Can I Recover Compensation If I’m Partly at Fault in a Tennessee Car Accident?

Following a car accident in Nashville, people often ask us: “Can I still sue if I was partly at fault?” The answer may be “yes,” but it depends on your share of fault. It is best to consult a lawyer if you are involved in a Tennessee partial fault accident.

The Nashville car accident lawyers at Bernheim Kelley are committed to protecting your rights and pursuing Real Justice in your case. One of the most important steps is conducting a full investigation of the crash to determine who was at fault. During your FREE consultation, our attorneys can discuss the potential effects of partial fault on your right to compensation.

Don’t accept the insurance company’s word for it when it comes to a Tennessee partial fault accident. Call Bernheim Kelley Injury Lawyers at 615-813-1111 today for Real Advocacy. Our accident attorneys serve clients in Nashville and throughout Tennessee.

What Is a Partial Fault Car Accident?

A partial fault accident is a motor vehicle crash in which more than one party is responsible. It could be as simple as a two-car collision where both drivers were partly at fault, or as complicated as a truck accident claim where the negligence of multiple parties was a factor.

Partial fault accidents can be deceptively complicated. In your mind, the other driver may have been 100% to blame, but the driver and/or the insurance company might say something totally different. Fortunately, Tennessee law provides a path for people who are partly at fault to recover some compensation for their injuries.

How Is Fault Determined in Tennessee Car Accidents?

Tennessee follows a modified comparative fault rule in personal injury matters. Here is how it works:

• If you are less than 50% at fault, you can still recover compensation.
• The amount of compensation is reduced according to your percentage of fault.
• You are barred from recovering compensation if you are 50% or more at fault for the accident. This is known as the 50% rule.

An Example of the 50% Rule

You’re driving down Broadway on your way to work. A driver unexpectedly turns left in front of you as you enter the intersection at 10th Avenue, resulting in a crash.

Obviously, the turning driver had a duty to yield. They are found to be primarily responsible for the accident. However, it was also discovered that you were driving slightly faster than the speed limit.

Here is how Tennessee’s 50% rule would likely be applied in a case like this:

• 90% of the fault is attributed to the driver turning left. They would be barred from making a claim.
• 10% of the fault is attributed to you. You can still make a claim, but recoverable damages are diminished by 10%.
• If you sustained $100,000 in damages from the accident, you can recover up to $90,000 in compensation.

This example illustrates how crucial accurate fault determinations are in Tennessee partial fault accident claims. It also shows the importance of hiring a lawyer who is well-versed in McIntyre v. Balentine (the court case that established Tennessee’s modified comparative negligence standard) and subsequent case law.

Who Determines the Fault in a Car Accident in Tennessee?

Multiple parties may be involved in determining fault for a car accident. These include:

• The Police: Law enforcement will investigate the crash and make a preliminary determination as to who was at fault. If traffic laws were violated, the police may issue citations or even arrest one or more of the parties.
• Insurance Companies: The insurer for each party will conduct its own investigation to determine liability for damages. Insurance companies are businesses, so they want to get away with paying as little as possible.
• Car Accident Lawyers: One or more parties may retain an attorney to represent them. The attorney’s goal is to establish fault and pursue any compensation their client is due.

Questions of fault aren’t always black-and-white, and no one person or entity is the ultimate “decider” when it comes to fault in an auto accident. If you have been injured in a car accident where partial fault was a factor, it is in your best interest to have an experienced lawyer representing you.

What if the Insurance Company Says I’m At Fault?

Clients often come to us frustrated that the other driver’s insurance company has denied them compensation. The reason? According to the insurance company, you were at fault for the accident.

The good news is that this isn’t the final word on the matter. Insurance companies often try to deny or underpay accident claims because it protects their bottom line. Even if there is compelling evidence that their client caused the crash, the insurer is likely to put up a fight.

Experienced car accident lawyers expect this from the insurance company. One of the major benefits of having legal representation is that your attorney can gather evidence on your behalf and fight to show that the other driver was at fault.

What Evidence Do I Need To Prove Fault?

Strong evidence is the key to a successful car accident case. Evidence that can help to establish fault on the part of another driver (and any additional defendants) includes:

• Police crash reports
• Video footage from dashcams & intersection cameras
• Eyewitness testimony
• Medical records establishing how the accident led to your injuries
• Expert accident reconstruction

At Bernheim Kelley Injury Lawyers, our team immediately investigates the accident so we can build the strongest case possible. We understand the challenges involved in a Tennessee partial fault car accident. Timely action can help ensure that your percentage of fault is minimized and your recovery is maximized.

What Damages Can I Recover if I Was Partly At Fault?

The types of damages that may be available to you do not change if you are found to be partly at fault. You would just be entitled to less compensation for losses such as:

• Medical expenses
• Lost wages
• Damage to your vehicle
• Pain & suffering
• Loss of enjoyment of life

If the other driver’s insurance doesn’t cover all of your losses, we can pursue additional compensation through your underinsured motorist (UIM) coverage. The available compensation will be reduced according to the percentage of fault you share, but UIM insurance can provide much-needed support if your damages exceed the driver’s insurance coverage limits.

Frequently Asked Questions About Partial Fault Accidents in Tennessee

Get Help with a Partial Fault Car Accident in Tennessee

Being in a car accident is distressing. It’s even worse if you are seriously injured. Allegations of fault can make matters complicated, leaving you unsure how to proceed.

Have you been in a Tennessee partial fault accident? Bernheim Kelley Injury Lawyers can pursue maximum compensation on your behalf. You may be entitled to more than the insurance company is willing to offer, and our attorneys are prepared to fight for the settlement or trial award you deserve.

Contact Bernheim Kelley Injury Lawyers today for a FREE consultation. We seek Real Justice for accident victims in Nashville and throughout Tennessee.