Determining Liability in a Memphis Car Accident Case

If someone has been injured in a car wreck, it could be crucial to contact legal counsel to advise an individual on getting medical treatment, car repair, and how to deal with the insurance company. After that, a dedicated attorney will want to see that you are properly paid for your injuries by building a case for recovering compensation. The first step to this would be determining liability in a Memphis car accident case. Let lawyer David E. Gordon work to collect evidence, investigate the accident, and hold those responsible accountable for their actions.

Common Causes of Car Accident Cases

A few examples of common causes of car accidents in Memphis would be distracted driving, failure to keep a proper lookout, and driving too fast under the circumstances.

Distracted Driving

The use of cell phones to text and talk has resulted in a big increase in car accidents. Even though cars are generally safer, distracted drivers are talking and texting, and as a result, overcoming the safety features of their vehicles. Distracted driving also includes risks like eating while driving, talking with passengers, or dealing with unruly children in the backseat.

Failure to Keep a Proper Lookout

The second type of accident is failure to keep a proper lookout. For example, when a person is turning left at an intersection and sees that the light is green for the left turn, they may cause an accident by only looking where they are going to turn instead of checking that there are no cars approaching from the opposite direction.

Driving Too Fast

A third common cause of car accidents in Memphis is driving too fast under the circumstances, or speeding. Driving too fast under the circumstances also includes dangers like going the speed limit when the weather conditions demand slower speeds or on a crowded expressway when there is a lot of stop-and-go.

Determining Liability for the Car Crash

In determining a driver’s percentage of fault, one of the most important factors is if there are any witnesses. Getting a witness’ information at the scene is critical for many crashes.

For example, say a driver is coming into an intersection when another vehicle turns left in front of them, causing an accident. Ordinarily, the fault would lie with the turning driver. However, suppose the turning driver tells their insurance adjuster that the other person was speeding at the time of the accident. If there is a witness to the crash that could verify that they were not speeding, there should be no reason to place fault on the driver who technically had the right-of-way.

How Do Memphis Car Accident Cases Differ from Other Places?

One of the unique ways that car accident cases are handled in Memphis is that the police department would ordinarily give a ticket to the party that they think is responsible for the accident. This is unlike Horn Lake, Southaven, and Hernando, Mississippi where investigating officers would usually draw up a report for an accident but not give a ticket.

This is not a critical distinction, but it is sometimes important in that it gives an insurance company a basis for its decision. If the police officer gives the other driver a ticket in Memphis, it could help you get compensated for your injuries by providing evidence of liability.

Comparative Fault Jurisdiction

Memphis is a modified comparative fault jurisdiction, meaning that the fault of both drivers is considered. If a driver is 51 percent at-fault, the other driver’s insurance company does not have to pay for the plaintiff’s property damage or injuries.

If a driver was 40 percent at-fault, the other driver’s insurance company would be responsible for 60 percent of their property damage, so they would only need to pay a reduced amount of compensation.

Advantages to Contacting a Lawyer Early On

It is important to contact a local lawyer like David E. Gordon early on in the case because he could protect the client from the insurance adjuster. He could advise them on how to deal with the adjuster and could prevent the insurance company from taking the client’s recorded statement.

With respect to car accident cases in Memphis, everyone should know that the insurance adjuster is not on their side. The insurance adjuster for the at-fault driver has two principal jobs. The first is to find fault with the other’s driving at the time of the accident, and, if they are unable to find fault with the other’s driving, the second job is to pay them as little compensation as possible.

Make a Call to a Memphis Attorney for Help Determining Liability

Contacting an attorney is easy. All a person has to do is make a telephone call. When they make that call, the Law Offices of David E. Gordon would discuss the accident, injuries, and any other concerns.

If your situation is one in which our legal counsel believes they can help you, they will set up a meeting so that they can begin discussing legal options and how to go about determining liability in a Memphis car accident case. Call today to see how David can help you.