Filing a lawsuit after a car accident is often the best way for you and your loved ones to recover the compensation you need to cover any accident-related injuries and damages. In some cases, the other driver is solely responsible for the accident and therefore will be the only one liable for your damages. Sometimes, however, both drivers are partially responsible for the collision. In such cases, the judge or jury on your case will allocate a percentage of fault to each of the parties involved in the car accident.
In Tennessee, you can still recover damages if you were partially responsible for the accident, but there is a catch. Under Tennessee’s Modified Comparative Negligence statute, the judge or jury will have to find you less than 50 percent at fault for your accident-related injuries or damages in order for you to recover any compensation at all. In other words, if the jury finds you 50 percent responsible for the crash, or more, you will not be entitled to compensation.
If you are less than 50 percent at fault but more than 0 percent at fault, your damages will be reduced by the percentage of fault allocated to you. For example, if you were entitled to $100,000 in damages for medical expenses, lost wages, and pain and suffering, but you were found to be 20 percent at fault for the crash for failing to signal, while the other driver was found 80 percent at fault, you will only recover $80,000 in damages.
Determining who is at fault for an accident can be challenging, especially if multiple parties acted negligently. An attorney in your area can help identify all at fault parties and help ensure that you receive the compensation you are entitled to.