It is not just your imagination that traffic in Memphis is worse than it used to be. Not only are there more cars on the road, but drivers seem more distracted than ever before with the presence of cell phones, GPS, multiple music options, and car diagnostic screens.
Drivers know it is their duty to follow the rules and drive safely when behind the wheel of a car. However, some drivers let distractions compromise the safety of others. When irresponsible conduct causes an accident, it is important to hold these drivers accountable for the harm they have caused.
A Memphis car accident lawyer can help you establish legal liability and recover compensation if you or a loved one has suffered injuries in an automobile collision. While a seasoned personal injury attorney cannot erase the effects of the accident, they could help you receive restitution that will provide for future needs. Let David E. Gordon assist you in safeguarding your financial future.
When a person injured in a car accident is able to prove that another’s negligence or wrongdoing caused their injuries, the injured individual could receive payments to compensate for the significant consequences of the collision. These payments are often referred to by Memphis attorneys as damages.
An injured individual can recover compensation for economic or noneconomic damages, which are either ones with a value that can be calculated, or intangible losses with a real impact on a person’s wellbeing but no direct monetary equivalent. Damages could be awarded for consequences such as:
An experienced car accident attorney can calculate the value of reasonable damages to compare with any settlement offers received.
State law requires car accident victims to act promptly if they want to receive compensation after a collision, as a lawsuit must be filed within one year of the incident or the court may dismiss the case.
This deadline, often referred to as the statute of limitations, is established by Tenn. Code Ann. §28-3-104(a)(1)(a). Many car accident cases settle out of court, but if the insurance company knows the statutory deadline has expired, the company will have no incentive to pay a settlement, which is why it is wise to adhere to the time limit set by the state.
Car accident victims are not automatically entitled to compensation, even if their injuries are severe. They must first demonstrate that another person caused the accident and that their negligence resulted in harm.
A legal professional in Memphis can work to prove that another driver’s negligence caused the collision. Drivers can be considered negligent when they fail to fulfill the duty of care they owe to others on the road and this error in judgement causes harm. For example, if a driver is talking on the phone instead of paying attention to the speed of traffic and rear-ends the car in front of them, the failure to watch changing conditions and keep a safe distance between vehicles is considered a breach of duty on the part of the distracted driver, making them responsible.
It is a good idea to consult a Memphis car accident lawyer without too much delay after a collision so they can begin to collect and preserve the evidence before the scene of the collision changes or witnesses’ memories fade. It can take time to prepare a demonstration of liability, so giving your attorney a head start can help increase the potential for a successful recovery.
An attorney can represent your interests during discussions with investigators, leaving you free to work on returning to health. To learn more about how dedicated personal injury litigator David E. Gordon could help your case, call today for a free consultation.