(901)-244-5003 
If you’ve been hurt in a car crash in Memphis, you might assume the other driver’s insurance will cover your losses, especially if the other driver was at fault. However, in Tennessee, recovering full compensation is not always straightforward. That’s because Tennessee follows a modified comparative fault rule, which can reduce your settlement or even bar recovery, depending on how much fault you share for the accident.
At The Gold Law Firm, our Shelby County personal injury lawyers help car accident victims understand how fault laws impact their claims and fight to ensure that our clients aren’t unfairly blamed for crashes they didn’t cause.
What Is Comparative Fault in Tennessee?
Tennessee’s comparative fault rule allows more than one party to be held responsible for an accident. In other words, even if you were partially at fault for a crash, you can still recover damages if you were less than 50% at fault.
However, your settlement will be reduced by the percentage of fault assigned to you.
For example, if you are awarded $100,000 in damages, but are found to be 20% at fault for the accident, you would receive only $80,000 (a 20% reduction). But if you are 50% or more at fault, you are barred from recovering any compensation under Tennessee law.
Comparative fault often becomes an issue in:
- Rear-end collisions occur when the driver in front suddenly stops.
- Intersection crashes, where both drivers claim to have had the right of way.
- Left-turn accidents, where the turning driver and oncoming traffic dispute over who had the green light.
- Multi-vehicle pileups, where several parties share responsibility.
Even small percentages of blame can significantly affect your settlement, which is why it’s critical to have a lawyer who can counter unfair accusations.
How Is Fault Determined After a Tennessee Car Accident?
Insurance adjusters typically assign fault during the claims process or by a jury if the case goes to trial.
These determinations are based on:
- Police reports.
- Witness statements.
- Traffic camera or dashcam footage.
- Accident reconstruction analysis.
- Evidence of traffic violations, like speeding, texting, or running a red light.
Unfortunately, insurance companies may shift more blame onto you to reduce their payout. They may argue you were speeding, failed to signal, or were not paying full attention—even when the other driver was negligent.
Why Choose The Gold Law Firm
At The Gold Law Firm, we’ve helped countless crash victims across Memphis hold negligent drivers accountable—even when the insurance company tried to pin partial blame on them. We know how Tennessee’s comparative fault rule works, and we’ll build a strong case to minimize your share of fault and maximize your compensation.
If you’ve been injured in a Memphis car crash, don’t let unfair blame reduce your recovery. Call or text The Gold Law Firm at (901) 244-5003 or contact us online today for a free consultation, and let us fight for the settlement you deserve.