How Comparative Fault Affects Your Tennessee Injury Claim
After an accident, determining who was at fault can feel overwhelming. For this reason, Tennessee follows a modified comparative negligence rule. This means you can still recover damages even if you share some responsibility for the accident — but only if your fault is less than 50%. Cross that threshold, and you lose your right to compensation entirely.
The 50% rule is strict. If a jury determines you were 50% or more at fault, you walk away with nothing. That’s why accurate fault determination matters so much in these cases, so make sure to talk to the TN car accident attorneys at Bill Easterly & Associates for help.
How Fault Is Determined
Courts examine the actions of everyone involved leading up to the accident. Did you follow traffic laws? Were you distracted? Did you take reasonable precautions to avoid harm?
Evidence plays a critical role. Police reports, witness statements, photographs, and expert testimony all help establish what happened and who bears responsibility. Insurance adjusters and opposing attorneys will scrutinize every detail to shift blame in their favor.
Calculating Reduced Damages
When you’re found partially at fault, your compensation gets reduced by your percentage of responsibility. Here’s how it works:
- Suppose your total damages amount to $10,000. This includes medical bills, lost wages, pain and suffering, and other losses.
- If the court determines you were 35% at fault, your recovery drops by 35%.
- You would receive $6,500 instead of the full amount.
The higher your fault percentage, the less you recover. At 49%, you’d still receive 51% of your damages. At 50%, you receive nothing.
Real-World Examples
- Car Accident: You’re driving through an intersection when another driver runs a red light and hits you. However, evidence shows you were slightly exceeding the speed limit. The jury finds you 20% at fault. Your $50,000 in damages gets reduced to $40,000.
- Slip and Fall: You trip on a broken sidewalk outside a business. The property owner failed to repair the hazard, but you were texting and not watching where you walked. If you’re assigned 40% fault, your $15,000 claim becomes $9,000.
- Dog Bite: A dog attacks you while you’re walking past someone’s home. The owner let the dog roam unleashed, but you ignored “Beware of Dog” signs and entered the property without permission. Your degree of fault directly impacts your final compensation.
Why Legal Representation Matters
Insurance companies know how comparative fault works, and they use it to their advantage. They’ll investigate every angle to increase your fault percentage or push it over 50% to deny your claim entirely.
Their goal is simple: pay you as little as possible or nothing at all. They count on accident victims being financially vulnerable and willing to accept quick, lowball settlements. Once you sign their agreement, you give up your legal rights and may receive far less than you deserve.
Why Bill Easterly & Associates
You shouldn’t bear the financial burden of someone else’s negligence. At Bill Easterly & Associates, we build strong cases that protect your rights and pursue maximum compensation. We never take a one-size-fits-all approach. Instead, we get to know you personally, understand the facts of your case, and develop a tailored legal strategy designed for your specific situation.
We treat every client with compassion, dignity, and respect. You deserve undivided attention from a legal team that fights aggressively on your behalf. We believe no one is more important than you, and we’re committed to service that goes above and beyond your expectations.
Get the Compensation You Deserve
Comparative fault rules can complicate personal injury cases, but they don’t have to prevent you from recovering fair compensation. The right legal team makes all the difference. Contact Bill Easterly & Associates today for a free consultation. Let us review your case, explain your options, and fight to get you every dollar you’re entitled to. Don’t let insurance companies take advantage of you. Call us now.