For the vast majority of car accidents, liability is determined by examining the circumstances of the accident and determining who was at fault in the accident. Fault is usually established by investigating all of the factors at play and finding one or more of the parties involved in the accident to have been negligent in his or her behavior with regards to the well-being of others. However, not all cases are determined by negligent behavior.
From the legal perspective, negligent behavior refers to behaviors that violate a duty that one person has to another. In car accidents, this breach is often in the duty of care that every driver has to avoid driving patterns and behaviors that are likely to cause an accident, such as speeding, running red lights and other such traffic violations. Alternatively, liability can be established by proving that one or more party was reckless in its behavior, meaning that the party should have known that its actions were likely to cause harm.
We have all sped down the highway because we believe that going a few miles over the speed limit is not enough to significantly increase the likelihood of an accident. However, nearly every driver on the road agrees that driving drunk is extremely dangerous behavior, and almost always significantly increases the likelihood of an accident. Because of this, drunk driving is often considered reckless behavior, because drunk drivers should know that as soon as they get behind the wheel, they are putting their own lives and the lives of others at risk.
If you have been involved in a car accident in Tennessee, it is in your best interests to enlist the aid of a personal injury attorney who can help you analyze the circumstances of an accident. Not only can an attorney help you prove negligence on the part of another, but an attorney can also ensure that a full investigation is conducted to uncover whether or not one of the drivers was drunk. Proving that another driver was drunk leading up to the accident is often a sure sign of recklessness, and gives you a very strong chance of recovering compensation.