In the aftermath of a car accident, you can recover compensation for the injuries you suffered by filing a lawsuit against the at-fault driver. An attorney can help you assess your claims and get fair compensation.
Car accidents happen for various reasons, including driver negligence, faulty car equipment, bad road conditions, and roadside construction. After your accident, it is crucial that you receive medical attention as soon as possible. Damages stem from your injuries, and you can demand compensation for numerous losses and painful experiences. Identifying the defendant may be difficult in hit and run cases, and we may need to coordinate with law enforcement to find the other driver. Successful plaintiffs often must wait a bit before actually receiving compensation, and certain complications might delay compensation even further. Your attorney can help you avoid these pitfalls so you get the money you need quickly. Many injured riders also file insurance claims, and your insurance company might have a right of subrogation of damages from your lawsuit.
To schedule a free review of your case, call Howe Law at (844) 876-4357 and speak with our car accident lawyers.
Why Do Car Accidents Happen in Clarksville, TN?
Car accidents are infamous for being unpredictable. One minute you are driving along peacefully, and the next you are overturned in the middle of the road. Accidents can be hard to see coming, but they are often rooted in several common factors.
Driver Negligence
Car accidents typically occur because of motorists’ negligent actions. There is a wide range of careless behavior that leads to collisions. For example, crashes regularly stem from the following acts:
- Drunk driving
- Speeding
- Distracted driving
- Running red lights
- Tailgating
- Illegal lane changes
Drivers who commit these errors can be held responsible for the accidents they cause. However, they are often represented by insurance companies who will attempt to refute plaintiffs’ claims. The support of our car accident lawyers can be helpful when proving that a negligent driver is to blame for your crash.
Faulty Vehicle Equipment
In some cases, accidents occur because of negligent actions committed by sellers and manufacturers of defective parts. For example, a collision may occur because a vehicle’s braking system was carelessly designed. Further, a car accident victim may sustain severe injuries because of a faulty seat belt.
Our car accident attorneys will investigate whether your car crash happened because of a defective product. If so, our team will evaluate the strength of your claim against the at-fault party. In such a claim, you can sue the manufacturer of the defective item. Vehicles are sometimes recalled for these kinds of problems, but manufacturers do not always issue recall orders before disaster strikes.
Road Conditions
Some car accidents happen because of poor road conditions. For example, a collision may happen because of potholes, missing signs, inadequate lanes, or debris in the road. Even though road conditions might be poor, drivers still have a duty to drive with reasonable safety under the circumstances.
It is especially important to drive more defensively on major roads during bad driving conditions. For example, drivers must be more careful if major highways like I-65, Murfreesboro Road, or US-431 are wet or the weather is bad. If the other driver was not careful enough, they can be held liable for your accident.
Maintenance of public roads is the responsibility of state and local governments. However, pursuing a claim against a local government can be a very complex process. If you suffered a collision from poor road conditions, you should contact an attorney right away.
Construction Zones
Car accidents in Clarksville also happen because of dangerous conditions created in construction zones. For example, accidents may occur because of the following:
- Construction equipment was left on the roadway.
- Construction vehicles could not safely travel to their job site without endangering passing vehicles.
- Proper signage was not provided to direct traffic through a construction zone
Construction companies should make sure that passage through construction zones is safe for motorists. Often, construction companies fail to erect signs or warnings about the construction zone. If you suffered an accident caused by a dangerous condition created in a construction zone, then contact our lawyers right away to determine if a construction company is at fault.
Should You Seek Medical Care After Your Clarksville Car Accident?
After being involved in a harmful car crash, you should go to the doctor as quickly as possible. Proper documentation of your injuries is necessary to recover payment in a car accident case. Furthermore, defendants and their insurers may argue that a delay in medical care indicates that your injuries were not severe. This means that seeing a doctor for your car accident injuries right away is vital. Our team can help locate the right physicians for you.
There are several hospitals in and around Franklin. You should get someone like the Williamson Medical Center as quickly as possible. Emergency medical personnel may transport you to whatever the nears emergency room is.
You should not let the cost of medical care deter you from receiving treatment. Compensation for any medical expenses you incur may be recovered from the at-fault party. Our experienced car accident attorneys can help ensure that all past, current, and future medical expenses related to your injuries are covered.
What Must a Car Crash Victim Prove to Collect Payment from Another Driver in Clarksville, TN?
There are four essential elements every plaintiff must satisfy in order to recover payment in a car accident lawsuit. First, you need to show that the defendant was required to fulfill a particular legal duty. For example, you may assert that the defendant was under a duty to obey speed limits or traffic signals. Our attorneys can help identify the applicable duty of care during your free case review.
Next, you must prove that the defendant breached that particular duty. For instance, you may present evidence that shows a defendant breached their duty of care by driving distracted. Several forms of evidence may be used to show that a defendant breached their duty of care. Our car accident attorneys will assist when gathering the evidence needed to establish that a duty of care was breached by the defendant.
Still, simply showing that the other driver did not adhere to their legal duty is not enough. You must prove that your accident relates to the defendant’s negligent conduct. For example, if the defendant in your case breached their duty by committing an illegal lane change, then you must establish that that conduct was the cause of your collision.
Lastly, you must prove that damages were incurred due to your car accident injuries. Damages have to be real, not just possible injuries, close calls, or near misses.
Figuring Out Available Damages Based on Your Injuries After a Car Accident in Clarksville, TN
An extremely important element of your lawsuit is damages. Your damages encompass everything your lost, felt, or endured because of your accident, including financial costs, physical pain, and emotional suffering. In serious cases, your list of damages may be quite extensive. Our car accident attorneys are familiar with assessing damages and figuring out the value of potential compensation.
There are several forms of economic damages that might be available. For instance, you may incur economic damages for medical expenses, lost income, property damage, and out-of-pocket expenses. Accounting for larger expenses is arguably simpler than tallying up smaller ones. People sometimes overlook small costs that add up over time, like the cost of traveling to and from the hospital for treatment.
There is also a wide range of non-economic damages that you can incur, such as physical pain and emotional anguish. Complex evidence may be needed to support a claim for damages in your case. Non-economic damages tend to relate to subjective experiences rather than actual amounts of money. As such, we might not have to come up with an estimate of what these damages are worth. Instead, we should focus on proving the severity of these painful experiences, and the jury will ultimately decide on the damages.
Suing For a Hit and Run Car Accident in Clarksville, TN
A major problem encountered by numerous plaintiffs is identifying the other driver. Many injured drivers are able to identify the other driver at the accident scene when they exchange information. The entire point of exchanging information is so each driver can file an insurance claim. Unfortunately, some negligent drivers do not stick around long enough to be identified.
In hit and run accidents, negligent drivers flee the scene after causing the accident. Perhaps they did not realize they caused the accident if their behavior was an indirect cause of the crash. Alternatively, they might flee because they know they are responsible for the crash, and they panic and run.
If you cannot identify the driver, you cannot file a lawsuit against them. While there are certain protections for plaintiffs in these scenarios, you cannot recover compensation without the defendant. For example, you might be able to file your lawsuit against a “John Doe” so you do not run afoul of the statute of limitations. However, your case will not progress very much until the defendant is located and served.
Our car accident attorneys will work with law enforcement officials to find the other driver. Since hit and run accidents are criminal offenses, the other driver might also face criminal prosecution, and the police will investigate. Once the police find the defendant, you might have to wait until a criminal trial is completed before your civil case can start.
When to Expect Compensation After a Car Accident Lawsuit in Clarksville, TN
An important question asked by many plaintiffs is when they get compensation after their case. If you successfully prove your claims, the defendant should be ordered to pay you compensation as ordered by the court. Unfortunately, compensation does not usually come right away, and some complications might make getting your compensation even harder.
There is usually some time between when the court orders the defendant to pay and when the plaintiff receives the money. The defendant does not normally pay the plaintiff directly. Instead, they might pay the clerk’s office or some other branch of the court. The court will then direct that money to the plaintiff, often after a brief waiting period of a few weeks.
Problems arise when defendants cannot pay. However, we can work with the court or even the defendant to make sure you get paid what you are owed. For example, if the defendant simply refuses to pay, we can ask the court about a lien on the defendant’s property or garnishing their wages.
It is also possible that the defendant wants to pay but cannot afford to. In that case, we can work out a structured or lump sum settlement agreement. Under a structured settlement, the defendant would pay for compensation over time, making monthly installments. Under a lump sum settlement, the defendant may pay a large portion of the compensation up front, and you can forgive the rest or set up a structured settlement plan for the remainder.
How Does Insurance Affect My Car Accident Lawsuit in Clarksville, TN
Many injured plaintiffs choose to file an insurance claim before beginning a lawsuit. Unfortunately, compensation is often limited by the terms of the insurance policy, and injured drivers are often left with insufficient compensation if they get anything at all.
You might rely on your own insurance policies for help. For example, your own insurance might include uninsured motorist coverage or MedPay for medical expenses. When you recover compensation in a lawsuit, you cannot recover damages already covered by insurance. You cannot recover twice for the same damages.
So, if insurance already paid your medical bills, the compensation you get for medical bills from your lawsuit would be paid back to the insurance company. This is because insurance companies have a right of subrogation regarding your damages. If you received $5,000 from your MedPay coverage, then received $7,000 from a lawsuit, your MedPay insurance would be entitled to $5,000, and you would keep the remaining $2,000 in addition to having your medical bills paid for. An attorney can help you navigate this complex process.
Contact Our Clarksville Car Accident Attorneys Today
If you were involved in a car accident, contact the Clarksville car accident attorneys Howe Law by dialing (844) 876-4357 for a free review of your potential case.
