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Determining negligence in a fatal car crash

| Jun 25, 2021 | injuries |

From a legal standpoint, negligence refers to any inadvertent act that causes harm to another person. For instance, it’s unlikely that a driver who was speeding on a Tennessee highway did so with the intent of harming other motorists. However, that person likely knew that driving too fast for road conditions increased his or her risk of causing a crash to occur. In some cases, multiple parties might be considered negligent in a car accident case.

Could you be liable for your own death?

Depending on the facts of the case, it’s possible that you could be liable for the accident that results in your death. This may be true if you were impaired by drugs or alcohol at the time of the accident. Furthermore, you could be responsible for a crash if you were using a cellphone, driving a defective vehicle or took other actions that violated your duty of care toward other motorists.

Your estate may receive a payout even if you’re partially liable

If you are killed in a car crash, your estate may receive payment from another party assuming that you are less than 50% liable for the accident. In the event that multiple parties are to blame for your death, they will need to work together to ensure that your family is compensated in a timely manner.

Don’t forget about the statute of limitations

An MVA attorney will likely file a lawsuit the day that he or she is hired to represent your interests. This helps to ensure that whoever is pursuing compensation on your behalf retains the right to take a case to court if settlement talks aren’t successful. In Tennessee, a lawsuit must generally be filed no more than a year after a fatal accident occurs.

An attorney may be able to help your loved ones collect compensation for medical bills, lost wages and other expenses if you’re killed in a crash. A legal adviser may also help you obtain compensation from a party who was killed in a wreck caused by his or her negligence.