Car accidents are often preventable, and the person responsible for the crash should be held accountable. An attorney can help you file a lawsuit after an accident and get you compensation.
Car accidents often stem from common reasons, such as distracted driving, traffic violations, and intoxicated drivers. You should consider filing a lawsuit if you were injured in the crash and have considerable expenses. The person responsible for the crash should also be responsible for your bills. You can claim economic and non-economic damages related to the crash, including medical bills, property damage, pain, suffering, and more. Proving liability often requires that we establish that the other driver was negligent, which requires strong evidence in your favor.
A reckless driver should not be allowed to upend your life. Contact our Chattanooga, TN car accident attorneys for a free case review to get you started on the road to justice. Call Howe Law at (844) 876-4357.
Common Reasons Behind Car Accidents in Chattanooga, TN
Part of what makes car accidents so dangerous is their unpredictability. Accidents often happen when we least expect them. Even so, car crashes tend to stem from common situations that all drivers should prepare for. If you were in a car accident, contact our Chattanooga, TN car accident lawyers about taking legal action for damages.
Distracted driving is a leading cause of car accidents across the United States. Distracted driving is largely related to advances in communications and technology, particularly cell phones. Texting and driving or taking phone calls on the road is a serious problem and leads to many accidents because drivers are not focused on the road.
Traffic violations are another significant factor in many car accidents. Although most of us are guilty of a traffic violation on occasion, all it takes is one mistake for disaster to strike. If another driver runs a red light, blows a stop sign, fails to brake, or does not use a turn signal, they could cause a serious crash. If the other driver in your accident was issued a ticket or citation from law enforcement, we can use that as evidence in our case.
Drunk drivers are unfortunately a common occurrence, and alcohol-related accidents can be extremely dangerous. Drivers under the influence of alcohol or controlled substances often do not react in time to prevent crashes, and other drivers are often badly injured. Drunk driving is not only very dangerous, but it is also a crime, and the other driver in your case might be facing criminal prosecution.
Why You Should Consider Filing a Lawsuit After a Chattanooga, TN Car Accident
Plaintiffs often have multiple reasons for filing a lawsuit after a car accident. One of the most significant reasons for a lawsuit is that the plaintiff cannot afford to cover their damages. Damages include many expenses, like medical bills and property damage. Not only are plaintiffs often unable to afford these costs independently, but they should not have to. Even if you have the money to pay for your damages, the person who caused the accident should be the one footing the bill. Our Chattanooga, TN car accident attorneys can help you file a lawsuit to get the compensation you deserve.
You should also think about a lawsuit if filing an insurance claim does not work out the way you hoped. Tennessee is a fault-based state regarding auto insurance, and injured drivers must file third-party claims with the other driver’s insurance. If the insurance company denies the claim or offers an inadequate settlement, a lawsuit can help you recover the full extent of your damages. Additionally, the other driver might not have insurance, making a lawsuit your only option for compensation.
Potential Damages in Chattanooga, TN Car Accident Cases
Your damages are at the center of the lawsuit and require accurate calculations. Overlooking certain damages because they seem unimportant, or perhaps you do not realize you can claim them, may lead to reduced compensation. Our Chattanooga, TN car accident attorneys can help you determine the value of your damages and maximize potential compensation.
Economic damages are related to the amount of actual money you spent or lost because of the car accident. For example, medical bills for treatment after the accident are often very expensive and can be claimed as part of your economic damages. Similarly, the cost of repairing your vehicle and the income you have lost from missing work can also be claimed.
Non-economic damages are harder to define as they do not relate to actual amounts of money. Instead, non-economic damages are related to a plaintiff’s painful personal experiences after an accident. Mental and physical pain and suffering can be immense after a car crash, and they deserve compensation. Depending on the circumstances, you might also claim humiliation, damage to your reputation, and an overall loss of enjoyment of life. In Tennessee, non-economic damages are capped at $750,000 under T.C.A. § 29-39-102(a)(2).
How to Prove Liability in a Chattanooga, TN Car Accident Lawsuit
To have the defendant held liable for the accident in court, we must prove by a preponderance of the evidence (i.e., that it is more likely than not) that the defendant was negligent. Negligence comprises four critical legal elements: duty, breach, causation, and damages. Each element must be established if we are to prove your claims.
The duty element refers to the defendant’s legal obligation owed to the plaintiff. In car accident cases, this legal duty is usually the defendant’s duty to drive with reasonable safety under the circumstances and to obey the traffic code. A violation of this duty is a breach. The breach may look different in each case but often involves something like a traffic violation or another action or inaction violating the defendant’s duty. Next, we must establish causation, meaning we must show that the breach was the direct cause of the crash. Finally, we must establish your damages and prove they are real.
To prove each element and establish negligence, we need evidence. Evidence may come from the scene of the accident, your medical records, or eyewitnesses, among other possible sources. Our Chattanooga, TN car accident lawyers can help you find the necessary evidence and use it to prove negligence.
Call Our Chattanooga, TN Car Accident Lawyers for a Free Case Evaluation
Car accidents often leave injured drivers with high bills they cannot afford. Our Chattanooga, TN car accident attorneys can help you file a lawsuit to get the financial compensation you need to get back on your feet. For a free case review, call Howe Law at (844) 876-4357.