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Determining Fault in a Car Wreck

Every auto accident is unique. Sometimes it’s easy to determine who is at fault. Other times, not so much. And then there are times when the
answer seems obvious, but turns out not to be. Such was the case for one of our clients recently. This is important, because the amount that someone can recover for damages or injuries in a car accident depends heavily upon who was at fault in the accident.

The Evidence

Our client made a left turn at an intersection in front of an oncoming tractor-trailer that resulted in a deadly collision. You would naturally assume that our client was at fault in the accident, but our investigation led us to a different conclusion. We were able to obtain the onboard computer form the truck which still contained data from the last several minutes of operation. Analysis of this data allowed us to compute the position and speed of the truck over the last :60 seconds before the collision. With this data, we were able to prove that, as our client began to make his turn, the truck had not yet topped the hill between them and thus was not within view of our client.

Immediately after starting his turn, the truck topped the hill at full throttle, and continued to gain speed as it began its descent. If the truck driver had not been speeding and had been aware of the traffic in front of him, he would have seen our client in the roadway and could have taken evasive action, avoiding the collision altogether.

Instead, he continued to gain speed until braking hard just before the intersection. At the time, he was running without a trailer, which actually reduces stopping power significantly. Further investigation revealed that the driver was already late for his destination and had a less than stellar driving record. This evidence enabled us to demonstrate that, even though our client seemed to be at fault, the truck driver was actually more negligent in the operation of his vehicle.

What Can We Learn?

This case demonstrates several truths:

  1. Listening matters. If you’ve been involved in a car accident, it is important that you find an attorney who will listen to your side of the story.
  2. Experience matters. If you’ve been involved in a car accident, you need an attorney who has been through this before, who knows what questions to ask and where to look for answers. With more than 75 years of combined experience, The Lawyers of Brown & Roberto have the experience you need.
  3. Details matter. A quick check for your wreck may sound tempting, but it is never in your best interest. In this case, it would not have been possible at all. An experienced car wreck lawyer will look at all the facts, gather evidence and build your case.

A thorough investigation of an accident can sometimes overcome inaccurate conclusions about the cause of the accident. As with this case, the result can be a large recovery for someone originally assumed to be at fault.

Call Today for a Free Consultation

The Lawyers of Brown & Roberto are serious lawyers who know how to win. Our office is conveniently located in West Knoxville, with plenty of free parking. We’re happy to meet with you free of charge to discuss your case and answer any questions that you may have. Give us a call at (865) 691-2777 or contact us through our website Brown & Roberto, PLLC to set up a free consultation.

Client Reviews
★★★★★
"We tried to go through the insurance company ourselves, but they basically just laughed at us. So I got in touch with The Lawyers of Brown & Roberto. The insurance company's attitude really changed, and within a week we had our car replaced and rehabilitation going for my wife. The Lawyers of Brown & Roberto stuck in there and fought for us." J. Felver
★★★★★
"Had it not been for The Lawyers of Brown & Roberto, I would be in a mess. I would not have been able to handle the paper work or things that would have been required to stand in a court of law myself. They got the most that I could have gotten for any injury that I had. I was more than pleased with the settlement. They handled my case promptly and very professionally." D. Blakeman
★★★★★
"I would recommend The Lawyers of Brown & Roberto because they are for the client. They are extremely tough when they go to court, they keep you well informed, and they treat you as a person. They are extremely good attorneys. They changed my life. They helped my life because they believed in me. They fought for me. I thank God for them." C. Scarbrough