Detailed Answer
Under Tennessee law, a plaintiff must prove that another motorist acted negligently and that this negligence caused the collision. Negligence has four elements: duty, breach, causation, and damages.
1. Elements of Negligence
- Duty: Every driver must exercise reasonable care under T.C.A. §55-8-101.
- Breach: Violation of a traffic signal, failure to yield, or improper lane change constitutes a breach.
- Causation: The breach must be the direct cause of the crash.
- Damages: The plaintiff must show physical injury or property damage.
2. Types of Evidence
Collecting strong evidence helps establish each element:
- Police Report: Cites violations (e.g., running a red light under T.C.A. §55-8-108) and contains diagrams.
- Photographs and Videos: Show vehicle positions, skid marks, traffic signals, and signage.
- Traffic Signal Data: Obtain timing logs or red-light camera footage from local traffic engineering departments.
- Witness Statements: Eyewitness accounts can confirm signal color or the other driver’s actions.
- Event Data Recorders (EDRs): Extract speed, brake use, and throttle data from the vehicles’ “black box.”
- Expert Reports: Accident reconstruction specialists analyze speed, angles, and impact points.
- Admission or Statements: Recorded statements by the other driver admitting fault.
- Cellphone Records: May show distraction or call activity at the time of the crash.
3. Collisions at Traffic Signals and Exits
Crashes at intersections or freeway exits often involve specific challenges. Common factors include signal timing, confusing signage, or poor lane markings. Key steps:
- Document signal phase and timing from the local traffic division.
- Measure sight lines and verify that the driver had adequate visibility.
- Check roadway design standards to see if signage complied with the Manual on Uniform Traffic Control Devices (MUTCD).
4. Statutory References
Key Tennessee statutes:
- T.C.A. §55-8-101 – Duty of motorists to use due care.
- T.C.A. §55-8-108 – Obedience to traffic control signals.
- T.C.A. §55-10-101 – Duty to stop and render aid after an accident.
Disclaimer: This article provides general information on Tennessee law and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Photograph the scene from multiple angles before moving vehicles.
- Record contact information for all witnesses immediately.
- Obtain a certified copy of the police crash report promptly.
- Preserve video footage from nearby businesses or traffic cameras.
- Consider hiring an accident reconstruction expert early.
- Keep all medical and repair records to document damages.