Anyone injured in an accident can seek compensation if another person or a business is liable for the injury. Typically, accident victims bring claims under a negligence cause of action. This is a type of “tort” or civil wrong. In Tennessee, negligence has four elements that an accident victim must prove to be successful. Call Dennis & Winningham if you were hurt in a car accident, truck collision, or another accident. Our Chattanooga personal injury lawyer can gather evidence to establish negligence and then negotiate a fair settlement.
What is Negligence?
Negligence is a legal cause of action. Essentially, a person is liable for negligence when they carelessly hurt another person. If someone intentionally hurt you, such as by punching you in the face, then you would bring an assault claim. But accidents are usually brought under a negligence theory because a person did not act with ordinary care.
There are different types of negligence. For example, medical malpractice is a type of professional negligence committed by medical providers. But anyone could be sued for negligence if they were insufficiently careful and ended up hurting someone.
What Are the Elements of Negligence in Tennessee?
Negligence has four elements:
- The defendant owed you a duty of care. Sometimes this duty arises by contract, such as when a doctor or dentist agrees to treat you. But other people owe you a duty because they are physically close to you, and their actions could end up harming you. Think of a driver on a road. They owe a duty of care to the other drivers on the road.
- The defendant breached the duty of care. This means they failed to act with sufficient care.
- The defendant’s breach of their duty was the proximate cause of your injuries. You would not have been hurt but for the defendant’s lack of care.
- You suffered damages, which is the legal term for certain losses. Damages might be economic in nature, such as lost income or the cost of medical care. Or they could be non-economic, such as bodily or mental pain.
An accident victim must prove all four elements. If you can’t prove even one, then you have no claim.
Examples of Negligence
Negligence can take different forms, depending on the type of accident.
Consider a car accident. A driver has failed to drive with sufficient care when they do any of the following:
- Refusing to yield
- Running a red light
- Tailgating
- Passing illegally
- Driving while intoxicated
- Driving while fatigued
- Driving too fast for conditions
- Failing to use a turn signal
When a shopper falls, a store could be negligent for failing to clean up spilled liquids or at least warn people. A property owner who knows there is a history of crime has also been negligent if they refuse to employ reasonable security measures to protect their customers.
What is Negligence Per Se?
Of the four elements, breach is the most in dispute. The defendant will usually argue that they acted with sufficient care. The law in Tennessee does not require that people be perfect. Instead, a defendant must use the care that an ordinarily careful person would use.
Negligence “per se” means the defendant broke a safety law, and that violation is itself proof of negligence. For example, a person who passes illegally on the road is negligent if they crash head-on with a car coming in the opposite direction. Breaking the law is all the proof a victim would need that the defendant failed to use reasonable care.
Gathering Evidence for Use in Your Case
Your lawyer should understand the facts of your case inside and out. A defendant doesn’t need to pay compensation simply because you were injured. Instead, we need proof that they owed you a duty of care and injured you because they failed to fulfill this duty.
Call our law firm quickly after an accident. Tennessee has a short, one-year statute of limitations. (T.C.A. § 28-3-104.)
Anyone involved in an accident should try to gather what evidence as they can. That might mean talking with witnesses to a car accident, taking photographs of any hazard that caused you to slip, and so forth. Your legal team can look for other evidence.
Don’t be surprised if the defendant claims you were negligent yourself. In 1992, the state Supreme Court adopted a modified comparative negligence rule. If you are 50% or more at fault, then you will be unable to seek any compensation. Any lesser share of fault will result in reduced compensation.
Defendants have a strong incentive to blame victims for the accident. If successful, they can reduce what they pay or even possibly slide out from under responsibility altogether.
Talk with a Tennessee Personal Injury Lawyer about Negligence
Dennis & Winningham brings more than 75 years of combined experience to support our clients. We know that you are more than a number. Our objective is to use our skills to obtain fair compensation. Reach out today at 423-719-7564 to arrange a free, no-risk consultation with our firm.
We can discuss negligence and any other issue. We have helped countless accident victims in the 37411 zip code and nearby communities.
