Car accidents can be traumatic experiences in their own right, but proving that another driver caused the crash adds an entirely separate layer of complexity. While you may know you have the right to file a personal injury claim in Tennessee, you might not know exactly what it takes to establish fault and hold the responsible party liable.
Tennessee is an at-fault state, which means the driver who caused the collision is legally responsible for covering your losses. Continue reading for further information about how fault works in these cases and how our knowledgable Nashville, TN car accident lawyer can help.
What Are the Four Elements of Negligence in a Car Accident Case?
To succeed in a car accident claim, you’ll generally need to prove four legal elements that together establish the other driver’s negligence.
- The first is duty of care: Every driver on Tennessee roads has a legal obligation to operate their vehicle in a reasonably safe manner, including by obeying traffic laws.
- The second is breach of duty: You must show that the at-fault driver failed to meet that obligation in some way. Running a red light and driving under the influence are a couple of examples of how a driver might breach their duty of care.
- The third is causation: It is not enough to show that the other driver acted carelessly. You also need to demonstrate that their specific actions directly led to the collision that injured you.
- The fourth is damages: You must prove that you actually suffered harm as a result of the accident, such as medical expenses and pain and suffering.
All four of these elements must be present for a negligence claim to succeed and must be established on a “by a preponderance of the evidence” basis.
What Types of Evidence Can My Attorney Use To Prove Fault?
Building a successful negligence case depends heavily on the quality of the evidence behind it. Some of the most valuable forms of proof your legal team may rely on include:
- The official police report from the scene of the crash
- Photos and videos showing vehicle damage and the surrounding area
- Statements from people who witnessed the collision
- Your medical records tying your injuries directly to the accident
- Surveillance or traffic camera footage capturing the moments before impact
- Data from the at-fault vehicle’s event data recorder
- Testimony from accident reconstruction professionals
Time is a major factor in preserving this evidence. The sooner your car accident attorney gets to work on your behalf, the more evidence they can secure before it disappears.
Contact a Personal Injury Lawyer for Help Proving Fault in Your Tennessee Car Accident Case
Were you injured in a car accident in Tennessee? You may be entitled to significant compensation if you can establish liability, and Woodard Injury Law is here to help you do just that.
Call (615) 640-3648 or reach out to us online to get started with a free consultation. We work on a contingency fee basis, so you only pay attorney’s fees if we successfully handle your claim.