Tennessee’s 49% Rule: Can I Still Get Money if I’m Partly At Fault in a Car Wreck?

Partly at fault in a Tennessee car accident and wondering if you can still get compensation for your injuries? You’ve come to the right place!

Dealing with the aftermath of a car accident is hard enough without worrying if you were somewhat at fault for it. Many people think that being partly responsible for a crash means that they won’t be able to recover damages. But Tennessee law is fairer than that.

Here, we’re going to take a close look at Tennessee’s modified comparative negligence law. We’ll discuss what you need to know if you suspect or are told that you were partly at fault for a car accident, how fault is determined, and how an attorney can help.

If you were in an accident, reach out to speak with a Nashville car accident attorney at Bernheim Kelley Injury Lawyers. We Keep It Real with our clients, explaining exactly where you stand and what options you may have. Call today at 615-813-1111.

What Is Modified Comparative Negligence in Tennessee?

Tennessee uses a legal system called modified comparative negligence. This system is a shift from the old days of “contributory negligence,” where being even 1% at fault could prevent you from getting any compensation. 

Under this system, the law compares the fault of everyone involved to determine who is responsible for damages. That could include the drivers and, in some situations, a third party, such as a rideshare or delivery company, if the driver was on the job at the time of the crash.

The “modified” part of the rule acts as a threshold or limit. You can seek compensation for your injuries and losses if your fault in the crash is below a certain percentage. However, if you’re found to be responsible for more than that, you will be disqualified from recovering anything at all.

This system is in place to fairly distribute responsibility based on each person’s actions. Rather than placing the entire financial burden on just one person, if multiple people made mistakes, then multiple people need to pay their share.

What Is the 49% Rule?

Based on the Tennessee Supreme Court’s landmark decision in McIntyre v. Balentine, you can recover compensation for your injuries as long as your fault is less than 50%.

So, if a jury decides you were 49% at fault, you can still collect a check. However, if that number jumps to 50% or more, you’ll be barred from recovering any compensation at all.

Because of this strict cutoff, insurance companies will often try to pin that extra 1% of blame on you just to avoid paying your claim. This is why it’s so important to have all the facts and to push back if you think you’re being unfairly blamed for a wreck you didn’t cause.

How Does Comparative Negligence Affect My Compensation?

The amount of money you ultimately recover depends on how much you are found to be at fault. Your total damages are calculated first. This includes things like medical bills, lost wages, and pain and suffering. Then, your percentage of fault is subtracted from that total.

For example, if a jury decides your total losses are worth $100,000, but they find you were 20% responsible for the crash:

• Total Damages: $100,000
• Minus 20% Fault: -$20,000
• Final Recovery: $80,000

Because every percentage point equals real money out of your pocket, it’s vital to have make sure you’re not blamed unfairly. Sometimes, that means working with a Nashville car accident lawyer who can skillfully advocate for you. 

Who Determines the Percentage of Fault?

Multiple parties will have their own perspective on your percentage of fault, including:

• Insurance Adjusters: Early on in a claim, insurance adjusters use their own formulas to assign fault. Often, their goal is to shift more blame onto you to save their company some money.
• Your Legal Team: Legal teams use experts, such as accident reconstructionists, to challenge the insurance company’s version of events and make sure fault is assigned accurately.
• Jury or Judge: If your case goes to trial, a jury or a judge will listen to all the evidence and assign a specific percentage of fault to everyone involved in the wreck.

The biggest deciding factor is whether your claim is settled out of court or not. If you can reach a settlement agreement with the insurance company, that is usually the fastest and most predictable means of recovering compensation. However, if they refuse to act in good faith and insist you were more to blame than is true, your best option may be to take your case to trial.

How Fault Is Determined in a Car Wreck Case

The evidence used to establish who’s partly at fault in a Tennessee car accident is varied and comprehensive, depending on the facts of your case. It can include:

• A police report, which provides an initial assessment of the incident: The officer’s notes on weather conditions, road hazards, and any citations issued at the scene will give clues to fault.
• Witness statements from people who saw what happened: Neutral third parties often provide the most credible accounts of who had the right-of-way or whether a driver was looking at their phone or behaving negligently in some other way.
• Photographs and videos of the accident scene, vehicle damage, and injuries: Visual evidence like skid marks, impact damage, and the severity of your injuries tells a story that words alone can’t.
• Traffic camera footage provides an unbiased view: Footage from DOT cameras, nearby businesses, or dashcams can be very influential when determining what happened.

In some cases, there may not be a lot of evidence. It can be overwhelming to try to gather and sift through all that information. Help from accident reconstructionists and other specialists can be very valuable.

Contact Bernheim Kelley Injury Lawyers Today

Don’t assume that you don’t have a claim just because you were told you were partly at fault in a Tennessee car accident. You might have options for compensation, even if you were a bit to blame.

At Bernheim Kelley Injury Lawyers, we champion the rights of people who are fighting to get their lives back on track after a serious crash. Our Nashville-based team understands the nuances of Tennessee’s 49% rule inside and out, and we know how to fight back against insurance companies that try to blame the victim.

You deserve Real Advocates with Real Experience who will fight for the Real Justice you need to cover your medical bills and secure your future. Get in touch with our team of car accident attorneys in Nashville today to schedule your FREE, no-obligation consultation. We are ready to stand by your side.