Tennessee Auto Accident Lawyer Talks About The Legal Concept Of Comparative Negligence
Double Roadway Fatality
As an experienced Nashville auto accident lawyer I have often written about dangerous roadway conditions and there relation to car crashes. A recent story out of Maury County Tennessee shows how conditions might be the culprit on a double fatality pickup truck accident. Rally Hill Road in Maury County was seriously damaged during recent floods in Middle Tennessee. The damaged area, according to local media, was more than 20’ wide and over 2’ deep. Quite a pothole.
Family members blame the deaths on County officials who they claim failed to repair the road. On the other hand, a family member said that everyone who lived in the area knew of the damage and most avoided using the road because of it. This situation creates an interesting legal issue if the family of the deceased intend to sue the County.
Is the county responsible for keeping the roads in safe condition? The answer is , absolutely. Did the driver of the vehicle have knowledge of the road condition and fail to exercise due care when he used the road? It appears from the statement of a family member that the road condition was well known.
The legal concept at play here is the rule known as comparative negligence. The court will be asked to decide what percentage of negligence would be attributed to each party. This illuminates the reason why it is important to retain an experienced Tennessee auto accident attorney. Specialized training and experience can make the difference between a recovery and a ruling that the deceased driver is responsible for his own death and that of his friend.
If you or a loved one is seriously injured or killed in a Tennessee automobile accident caused by the negligence of another driver or a government agency you owe it to yourself to take advantage of a free consultation with the experienced Tennessee auto accident lawyers at Phillip Miller & Associates to find out about your rights and remedies.
Phillip Miller is a Tennessee Accident Attorney specializing in
Phillip has an AVVO rating of 10.0 (Superb), has been designated as a “Superlawyer”, and is the President Elect of the Tennessee Association for Justice.
Click Here to Contact Phillip
