Knoxville Court Case Where Rear-End Accident Not Automatically The Fault Of The Rear Vehicle -- Hicks v. Prahl
There is a common misperception that a driver who rear-ends another car is the one at fault. This is generally true but not always, as illustrated by a recent case heard by the court of appeals at Knoxville. There are many false and common presumptions about the law. If you have been involved in an accident in Maryville or Knoxville, an experienced car accident attorney will find aspects of your case to get you the compensation you deserve.
In order to hold a defendant accountable for damages caused by an auto accident, the defendant has to be proven negligent. Negligence can be proven when a driver fails to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. The plaintiff in Hicks v. Prahl failed to prove the driver who rear-ended her negligent.
Facts of the Case
In Hicks v. Prahl, the plaintiff and defendant had been merging onto Pellissippi Parkway from Hardin Valley Road. While in the merge lane, the plaintiff stopped her car, which the defendant, following the plaintiff, recognized and stopped as well. The plaintiff began to accelerate and the defendant followed. Assuming that the plaintiff was going to merge onto Pellissippi Parkway, the defendant turned her head over her shoulder to look for traffic. When she turned back around, she was surprised to find the plaintiff's vehicle had stopped again, but the defendant failed to stop her vehicle before hitting the plaintiff's vehicle.