Tennessee Rear-end Collision Lawyer
In Tennessee, a rear-end collision is a car wreck where an automobile crashes into the car that is in front of it. In other words, if somebody stops at a stop sign and the person behind them does not stop and hits them in the rear, it is considered a rear-end collision.
If you have been injured due to another’s negligence in a rear-end collision, it is important that you contact a Tennessee rear-end collision lawyer as soon as possible to begin mounting a strong case.Common Causes of an Accident
What an attorney will often see in rear-end accidents or rear-end collisions would be a driver not paying attention, they may be on their cellphone, texting, or otherwise distracted, and end up tailgating another driver.
Sometimes, a panic stop could cause a rear-end collision, where perhaps an animal or something runs in front of somebody. Rear-end collisions happen more when the weather is bad, if it is raining, snowing, or icy. There are hundreds of thousands of rear-end collisions for all sorts of reasons every year in the United States.
Fault is always going to be a decision for the judge or a jury in a car accident case. What they will look at is what duties the drivers had in the law. Each driver had a duty to follow the rules of the road to not speed, so the judge will question if they stopped suddenly and without any reason, were their brake lights working, was a person who was rear-ended following too closely, were they driving too fast, was their car in good repair, et cetera.What to Do After a Rear End Collision Accident or Injury
If you have been injured in a rear end collision accident in Tennessee, The Higgins Firm would recommend that you do the following:
Take Photos - Even if you believe the damage to your car is minor, you should take it seriously. Begin by taking photos of the car, damage, scene, surroundings, other person's car, and anything else. You might think you have just a cracked taillight only to find out there are alignment issues or axle problems. This could cost thousands of dollars.
Exchange Information - You should get the other drivers contact details, including their name, number, insurance information, and license plate number. If there were any witnesses, you should also get their contact details.
Get Medical Attention - It is prudent that you get checked out by a medical professional. You should do so right away rather than delaying - this is true even if you don't feel injured. Not only might you need these medical reports to file a claim, but you could have a silent injury. These injuries, like whiplash and brain trauma, often don't show themselves for at least 24 hours, or more. Don't risk your life by trying to get through an ache or pain that could actually be an indicator of something serious.
Call a Lawyer - If the accident led to physical or property damage that was greater than a few thousand dollars, you should consult a rear end collision accident lawyer. Even if the damage is not extensive, it may be in your best interest to find out what a lawyer has to say.Role of Comparative Fault
In Tennessee, the law has changed from contributory negligence to comparative fault. What a jury or judge will look at is who they believe is at fault in a case, and it is not always one person or the other.
In Tennessee, the judge will compare the fault and determine the percentage of fault each party is assigned. For example, a judge or jury can say, "I am going to put 10% of the fault on the person that stopped too quickly without paying attention, and 90% on the person that rear-ended them.” If that is the case, the person that was rear-ended will only get 90% of their damages.
In Tennessee to recover, a person has to prove that they were no more than 50% or 49% at fault and still recover, so in other words, if it is a 50-50 accident, it is equal fault and nobody recovers. A Tennessee rear-end collision lawyer can assist an individual in determining liability in their particular case.Defense Strategies
A Tennessee rear-end collision attorney will use physical evidence, which can include photographs of the vehicles or cars that were in the accident, to build a case. They will use testimony of the victims, what the person who is in the accident said happened, and how they remember it.
Further, a Tennessee rear-end collision lawyer will use witness testimony, people that may have been in the area when the accident happened and saw it, and cellphone evidence to determine who was on their phone and distracted or texting at the time of the accident. Often now, there will be video evidence from traffic cams in the area.Benefits of a Lawyer
An experienced Tennessee rear-end collision attorney will obtain and preserve evidence after the accident. That is the biggest reason to contact them quickly, so whoever was injured in a car accident can focus on recovering, healing, and getting the medical treatment that they need.
If they have an experienced lawyer, that lawyer will get witness statements, take photographs of the scene, take photographs of the vehicle, and preserve any evidence that will be necessary to show to a jury, should the case go to trial.