Did you know that between the months of October 2016 and September 2021, Knoxville had a total of 1183 traffic accidents, resulting in either death or severe injury? That might not seem like a lot over such a period of time, but that changes when you consider that it means approximately once every 37 hours, someone in Knoxville has their life irrevocably altered! If this type of accident has impacted you or someone you love, you will need an auto accident injury lawyer in Knoxville to help you file a lawsuit. One of the key elements in securing damages to help cover your medical bills and other losses is proving that the fault lies mainly with the other driver. Let’s take a look at everything you need to know about the burden of proof.

What is The Burden of Proof?

When filing a personal injury lawsuit following an auto accident, the burden of proof lies with the party seeking compensation. In simple terms, this means that you - or, more accurately, your auto accident injury lawyer in Knoxville - must be able to demonstrate that the other party is the one at fault. It is important to gather evidence to support this claim, as the other party may challenge your burden of proof. This is why choosing an experienced auto accident injury lawyer in Knoxville is so important, as they have the knowledge to help you navigate the process of gathering the appropriate evidence.

It is important to note that Tennessee is an ‘at-fault’ or ‘tort’ state, which means that the person who caused the accident is responsible for paying for the other party’s injuries and any property damage. However, Tennessee also operates on comparative negligence, meaning that some of the fault can be attributed to all parties involved. In order for your auto accident injury lawyer in Knoxville to recover damages for you, they must prove that you have less than 50% of the blame.

What Kind of Evidence is Required?

Now that we have a better understanding of the burden of proof and the need to provide credible and compelling evidence. Your next question might be to determine what sort of evidence that might be. Your auto accident injury lawyer in Knoxville will examine the details of your accident and identify evidence that will help to determine negligence from the at-fault party. Some of the different types of evidence that might include are:

  • Details of the Accident - The first step will be to sit down with your auto accident injury lawyer in Knoxville to discuss all the details of your accident. It is important to provide as many details as you are able to remember, including details about the vehicles, the location of the accident, date, time, weather conditions, and contact information for any witnesses that were present.
  • Eyewitness Testimony - If there were eyewitnesses who saw your accident as it happened or even just some of the aftermath, then your auto accident injury lawyer in Knoxville will want to talk with them to corroborate the details that you have shared as this helps to prove who was at fault.
  • Police Reports - It is important to obtain a copy of the police report relating to your accident, as this provides an objective account of what happened. There may also be details regarding any citations issued at the accident scene or any traffic violations noted.
  • Expert Testimony - Personal injury lawsuits can get complicated, especially auto accident-related ones. It may be necessary to produce testimony from an expert witness to support your burden of proof. For example, your auto accident injury lawyer in Knoxville may call upon a medical professional or an accident reconstruction expert to provide additional detail about the accident and your subsequent injuries.
  • Photographs or Video - It is always a wise decision to take photographs or videos of the scene of the accident if it is safe for you to do so. You should pay particular attention to documenting damage to your vehicle and your injuries, but a wide shot of the overall scene can also be valuable. These images can be presented as evidence. Your attorney may also be able to access footage from surveillance cameras from the city or local businesses.
  • Medical Records - Your auto accident injury lawyer in Knoxville will need your medical records to prove the extent of your injuries and substantiate the amount of damages being claimed. It is important to keep all documentation, including doctor visits, details of surgeries, copies of prescription medications, hospital invoices, x-rays, and treatment plans. Anything that can be used to substantiate your compensation claim.

Every auto accident is different, with its own unique set of circumstances. The process of filing a lawsuit and navigating the burden of proof can be tricky. Choosing an experienced auto accident injury lawyer in Knoxville is the best option, as they can navigate the legal process, leaving you free to focus on healing from your injuries.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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