Located in Monroe and Blount Counties near Tellico Lake, Vonore is a small community in an area with a rich history. Two Tennessee State Historic Areas in the vicinity, Fort Loudoun and Tellico Blockhouse, contain notable archeological excavations and reconstructions that visitors can explore to learn about the Cherokee settlements in the area. Not far to the south, the Great Smoky Mountains provide a wealth of recreational opportunities for residents and tourists alike. Despite the attractions that this tranquil area offers, accidents still can arise unexpectedly. Car crashes, slip and falls, boating accidents, and other harmful events may cause victims to miss substantial periods of work, undergo costly medical treatments, and suffer a severely diminished quality of life. Experienced Vonore injury attorney Mark Hartsoe understands what you are going through during this time. He can provide you with the dedicated legal representation that you need to assert your rights.Holding a Negligent Driver Responsible for a Car Accident
Car accidents are all too common, even in rural communities like Vonore. To recover compensation after being struck by a careless driver, you must point to the generally established rule that each person must drive with reasonable prudence and skill. You also must show that the defendant breached this duty, the accident resulted from the breach, and you incurred damages.
Many of these crashes result from distracted driving. According to Tennessee law, residents of this state are prohibited from texting while driving, and novice drivers are prohibited from using a cell phone in any capacity. A violation of any of these rules would be considered a breach of the duty of reasonable care.
Unfortunately, drunk and drugged driving are also common causes of devastating car accidents. TCA 55-10-401 prohibits motorists from operating a vehicle when their blood alcohol level exceeds 0.08%, and TCA 55-10-401 correspondingly prohibits drivers from operating vehicles while under the influence of many types of drugs. If you have been involved in a crash caused by a drunk or drugged driver, referring to these rules can help you establish the defendant’s duty and breach.
You must next prove that the defendant’s conduct was the direct cause of your injuries, such that had he or she acted with the appropriate care, you would not have been hurt. The last element of damages involves identifying objective and subjective costs and losses that arose from the accident. Also, Tennessee law allows a plaintiff to recover punitive damages if the defendant acted intentionally, fraudulently, maliciously, or recklessly. To receive punitive damages, the plaintiff must prove that the defendant’s conduct met one of these standards by clear and convincing evidence.Seeking Damages From a Property Owner after a Slip and Fall
Another common type of accident is a slip and fall on someone else’s property. For example, a shopper at a supermarket or a diner at a restaurant may lose their balance on a floor that has not been properly cleaned. In other situations, uneven sidewalks, unreliable handrails, and uneven or poorly lit staircases may cause devastating harm.
Victims in these situations may be able to assert their rights through a premises liability claim, which is meant to provide compensation for a property owner’s failure to maintain his or her premises in a reasonably safe condition. According to this standard, a property owner has a duty to inspect and repair its premises, and to provide visitors with a warning regarding any hazards. The duty is owed to anyone who is lawfully on the property and in some cases to children who trespass onto the property.
Under Tennessee law, a plaintiff can prove that a defendant had constructive notice of a dangerous condition. Constructive notice means that the owner should have been aware of the situation, even if the owner was not, and it can lead to the same extent of liability as if the owner actually knew about the hazard. This requires showing that the defendant caused or created the condition, the condition existed for a sufficient period of time that a reasonable property owner would have noticed it, or a pattern of conduct by the defendant caused the condition to arise, involving recurring incidents or continuing conditions.
Negligent operation of boats on Tellico Lake can also cause serious injuries or death. It is critical to hire an experienced lawyer like Mark Hartsoe who can immediately investigate your case to develop and preserve evidence essential to your claim.Consult an Injury Attorney in the Vonore Area
If you or someone you love has been harmed as the result of another party’s careless or reckless conduct, you should enlist a slip and fall or car accident attorney to bring a claim for compensation. Vonore injury lawyer Mark Hartsoe has assisted many accident victims in pursuing the judgment or the settlement that they deserve. Call us at 865-804-1011 or contact us online to set up a free consultation.