MVA Lawyer Bristol, TN

MVA Lawyer Bristol, TNWhen people hear about a drunk driving accident, they often automatically think that the driver who was under the influence is responsible. However, this isn’t always the case. An impaired driver who wasn’t at-fault for harm caused in a collision may not be held liable for the damages. Similarly, if an impaired driver is only partially at-fault, that individual may generally only be held partially liable for any harm caused. Of course, the driver’s impairment can be a factor in the incident, but not necessarily the cause.

Unfortunately, if alcohol is found in one of the driver’s system, law enforcement may pin the incident on that person simply because it’s the easiest scapegoat. Anyone who has been arrested for being intoxicated while at the scene of a car accident, is strongly advised to not speak with police about what happened until they have consulted with a Bristol, Tennessee MVA lawyer. Not only can your interactions with law enforcement officers impact any criminal charges that may be brought against you, but these interactions can also impact your civil options and liability as well. The Law Offices of Mark T. Hurt can help you to protect your rights and preserve your options in the wake of a crash, whether you were intoxicated at the time of the collision or not.

Determining Fault in the Car Accident

In regards to most car accident cases, the main issue is who is at-fault (unless you live in a no-fault state). Whoever is deemed at-fault will be held financially responsible for personal injuries and damages that resulted. There are generally three elements of fault that will be considered as your Bristol, TN MVA lawyer builds either an affirmative case or a defensive case on your behalf, depending on your unique legal needs:

  1. Duty of Care: The first element of showing fault is proving that one party owed “duty of care” to the other. So for a car accident, this means showing how one driver owed a duty to drive safely while in the presence of others on the road.
  2. Breach: The second element is when the duty of care is breached. It must be shown that one of the drivers not only had a responsibility to operate the vehicle safely, but that they committed a breach of this obligation.
  3. Causation: The third element is proving that there is a direct link from the driver’s breach of duty and resulting injuries and/or damages.

How Alcohol is a Factor

Just because one of the drivers was drunk doesn’t mean that the other is completely innocent. Similarly, an “x-factor” could have impacted the causation of the crash. For example, if you are driving while a little tipsy and your brakes give out, you can’t be held responsible for the fact that your brakes were defective at the time of the crash. If a lawsuit is filed, the prosecution has to do more than show evidence that the driver was drunk. They must show beyond a reasonable doubt that the drunk driver committed two elements of fault, including having a duty and breaching it.

Being drunk in itself is not the deciding factor in terms of causation. It is about the circumstances of the accident and whether one driver also violated the rules of the road which led to the collision. For instance, in a rear-end collision, it is usually determined that the person behind is at-fault. So, whether the driver in front was drunk may be viewed as irrelevant. However, if the drunk driver had ran through a red light which caused the accident, then this would have more weight in court.

If you’ve been involved in a crash, please connect with an experienced Bristol, TN MVA lawyer as soon as you possibly can. The quicker you act to protect your rights and preserve the legal options, the more tools a Bristol, TN car accident lawyer will be able to use when advocating for your best interests.

What Our Clients Say

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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