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Fault after a car accident is not always all or nothing. One driver may have caused the collision while the other was speeding. A driver who had the right of way may have been distracted. Two people may each have made mistakes that contributed to the same crash.
In Tennessee, being partially responsible does not necessarily prevent you from recovering compensation. The state uses a system known as modified comparative fault, which considers how much responsibility each party bears for the accident.
Understanding Tennessee modified comparative fault in a car accident becomes especially important when an insurance company argues that you contributed to your own injuries.
Tennessee Uses a 50% Fault Threshold
Tennessee follows what is commonly called the 50% bar rule. To recover damages, an injured person generally must be less than 50% at fault.
If you are assigned 50% or more of the responsibility, you generally cannot recover damages from the other party. If your share of fault is 49% or less, you may still recover compensation, but the amount is reduced according to your percentage of responsibility.
For example, suppose your damages total $100,000, and you are found 20% responsible for the collision. Your potential recovery would be reduced by 20%, leaving $80,000.
That makes percentages matter considerably.
Why an Insurance Company May Try to Put Some Fault on You
An insurer doesn’t have to prove its driver was completely innocent to reduce what it may have to pay.
Instead, an adjuster might argue that you were driving too fast, following too closely, distracted, or could have taken action to avoid the collision. Even if the other driver was primarily responsible, assigning you some fault could reduce your claim’s value.
This is why comparative negligence in TN can become a significant issue during settlement negotiations.
A seemingly small shift in the percentage of fault can translate into thousands of dollars when substantial damages are involved.
Who Decides the Percentage of Fault?
An insurance adjuster’s opinion about fault is not automatically the final word.
Determining responsibility can involve reviewing police reports, photographs, video footage, witness statements, vehicle damage, electronic data, and the physical circumstances surrounding the crash. If a lawsuit proceeds to trial, the court can ultimately allocate fault.
Evidence becomes particularly important when drivers provide conflicting accounts of what happened.
Do Not Assume Partial Fault Means You Have No Case
After an accident, people sometimes blame themselves for one detail and conclude that they cannot pursue compensation.
The legal analysis may be more complicated.
You may have been doing something that contributed to the collision without being primarily responsible for causing it. Likewise, an insurance company may characterize your actions differently than the available evidence ultimately supports.
Before accepting an insurer’s assessment of fault or a settlement based on that assessment, understand how Tennessee’s comparative fault rules apply to your crash.
When Every Percentage Point Can Affect Your Recovery
The Gold Law Firm has represented injured Tennesseans for more than 25 years, handling more than 5,000 cases and recovering over $25 million for clients. The firm’s attorneys investigate disputed-fault accidents and work to establish how a collision occurred rather than simply accepting an insurance company’s version of events.
If you were injured in a Memphis car accident and are being told you were partially responsible, call or text The Gold Law Firm at (901) 244-5003 or contact us online for a free consultation. Understanding how fault is allocated could make a significant difference in your claim.
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