Knoxville Mechanical Problem Car Accidents
Most car accidents are caused by driver error. A driver runs a red light, makes an improper turn, or rear-ends another vehicle. In those cases, it may not be very difficult to prove liability for the accident. Other car accidents involve mechanical problems. Maybe a driver’s brakes went out or there was a tire blowout. Should that driver be deemed at fault for the collision? What about the manufacturer of the vehicle? It is usually much more difficult to prove fault in this type of collision. If you have been injured in a mechanical problem car accident, call our office today to discuss your claim and the potential parties who may be responsible for your injuries. The Knoxville car accident attorneys at Nahon, Saharovich & Trotz have recovered more than $1 billion in compensation for injured parties, and we understand the importance of conducting a thorough investigation into each case we handle.Seeking Compensation for Your Losses After an Auto Accident in Knoxville
In order to seek recovery from another driver or his liability insurance carrier after any car accident, you must first show that the driver’s negligence caused the accident and your injuries. If the driver committed a driving error or was driving while fatigued or intoxicated, then the error, fatigue, or intoxication will normally be enough to establish negligence on that driver’s part. In fact, in those instances the driver may be cited for driving under the influence of drugs or alcohol or for violating a traffic law such as disregarding a stop sign or failure to yield, and you may be able to seek recovery under a theory of negligence per se where negligence is presumed if a driver violates a safety law.
Is a driver negligent if he has an accident due to mechanical problems with his car? What if a driver has a blowout which causes his vehicle to roll over and hit yours? Is the driver negligent in that situation? It depends. All Tennessee drivers are expected to maintain their car in a reasonable working manner while operating it on roadways within the State. Did the driver know that his tire was faulty before he left home that day, or was the blowout due to debris he ran over in the road right before the accident? Was there a manufacturing defect with the tire?
Answers to all of these questions and more will be necessary to determine whether a mechanical problem car accident was the result of negligence. If the driver knew that his tire was faulty before he ever drove down Interstate 40, then he may be responsible for any accidents and injuries resulting from a blowout. If the driver did not know and reasonably should not have known he was going to have a blowout, then he may not be considered responsible for the accident or your injuries. If the tire had a manufacturing defect which caused the blowout, then the tire manufacturer may be to blame, which means you could file a product liability lawsuit.
In some cases, all of the parties may share some blame for the accident, and whether you will be able to recover under Tennessee’s comparative fault system will depend on how much fault, if any, ends up being attributed to you. Suppose a vehicle in front of you has a blowout while speeding and you are unable to avoid a collision because you are also speeding and following too closely. In that case, you and the other driver could both be to blame. Suppose the blowout was due to a tire defect. In that case, you, the other driver, and the tire manufacturer may all be at fault to an extent. Generally, you must be less than 50% at fault in Tennessee in order to recover from the other parties.
Mechanical problem car accidents are very case-specific and fact-intensive, and liability will vary with each accident depending on the individual circumstances. It is important to contact an auto accident attorney in Knoxville as soon as possible following your involvement in one of these accidents so that person can investigate all potential claims and sources of recovery and gather the necessary evidence to prove those claims.Discuss Your Motor Vehicle Collision Claim with a Knoxville Attorney
If you have been injured in a crash due to mechanical problems, call Nahon, Saharovich & Trotz today so that our legal team can investigate potential claims against the at-fault driver or the vehicle or part manufacturer when appropriate. Our firm has been handling personal injury cases in Tennessee for more than 25 years, and we have a skilled team of more than 30 lawyers and over 120 support staff members who assist injured parties in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville, as well as other cities across Tennessee, Arkansas, Mississippi, Missouri, and Kentucky. Call us toll-free at 800-529-4004 or complete our online form to set up a free consultation with a car wreck attorney. NST is the way to go.