Car accidents occur at an alarming rate in Memphis and surrounding counties. From rear-end collisions on Union Avenue to drunk driving crashes along Poplar Avenue, these accidents injure more than 100 people a day. If you suffer an injury in a car accident, you need to protect yourself and your future. This means filing a claim to seek compensation for the damages you endured. However, you can’t file a claim or a lawsuit without first proving fault. After all, someone must blame the accident before you can collect money from their insurance policy.
Determining fault is one of the most crucial components of a personal injury claim. Without fault, there is no one to seek compensation from. Insurance companies know this. That is why they fight aggressively to pin some or all the blame back on you. They may claim you were speeding or not watching where you were going.
To counter these devious tactics, you need a personal injury law firm on your side from the start. At Rainwater, Holt & Sexton, we know the tricks insurance companies use to reduce their claims, and we fight against them. Our car accident attorneys can help you collect the evidence you need to clearly establish fault in a car accident case in Memphis. We can even uncover other parties that may share the liability, so you can collect the maximum compensation you deserve.
In Tennessee, you must remain at the scene of an accident that causes injury or damage. If you fail to do so, you may be charged with a hit-and-run crime. The police will arrive at the scene of the crash to examine the accident scene and interview the parties involved. Their initial investigation is important to establish fault in a Memphis car collision case.
The officers will write up an accident report based on the details of the crash. Their report will often include their opinion of who is at fault for the accident. Even if a police report doesn’t have this information, however, it is important to obtain a copy of this report for your case.
If the police believe that one party violated the law, they will include this in their report. They may also issue a citation or conduct a further investigation into the events of the accident. For example, if they believe a driver is under the influence of drugs, they may ask the driver to submit to a drug test. They may even arrest the other driver.
This information is important to building your case. Every opportunity to show that the other driver acted negligently is important to establishing fault.
If you have a police report, why do you need a Memphis law firm to help you determine fault in your car wreck case? Unfortunately, the police don’t always get it right. Their officers spend a little time at the scene of the accident and then write up their opinion of the crash. They may miss vital evidence that shifts the blame. Or they can miss a separate negligent party entirely, such as the product manufacturer or city.
A lawyer at Rainwater, Holt & Sexton will investigate the accident closely on your behalf. Our lawyers will look for any evidence that helps shed light on all parties that may be to blame. We can call in experts to examine tire tread, skid marks, and other accidental damage. We can also interview eyewitnesses and talk to ambulance personnel about your injuries.
Our Tennessee law firm seeks to get it right from the start. We work diligently to find all “at fault” parties and no risk to you. That’s because we take all our cases on a contingency basis. That means you do not pay us unless we can successfully win money for you! This gives all injured car accident victims the option to seek justice – regardless of their financial situation.
After a car accident in Memphis, the best way to determine fault is to hire an experienced attorney. Our lawyers can take the legal burdens off of your shoulders during this time. We are skilled and experienced at investigating these accidents and uncovering all liable parties. We know the ins and outs of personal injury law, and we can put that knowledge to work for you.
There are still ways you can help your accident case succeed. Immediately after a car accident, here are some steps you can take to help determine the fault in your accident.
Tennessee is considered an “at fault” state. That means that the person responsible for the accident is also liable for the damages and injuries they caused. Injured accident victims can seek compensation and recover damages from the “at fault” party and their insurance company.
When determining fault in a Memphis auto accident case, Tennessee operates on a standard called “comparative negligence.” This means that each person can be assigned a portion of the blame for the accident. If you are 50 percent or more at fault for the accident, you cannot legally recover damages for the crash. If you are less than 50 percent at fault for the crash, you can recover damages, but your percentage of fault will reduce the amount you recover.
For example, suppose you were injured in a car accident when a speeding driver ran a red light. However, you were found to be 20 percent to blame for the accident because you were distracted by your cellphone at the time of the crash. You received an award of $10,000 for your injuries. However, because of your percentage of blame for the accident, you would only receive 80 percent of this award, or $8,000.
As you can see, determining fault is critical. The insurance company will try and pin some of the blame for the accident back on you. This is a well-known tactic that helps them reduce their own liabilities.
In a no-doubt liability accident, it is easy to determine who is to blame for the car crash in Memphis. In these situations, the insurance company will rarely argue fault. Some of the most common types of no-doubt liability accidents include:
Even though your accident may be considered a no-doubt liability accident, you still benefit from an attorney. Your attorney will need to negotiate with the insurance company to make sure you receive a fair settlement that accounts for all of your injuries and damages. Without an attorney, the insurance company will still pressure you to sign a quick settlement that is just a fraction of what you need.
Unfortunately, most car accidents in Memphis require establishing negligence. Negligence means that a driver failed to take proper care. Disobeying the rules of the road is a typical example of negligence.
Negligence plays an important role in collecting compensation. Comparative fault in Tennessee means that both parties will be investigated to determine their degree of fault and if their negligence caused the accident.
Our attorneys will need to show that the other driver acted negligently while operating their car to establish fault. For example, perhaps they sped, ran a red light, or drove drunk. These are all examples of negligent driving behaviors that would lead to liability for the accident
There are different types of auto accidents in Memphis, and each one requires unique investigations to determine fault.
Single car accidents. Most single-car accidents are the driver’s fault – at least, that’s what most police reports indicate. However, further investigations may reveal other liable parties, such as tire manufacturers, the city responsible for maintaining the road, and other drivers. If you believe that your accident was not your fault, you need to call our law firm immediately to begin investigating your accident carefully.
Parked car accidents. These accidents are almost always the fault of the driver who was moving or trying to merge into traffic. However, these accidents may look, other reasons may have caused the crash. Our attorneys can investigate other lesser-known entities, such as auto part manufacturers.
Multi-car accidents. These accidents are difficult to navigate because multiple parties may be to blame. In addition, there are numerous injured parties. You may share the blame for part of the accident, but not the whole crash. For this reason, you need a law firm on your side that can investigate the collision and detail the chain of liability.
DUI accidents. These accidents require a specific type of investigation that involves obtaining BAC reports, police records, and eyewitness accounts at the bar. In some cases, the bar or restaurant responsible for serving the intoxicated driver may be to blame.
Distracted driving accidents. Distracted driving accidents may not be easy to prove at first. Our lawyers are skilled in investigating distracted driving crashes and obtaining cell phone data to prove negligence.
Dangerous Road Accidents. Sometimes the design or maintenance of the road in Memphis leads to an accident. This is often difficult to prove and requires a special kind of investigation. These types of accidents lean heavily on road design and maintenance evidence, and these claims must be filed quickly.
If you are involved in an accident in Memphis and you believe that you caused the crash, it is important to know what you can do to protect yourself and your rights.
Our car accident lawyers help injured drivers, cyclists, and pedestrians. We want to help injured accident victims find the justice they deserve after an accident. Our attorneys have experience proving fault and establishing liability in accidents in Memphis across the state of Tennessee. We know that you need money now to pay for medical bills, expenses, and lost wages. That is why we work quickly to negotiate the best claim for you. If your lawsuit does go to court, you can rest easy knowing you have experienced litigators on your side who can protect your rights to compensation at every turn.
We have over 30 attorneys ready to offer your caring and compassionate legal guidance after an accident. Our lawyers have won multi-million dollar car accident cases, and we can put this experience to work for you. After a car accident, you should have a winning team in your corner.
Our auto accident lawyers are here to help you, no matter where you suffer an injury. Contact Rainwater, Holt & Sexton to learn more about who is at fault in a car accident in Memphis today.
Fill out a free contact request form, which only takes a minute, or simply dial (501) 868-2500 and tell us your story. We offer FREE consultations in person or over the phone to better assist you. You have nothing to lose! Call us today!
We are proud to serve all of Memphis and Shelby County, including Germantown, Collierville, Millington, Bartlett, Arlington, Midtown, Cooper-Young, Orange Mound, East Memphis, Downtown, South Memphis, Binghamton, Berclair, the University of Memphis, Colonial Acres, Uptown, North Memphis, Central Gardens, Parkway Village, Oakhaven, Nonconnah, Whitehaven, and more.
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