How will the court determine who is at fault in a truck accident?

In Tennessee, fault is determined through a comprehensive legal process called negligence. Negligence is a legal concept that means a person failed to act with reasonable care and caution in a situation, ultimately causing harm to someone else. In order to establish negligence and assign fault for a truck accident, the court must first determine the duty of care that the truck driver owed to other drivers and pedestrians. The duty of care can vary based on the situation. For instance, a truck driver may have a higher duty of care to other drivers than a pedestrian. Once the court determines the duty of care, they must then determine if the truck driver breached their duty of care. A breach of duty of care occurs when the truck driver fails to exercise reasonable care and caution while driving. For instance, if a truck driver was not paying attention or was driving recklessly, it can be determined that they breached their duty of care. If the truck driver breached their duty of care, the court must then determine if their actions caused harm to other drivers or pedestrians. The court will then evaluate all relevant evidence to determine if the truck driver’s negligence led to the accident. This includes witnesses, police reports, and any physical evidence, such as skid marks or broken pieces of the vehicle. If the court determines that the truck driver’s negligence was the cause of the accident, they will assign fault to the truck driver. If both the truck driver and another driver were negligent, the court will assign a percentage of fault to each person based on their negligence.

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How will the court determine who is at fault in a truck accident?

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