One of the most important parts of an automotive accident in Tennessee, or any state for that matter, is determining which driver is at fault. Why is this important? The state of Tennessee is a “fault” state, meaning that in most cases the at-fault driver must pay the damages that resulted from the accident.
If you have been in an automotive accident and are the at-fault driver, or the driver that has been wrongly hit, we urge you to contact us at the Porter Law Firm to speak with one of our Memphis auto accident attorneys. In today’s blog, we will be discussing accident fault and how fault is determined in a Tennessee automotive accident.
When two or more parties are involved in an automobile accident the most important thing is to determine who is the at-fault driver. Now, this is not as simple as making the statement “it is their fault” — but is instead determined by the account of each driver, witnesses of the accident, and the evidence present. Essentially, proving which driver is at-fault is out of your hands. One thing that you can do, however, is to document the scene with photographs before anything can be moved — altering the evidence.
In the state of Tennessee, being a “fault” state that requires drivers to be insured, the insurance adjuster is usually the first person to determine fault. In some cases, it is fairly easy for an adjuster to determine fault as a result of admissions of guilt, evidence of traffic law violation, or evidence of careless driving. If the initial evidence alludes to the fact that you are the at-fault driver, when in reality you were not, it is important to get in touch with a Memphis auto accident attorney right away.
Financial Responsibilities Of The At-Fault Driver
As we mentioned above, Tennessee is a “fault” state — meaning that the at-fault driver is tasked with paying for the damages that the accident caused. At-fault drivers have a financial responsibility to pay for damages, meaning that they must have proof of their ability to do so — and that is where Tennessee’s auto insurance requirement comes in.
The state’s requirement for automotive insurance is a way to ensure that damages can be paid for if someone is involved in an accident. In fact, it goes even further, ruling that each insurance plan should allocate for a minimum of $25,000 for an injury or death to an individual, $50,000 for injury or death of more than one individual, and $15,000 for property damages. Required insurance means that drivers can be compensated in the event of an automobile accident, but what if the damages exceed what insurance is willing to pay? If the insurance company offers a settlement that does not cover the damages that you and your vehicle have sustained, it is incredibly important that you reach out to a Memphis auto accident attorney like Matt Porter of the Porter Law Firm.
Get Additional Help With Your Auto Accident Claim
If you have been involved in an accident that was caused by the negligence of another driver, the odds are that you might have to file a lawsuit to be fairly compensated. Whether you have worked with insurance and received a settlement that does not cover the damages, been hit by a driver that doesn’t have insurance, or been severely injured in an accident, a lawsuit can help you to receive fair compensation for the physical damage to your property, the physical harm to your body, and the emotional trauma that you have experienced.
While a lawsuit might be the solution, that doesn't mean that you should attempt to file a lawsuit on your own. Instead, we strongly suggest that you utilize the professional intuition of an auto accident attorney to help ensure that your lawsuit is as air-tight as possible. In fact, the odds are that an auto accident attorney has experienced plenty of cases that are similar to yours. For an expert auto accident attorney, we urge you to get in touch with Matt Porter of the Porter Law Firm. Contact us at the Porter Law Firm today to schedule a free, no-obligation, consultation. We look forward to helping you with all of your legal troubles.