In Tennessee, you may want to initiate a personal injury lawsuit against the driver who caused your car accident if you suffered serious injuries. Catastrophic injuries or the death of a loved one are often too serious to attain recompense with an insurance claim alone.
Winning a car accident lawsuit in Tennessee requires proving four main elements before a judge or jury. A personal injury lawyer could help you bear your burden of proof and fight for greater compensation for your losses.
Duty to exercise reasonable care
Every driver in Tennessee owes other drivers a duty to exercise reasonable care. This means obeying the rules of the road and driving prudently to avoid collisions. Proving a duty of care is usually simple in car accident claims because all drivers inherently owe duties to others on the road when they get behind the wheel.
A breach of duty of care
A breach of duty of care refers to an act of negligence on the driver’s part. The legal definition of negligence is to fail to act according to the level of care a reasonable, prudent person would have under the same circumstances. If the driver was texting and driving, driving drunk, driving drowsy, speeding or otherwise acting carelessly or recklessly leading up to your collision, he or she breached a duty of care.
Causal link to the accident
Next, you or your lawyer must demonstrate that it was the other driver’s breach of duty that caused the car accident. If a pothole caused you to lose control of your vehicle and then another driver hit you, for example, the other driver’s actions may not be the main cause of the crash. Your lawyer will have to show a causal link between the breach and the crash.
Finally, your lawyer will need to show that you suffered measurable losses, or damages, in the car accident. Damages can refer to personal injuries, hospital costs, foreseeable future expenses, property damage and lost wages.