How does comparative negligence affect my school bus accident claim?
In Tennessee, a plaintiff’s negligence will be taken into account when determining the outcome of his or her school bus accident claim. This is referred to as comparative negligence and it means that if the court finds that the plaintiff was partially at fault for their own injury, then any award of damages may be reduced accordingly. To illustrate, if a court found that the plaintiff failed to exercise reasonable caution while walking near the school bus, leading to the accident, the plaintiff may be found to be partially liable for the injury. If this happens, the court may proportionately reduce the amount of compensation they may be awarded from the defendant’s negligence. If the plaintiff is found to be more than 50 percent at fault for the accident, then he or she may not be able to recover any compensation at all. Thus, when pursuing a school bus accident claim in Tennessee, it is important for the plaintiff to have a clear understanding of how comparative negligence applies to their case. An experienced lawyer can help the plaintiff understand their rights and what evidence can be used to demonstrate that the defendant is more at fault for the accident than the plaintiff. With the help of the right legal representative, the plaintiff can maximize their potential compensation and ensure that their rights are defended.
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