Were you suddenly struck by a motorist who fled the scene? Are you unsure of how to get justice when you do not know the identity of the person who hit you? If so, a Nashville hit and run accident lawyer at Cory Watson Attorneys could help you get justice.
With our firm by your side, you can heal from your injuries while we work on identifying the liable party and recovering maximum compensation for your damages. Contact our office for a free consultation today to learn more about what is next for your hit and run accident claim.
Steps to Take After a Hit and Run in Nashville
After you have been injured in a hit and run accident, your first instinct may be to attempt to follow the driver who hit you. However, the most important thing you should do is pull over to the side of the road and contact emergency responders.
You need to call 911 so the police can arrive at the accident scene. In addition, you will want to obtain a medical evaluation from emergency responders to get the treatment you need and begin documenting your injuries immediately after the accident.
Once law enforcement arrives, you will have the opportunity to document the accident scene. At the same time, police will investigate and determine who is responsible for causing your hit and run accident.
Once you have obtained your medical evaluation, do not hesitate to contact a hit and run accident lawyer in Nashville to learn more about what to do next. Generally, we will begin by investigating the cause of your accident to ensure we can establish liability and pursue insurance and civil claims where applicable.
For a free legal consultation with a hit and run accidents lawyer serving Nashville, call 877-562-0000
Legal Options Following a Hit and Run Accident
There are several ways in which you might be able to recover compensation following a hit and run accident in Nashville. First, drivers who flee the scene will often lack insurance coverage. Whether they are uninsured or underinsured if the person who hit you does not have enough insurance coverage to meet your needs, filing a claim with the insurance company may not adequately compensate you for your damages.
If this happens, your next best option may be to file a civil lawsuit against the individual who hit you. Filing a lawsuit against them opens up the opportunity that you could be compensated for every single loss as opposed to the damages as outlined in the defendant’s insurance policy.
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Liability for Hit and Run Accidents in Nashville
Generally, hit-and-run accidents are caused by negligent drivers. However, the reasons for this careless driving can vary widely. Some of the more common ways in which hit and run accidents occur include:
- Distracted driving
- Driving without insurance
- Failure to yield
- Refusing to stop
- Failure to use a turn signal
- Making illegal turns
- Driving under the influence of drugs or alcohol
- Driving while fatigued
- Road rage
These are just a few of the hit and run accidents that happen in Nashville. If your hit and run accident was caused another way, you might still have grounds for a claim. You can learn more about what legal options apply to you when you contact your attorney to discuss the specific details of your case.
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How to Prove Fault in a Nashville Hit and Run Accident
In hit and run accidents and personal injury claims across Nashville, liability must be proven based on a preponderance of the evidence. This is not the same burden of proof seen in criminal court, where the defendant must be convicted beyond a reasonable doubt.
The burden of proof is based on the evidence convincing the jury that the defendant is at fault for the victim’s damages. To do this, your attorney will need to show the elements of negligence have been met, including:
- Duty of care
- Breach of duty
Some of the more valuable types of evidence used to prove fault in a Nashville hit and run accident claim include:
- Photos of the hit and run accident scene
- Pictures of the victim’s injuries and property damages
- Accident and police reports
- The defendant’s chemical blood alcohol test results
- The defendant’s cell phone records
- Reports from accident reconstructionists and safety inspectors
- Medical records and financial documents
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Tennessee Law Limits Your Time to File a Hit and Run Lawsuit
According to TN Code § 28-3-104, you need to act quickly if you are hoping to pursue a personal injury claim for a hit and run in Nashville. The law only allows for a maximum of one year to pass before the statute of limitation expires.
Generally, this will occur one year from the date of the accident. However, the exact deadline can vary based on several factors, such as the date you were diagnosed with injuries related to the accident.
The sooner you get an attorney on your case, the more likely we can avoid issues with the statute of limitations. It also increases the likelihood that we can gather evidence that may be lost if we do not act on your case quickly, such as video surveillance footage and witness statements.
If your hit and run accident claim is not filed before the one-year statute of limitations, the Tennessee civil court system will almost certainly refuse to hear your case. If you attempt to file your lawsuit, the defense will file a motion to dismiss your case because the statute of limitation has run out. Unfortunately, the judge presiding over your case will likely have no choice but to grant their motion.
Discuss Your Case with a Nashville Hit and Run Accident Attorney Today
Although pursuing compensation following a hit and run accident in Nashville can be overwhelming, when you have a legal advocate, you can feel confident in your decision to hold the liable party accountable to the fullest extent of the law.
Reach out to a Nashville hit and run accident lawyer at Cory Watson Attorneys for a no-cost, risk-free consultation today. You can reach us by phone or our convenient contact form to get started on your case.
Call or text 877-562-0000 or complete a Free Case Evaluation form