How Tennessee Comparative Fault Laws Affect Car Accidents
Like many other states, Tennessee follows a comparative fault system when looking at car accident claims and deciding how much compensation to give to accident victims. Therefore, if there is any possibility that you are partly at fault or contributed to a crash, you need to know that you may still be eligible to file a car accident claim and pursue compensation for your losses.
Many people need clarification about the comparative fault laws in Tennessee after a car accident and never attempt to get the financial recovery they need and deserve. Our firm seeks to provide a clear and easy-to-understand explanation of this complex process.
What is comparative fault in Tennessee?
Comparative fault, also called comparative negligence, is a legal doctrine used in Tennessee to determine who is at fault and should be held liable for personal injury cases, including car accident cases. Therefore, by having this type of fault system, courts can consider each negligent party’s level of fault in the accident or injury and determine how much compensation will be awarded accordingly.
What type of comparative fault system does Tennessee follow?
Tennessee specifically follows a modified comparative negligence system. This allows injured victims to file a claim and seek compensation for their damages as long as they are 49 percent or less at fault for the accident. Therefore, if you are involved in a collision with another driver and the court determines that you are 35 percent at fault for failing to use a turn signal and the other driver is determined to be 65 percent at fault for speeding and distracted driving, you can still file a claim and obtain compensation.
However, the compensation that you receive will be reduced by your level of fault, which in this case would be 35 percent. If you are awarded $10,000 for your damages, the court will take out 35 percent, meaning that you would ultimately receive $6,500.
The breakdown of how comparative fault law affects Nashville car accidents
Here is a more in-depth look at how the comparative fault law affects Nashville car accidents.
Determining liability
After you file a car accident claim, the insurance company or court will look at all the facts, details, and evidence to determine liability. This means they will look at all photos, videos, medical records, police accident reports, witness statements, and any other information provided to determine who is at fault for the accident.
Determining percentages of fault
If it is determined that more than one party is liable, the insurance company or court will give out percentages of fault to each liable party. This means that one party may be considered 30 percent at fault, another party 30 percent at fault, and a third party may be 40 percent at fault. These percentages represent the level of responsibility that each party contributed to the accident, which is based on their mistakes or errors. For example, driving under the influence will likely be given a much higher percentage than following too closely or failing to check blind spots.
Calculating losses
After each party is given a percentage of fault, the insurance company or court will calculate losses. Losses are the negative effects of an accident, such as medical bills, lost wages, property damage, pain and suffering, and more. To successfully do this, the insurance company or court will look at these negative effects and determine how much compensation each party should be given.
Ensuring that each party’s percentage is taken out
Once the compensation amount is calculated based on each party’s losses, they become responsible for ensuring that each party’s level of fault reduces this compensation. For example, if a driver is 30 percent at fault for the crash, their compensation should be reduced by 30 percent.
Following the 50 percent rule
As mentioned, Tennessee follows a modified comparative negligence system. This modified comparative negligence system has a 50-percent rule. Therefore, if an individual is found to be 50 percent at fault or more, they cannot file a claim or seek compensation for their damages. Even though it is very important to remember this, you should never assume you do not have a case. Take the time to speak with an attorney and learn whether you could have a claim for compensation, even if you were partly at fault.
Why is legal representation strongly recommended for these types of cases?
Legal representation is strongly recommended for car accident cases involving two or more at-fault parties. These types of cases usually become very complex and challenging. If you cannot prove that you are 49 percent or less at fault, the insurance company or judge will deny or dismiss your case. It is crucial to hire a car accident lawyer who can help you gather strong and convincing evidence to show your accurate level of fault in the accident. They can also help you in many other ways, including:
- Investigating your accident
- Determining liability
- Determining the level of fault among each party
- Calculating your losses
- Informing you of your rights
- Identifying your legal options
- Communicating with insurance companies and attorneys
- Negotiating with insurance companies and attorneys
- Building a strong case
- Providing legal advice
- Preparing to go to trial if necessary
How long do I have to file a claim for an accident for which I am partly at fault?
According to TN Code § 28-3-104, you have one year from the accident date to file a car accident claim, even if you are partly at fault. You must follow this one-year rule if you are seeking compensation for your injuries.
If you or a loved one has recently been involved in a car accident, please do not hesitate to contact the Nashville car accident attorneys at Rocky McElhaney Law Firm as soon as possible. Obtaining compensation for an accident you played a role in is a lot more difficult than obtaining compensation for an accident you had no part in. However, with an experienced and skilled attorney by your side, it is not impossible. If you are ready to learn more about your legal options and how we can help you, call our office or submit our contact form today. We offer no-cost consultations at our Nashville, East Nashville, Hendersonville, Clarksville, and Murfreesboro offices.