How Comparative Fault Works in Tennessee Injury Cases

Tennessee’s modified comparative negligence rules can impact the amount of compensation available after an accident injury. This is particularly true if you are found to share some of the blame. To learn more about how comparative fault works and its implications for your specific case, have a conversation with a Nashville personal injury lawyer.

What Is Comparative Fault?

A modified comparative negligence system is outlined in Tennessee legal code. Essentially, this law means that the fault assigned affects the levels of compensation distributed in personal injury cases.

Basically, under Tennessee law, you can recover compensation as long as you are less than 50% at fault for the accident. If your case is reviewed and you are found to be 50% or more at fault, you will not be able to receive compensation. For individuals who are partially at fault but their responsibility is less than 50%, the compensation available will be reduced to be in line with their percentage of fault. For example, if you are awarded $10,000 in damages but found to be 20% at fault, you would receive $8,000.

Comparative fault can come into play in various types of personal injury cases. Common scenarios include:

• Car collisions. If both drivers contributed to a wreck, such as one driver speeding and the other running a red light, comparative fault determines how liability is divided.
• Slip and fall cases. When a property owner fails to address a hazard, but the injured person wasn’t paying attention to where they were walking, the injured party may share some responsibility.
• Pedestrian harm. A pedestrian may be partially at fault if they were jaywalking or crossing against a traffic signal when struck by a vehicle.
• Workplace injuries. An employee hurt on the job might face comparative fault arguments if they failed to follow safety protocols.
• Motorcycle accidents. Should a motorcyclist not be wearing a helmet during a collision they may face reduced compensation for head injuries due to comparative fault.

The goal of the comparative fault system is to allocate responsibility fairly among all parties. That said, an insurance company may use these rules to minimize payouts, arguing that you share a greater portion of the blame.

Why Is an Investigation Necessary?

As soon as you connect with a knowledgeable Nashville personal injury lawyer, they can begin the process of thoroughly investigating your case. They do this by collecting evidence to establish the other party’s negligence and minimize your share of fault.

Next, seasoned injury attorneys are experienced in negotiating aggressively, so they know how to counter unfair accusations from insurance adjusters and fight for the compensation you deserve. Using expert testimony, accident reconstruction, and other strategies, legal experts are available to advocate for a favorable outcome.

Has the possibility of you being partially at fault prevented you from moving forward with your claim? Having the experienced lawyers at Calhoun Law, PLC advocating for you can make all the difference. Attorneys are available to protect your rights, ensuring you get the justice and support you deserve. Reach out today for a confidential consultation.