What Tennessee and Georgia Drivers Need to Know about Fault Laws for Car Accidents
Tennessee and Georgia are considered “fault states,” which means that when a motor vehicle accident occurs, the at-fault driver is legally and financially responsible for resulting damages. In most cases, injury victims can obtain compensation from the at-fault driver’s insurance policy. But in fault states, such as Tennessee and Georgia, they can also sue the driver. In “no-fault” states, on the other hand, drivers are limited to recovering from their own insurance policy, even if the other driver was 100 percent at fault.
In TN and GA, if you can prove that the other driver was at least 50 percent at fault for your damages, you can make a claim against their insurance policy, but you may also be able to obtain compensation by filing a personal injury lawsuit.
Compensation received will depend on various factors, including whether or not you were partially responsible for the accident, and the extent of your injuries and other damages. Possible damages include medical expenses, lost income, emotional pain and suffering, and vehicle repair bills.
What About Rear-End Accidents?
Because Tennessee and Georgia are a fault states, determining liability is the most important step in any motor vehicle accident case, including rear-end crashes. The tailing driver is almost always liable in a rear-end collision. The law in Tennessee and Georgia states that “the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and the condition of the highway.”
There are, of course, exceptions to this rule. For example, what if the car ahead suddenly brakes when both vehicles are traveling at high speeds? In most cases, the tailing car will still be liable, as GA and TN law requires drivers to maintain a reasonable distance from other vehicles. But what if the lead car’s brake lights weren’t properly functioning, or the car behind you rear-ends you, causing you to crash into the car ahead?
Whatever the circumstances of your rear-end collision, it is legally possible for both drivers in this type of accident to be found liable. An experienced TN and GA motor vehicle crash attorney can review the details of your case and help you determine how to proceed.
Contact a TN or GA Car Accident Attorney
If you have been injured in a car accident due to another’s negligence, the skilled legal team at Dennis and King can help. In a fault states such as Tennessee and Georgia, you can file a claim against the at-fault driver’s insurance company and sue them individually for damages. But proving fault is critical to a favorable outcome. As such, it is in your best interest to consult with an experienced car accident attorney immediately.
Our highly-knowledgeable, compassionate injury lawyers have helped countless car accident victims get the compensation they deserve in a timely manner. Don’t go through this stressful situation without the help of skilled legal counsel. Contact Dennis and King today for a free and confidential consultation about your case.