Negligence in Tucker Car Accident Claims
While some car accidents may be unforeseeable, many crashes are the result of one or more person’s negligence. If you were injured in a recent Tucker car accident, it is crucial to understand the laws surrounding negligence in Tucker car accident claims. A car accident attorney can help to safeguard your legal rights and assist you with filing a personal injury case against the at-fault motorist or other negligent party. To learn more, or to begin discussing the details of a particular case, be sure to reach out to schedule a consultation today.
Establishing Negligence in a Tucker Auto Collision
Four individual elements need to be established in a Tucker auto collision claim to prove that the other party was negligent. These elements are a duty, a breach of duty, causation, and harm or damages.
Once a driver gets in behind the wheel of their car, they owe a duty to others on the road, including motorists, their passengers, motorcyclists, bicyclists, and pedestrians, to drive with reasonable care. The next factor to be established is a breach of duty. A breach of duty occurs when a motorist fails to operate their vehicle with proper care, putting others at risk of peril. Common examples of driving behavior that may constitute a breach of duty include driving while drunk or under the influence of drugs, speeding, aggressive driving, running a red light or stop sign, and improper lane changes.
The third factor is causation. The other driver’s negligence must have directly led to the injuries the claimant sustained. Conversely, if the defendant driver behaved negligently but their actions did not contribute to the claimant’s injuries, they would not be liable for damages.
Once the first three factors have been established, the claimant must be able to show that they sustained harm or damages as a result of their injuries from the crash. An experienced car accident attorney could help a claimant recover their damages such as pain, suffering, wage loss, medical bills, physical therapy expenses, emotional distress, and diminished quality of life.
Understanding the Impact of the Comparative Fault Doctrine
Another vital factor surrounding a determination of negligence in a Tucker car crash claim is comparative fault. Under the doctrine of comparative fault, the court may adjust or diminish the amount of compensation the claimant is eligible to recover if they determine that the claimant contributed to the accident.
For example, if the claimant was not wearing their seat belt when the accident occurred, the court may determine that they are 30 percent responsible for the injuries they endured. As such, the claimant’s total compensation would be diminished by 30 percent, but they could still collect the remaining 70 percent of their financial damages. However, if the court reviews the evidence provided by both parties and determines that the claimant is 50 percent or more culpable for the wreck, they would no longer be entitled to financial recovery.
Contact a Tucker Car Accident Attorney to Discuss Filing a Negligence Claim
Negligence claims can be highly complex and negotiating your case on your own with the other driver’s insurance company could prove extraordinarily difficult. An attorney could help you pursue the at-fault driver for negligence in Tucker car accident claims and fight hard on your behalf to win the compensation you deserve for your injuries.
To find out more about starting a legal claim, contact a Tucker attorney today and set up your confidential case review.