Irrespective of whether you are a
suspect or the victim of a drunk driving accident, there are several advantages
of utilizing the rare and special talent of a Ripley, TN drunk driving accident
lawyer. The fact is that drunk driving accidents are governed by complex, state
specific, and extensive laws which require a professional understanding and
application when it comes to your drunk driving accident case.
So whether you need to defend yourself
against a driving under the influence charge or are a victim wanting to file a
civil lawsuit for compensation for your injuries, a Tennessee drunk driving
accident lawyer will be the best help you can possibly get.
Now what? Not sure where to look? Not
sure what to do first? Too many other things on your mind? No worries, someone
has been thinking about you. This terrific and all start
caliber website was built for those who need legal assistance and who have
been victimized.
How
to win your negligence claim?
Negligence is a word technically used to
define the failure of a person to act responsible or reasonably in a given
circumstance. When you are hit by a person who was driving while intoxicated,
he is deemed to be negligent since he was breaking the laws and is therefore
liable for the damages.
When you file a civil personal injury/negligence
claim to seek economic compensation for damages, the burden of proof is upon
you. This means that even though you were innocent in the case, it is your
responsibility to prove that the other party/parties were negligent and
therefore are liable for damages.
According to Ripley, TN drunk driving
accident attorneys, to be able to prove negligence, there are four things that
need to be shown or established in a court room.
The first is to show that there was a
duty owed by the defendant to the plaintiff. The duty in most drunk driving
accident cases is that while using public roads, it is everyone’s duty to do so
carefully and with consideration for the safety of themselves and others.
The second requirement is to prove that
in the specific case in question the defendant breached their duty by being
negligent. The plaintiff can demonstrate this by proving that the defendant was
driving drunk or driving without regard for safety.
One
after another
Once the duty and the breach of duty
have been established, it then has to be connected to the consequences.
Therefore, the next thing to prove is that this breach of duty was the cause of
the damages in the case. Damages may include damages to property and bodily
injuries sustained by the plaintiff.
Finally, the plaintiff will have to
provide a breakdown of these damages and estimate how much they need to be
paid. In order to do this, the plaintiff will have to provide medical bills,
vehicle repair estimates, and other related expenses.
Comparative
negligence
According to Tennessee drunk driving
accident lawyers, many states have employed or adopted the comparative
negligence rule. Practically speaking, this rule looks at an accident as the
fault of more than just one person and thereby holds all parties negligent responsible
for the damages.
By
the numbers
For instance, if two drivers A and B
were involved in an auto accident and it is determined that A was at fault by
60% and B was at fault by 40% then A will have to pay for 60% of the total
damages and B will bear the costs of the other 40%. To understand the finer
aspects of negligence and other issues make sure to speak with a lawyer today.
You can find some of the best legal assistance
in the field today using http://dui-lawyers.usattorneys.com/tennessee/.
This is not the time to try to work with insurance companies by yourself. You
may sell cars for a living and you could be the finest sales professional in
three counties but this is a different animal and you have other things to
focus on (your job, health, car damage, family, etc). This is not only about
selling your situation, this is about knowing the law!
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