After an accident, many people assume they cannot recover compensation if they were even partly responsible for what happened. Fortunately, that’s not how the law works in Tennessee.
Whether you’ve been injured in a car crash, a slip-and-fall, or another type of accident, it’s important to understand how comparative fault works. An experienced Nashville attorney can help determine whether you still have a valid claim and what steps to take next, as we explore here…
What Is Comparative Fault?
Comparative fault is the legal rule Tennessee uses to determine whether an injured person can recover compensation when more than one party shares responsibility for an accident. Rather than placing all the blame on one person, comparative fault allows fault to be divided between everyone involved. Each person is assigned a percentage of responsibility based on the facts of the case.
For example, one driver might be found 80% responsible for causing a collision, while the other driver is considered 20% responsible. The available compensation is then adjusted by that percentage. This approach recognizes that accidents are not always completely one-sided.
Tennessee’s 50% Rule
Tennessee follows what’s known as a modified comparative fault system.
Under this rule, you can generally recover compensation as long as you are found to be less than 50% responsible for the accident. If you are 49% at fault, you may still recover damages, although your compensation will typically be reduced by your percentage of responsibility.
However, if you are found to be 50% or more at fault, you will generally not be able to recover compensation from the other party. Because of this rule, determining fault can significantly affect the outcome of a personal injury claim.
How Compensation Is Reduced
Comparative fault doesn’t automatically prevent you from receiving compensation – it simply affects the amount you may recover.
Imagine your damages total $100,000 after an accident. If you’re found to be 10% responsible, your compensation would typically be reduced by that same percentage, leaving you eligible to recover $90,000. If you’re found to be 30% responsible, you could recover up to $70,000. The higher your percentage of fault, the lower your potential recovery becomes. That’s why accurately establishing what happened is so important.
What Can Affect Fault After an Accident?
Insurance companies and attorneys consider many pieces of evidence when determining fault. Some of the factors that may be considered include:
- Police reports.
- Witness statements.
- Photographs and video footage.
- Vehicle damage.
- Medical records.
- Traffic laws.
- Expert opinions when appropriate.
Insurance companies may also try to argue that an injured person bears more responsibility than they actually do. Since reducing your percentage of fault can directly affect how much they pay, liability often becomes a major point of disagreement.
Having someone who understands the claims process can help ensure the evidence is presented clearly and fairly.
Don’t Assume You’re Automatically at Fault
Many accident victims apologize at the scene or believe they caused the accident simply because they made one mistake. In reality, fault is rarely that straightforward. Perhaps another driver was speeding. Maybe a property owner ignored a dangerous condition. Even if you believe you could have done something differently, another party may still bear the majority of responsibility. It’s also important to remember that the full picture often doesn’t emerge until evidence has been reviewed and witnesses have been interviewed. Making assumptions too early could lead you to give up rights you may still have under Tennessee law.
Why Legal Guidance Can Make a Difference
Comparative fault cases often involve disagreements over exactly how much responsibility each party should carry.
A small difference in the fault percentage can have a substantial effect on the available compensation. In some cases, moving from 50% fault to 49% fault could mean the difference between recovering damages and recovering nothing at all. An attorney can investigate the accident, gather evidence, communicate with insurance companies, and advocate for an accurate assessment of responsibility.
Having experienced legal guidance allows you to focus on your recovery while someone else works to protect your interests.
Contact Reasonover Law After a Tennessee Accident
If you’ve been injured in an accident, don’t assume being partially at fault means you have no options. Every case is unique, and understanding how Tennessee’s comparative fault rules apply to your situation can make a significant difference.
Here at Reasonover Law, we are committed to helping injured Tennesseans understand their rights, evaluate their claims, and pursue the compensation they may be entitled to recover. If you have questions after an accident, contact us today to schedule a consultation and learn how we can help you move forward with confidence.