Car Accident: Breach of Duty

Tort is the body of law governing replacement of damage stripped from victims in Car Accidents and other personal injury cases. You need a Franklin Personal Injury Lawyer who will hold negligent parties accountable for their actions.

All Tennessee car accident victims are not entitled to monetary compensation. Your Franklin TN Lawyer must prove negligent, reckless, or intentional conduct to have a legal remedy under Tennessee Personal Injury Law. Negligent conduct is activity which falls below the standard of care. This standard is how an average reasonable person of ordinary intelligence would act under the same situation and conditions. Recovering under negligence requires proof showing Duty, Breach, Causation, and Damages. The general burden or proof is by a preponderance of the evidence and a unanimous jury verdict is required. The balance of the article discusses duty in a motor vehicle accident.

Tennessee drivers owe each other a duty of care. An average person understands that distracted, drunk, careless or reckless driving is dangerous and may cause injury to fellow motorists. The legal duty attaches because drivers are or should be aware their conduct could cause harm. This legal duty is in place to protect society from individuals who place others at risk of injury or death behind the wheel.

Tennessee Rules of the road

The law does not impose the skill of a professional driver to operate a car or motorcycle. Tennessee does impose the rules of the road found at T.C.A. 55-8-101 Et. Seq. Franklin Car Accident Lawyer George Angelopoulos suggests reading through these rules prior to operating a motor vehicle because ignorance is no defense. A provision commonly utilized by TN personal injury lawyers in car accident cases is the Due Care provision found at 55-8-136. In summary every driver must travel under control at a safe speed, be aware of their surroundings, and devote their full attention to operating the vehicle. The existing conditions or circumstances determine what is required to avoid endangering life, limb or property damage.

Don’t travel faster than conditions allow. Don’t text and drive. Failure to follow common sense safety precautions can devastate lives. If a wreck causes you personal injury hold negligent drivers accountable for their lapse in judgement, distracted, or drunk driving. Contact Franklin Lawyer George Angelopoulos to discuss your rights and recovery today.