents are pursued on a theory of negligence. To recover in a negligence claim under Tennessee law, you must prove that it is more likely than not that that another person or entity’s actions or failure to act caused the accident and your subsequent harm. Information regarding the manner in which the accident occurred and the severity of any injuries and the treatment needed for those injuries will be important in proving both who is responsible for causing the accident, and what damages were caused due to the accident. A skilled Hendersonville car accident lawyer can help you determine what evidence will be most important to use in support of your claims, whether you are dealing with your own injuries or the loss of a loved one.
While negligence is not always straightforward, in some cases, fault can be determined in a relatively straightforward manner. If it is clear that the other driver violated a traffic law and the accident was caused by that violation, he or she can be found liable under a theory of negligence per se. Negligence per se, which means a person is negligent as a matter of law, is found when a person violates a statue that imposes a duty for the benefit of a person or the public, the person harmed by the violation is in the class the statute was intended to protect, and the violation caused the injury. In Tennessee, the violation of a traffic safety law is a basis for finding an individual liable under a theory of negligence per se. As such, if the other driver involved in the crash was distracted by their smartphone received a traffic citation, you may be able to assert a theory of negligence per se.
The process of recovering for negligence or negligence per se can be complicated. An experienced car accident attorney can anticipate any obstacles to proving your case and assist you in obtaining a successful outcome.Consult With a Skilled Car Accident Lawyer in Hendersonville
If you were injured in a car accident in Hendersonville due to someone else’s negligent conduct, including drunk or distracted driving, it is wise to retain a knowledgeable injury attorney to represent you in your pursuit of compensation. Eric Beasley has the knowledge and experience to assist you in recovering the damages you may be rightfully owed. Contact us at (800) 431-2768 or via our online form to set up a consultation.