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Liability in a Tennessee Car Accident

Posted on August 3, 2022 in

Car accidents in Tennessee have become more prevalent in the last few years. According to the state government, there were more than 785 deaths in 2021, which was an increase of 20% from 2020. The stats also show that the number of deaths from car accidents in 2022 is 748.

Most collisions occur when the driver is driving on the wrong side of the road. DUI (driving under the influence) is a common factor that leads to a Tennessee car accident. You can receive compensation for your damages if you are involved in such accidents and sustain injuries.

However, it is better to understand the liability factor of the Tennessee car accident. It will give you a better idea about the compensation you can receive for your accident.

No-Fault State and At-Fault State

First, you need to understand that states handle liability differently for car accidents. Few states have a no-fault policy, which means that your automotive insurance provider will provide coverage for your injuries and damages.

On the other hand, other states with an at-fault policy make the driver responsible for paying the damages. Tennessee is an at-fault state, which means that the responsible person or their insurance provider will cover the victim’s medical bills, lost wages, or any other losses incurred due to the accident.

The laws are easy to understand if one person is responsible for the accident. However, it can be challenging to calculate the compensation if both parties share responsibility.

Determining Liability in a Tennessee Car Accident

Since Tennessee is an at-fault state, it follows the modified comparative negligence system. According to this system, a party can receive partial damages from the other person if they have a liability of 50%. However, there are other conditions that you need to consider:

  • The claimant won’t receive compensation for their injuries and damages if they have a liability of 51% or more in the collision.
  • The court will determine the settlement amount using the fault percentage. For instance, the awarded settlement is $20,000, but the claimant was 40% at fault for the accident. Therefore, the settlement amount that the claimant will receive will reduce by 40%. The final amount that the claimant will receive is $12,000.

This system allows you to get compensation for your damages and injuries even if you were at fault for the accident. However, you need to make sure ensure that you share less than 50% of the blame for the accident to be eligible for compensation.

The percentage will be a critical factor in deciding the final settlement you receive. So, you need to collect all the relevant evidence, such as witnesses, police reports, and other documentation, to prove that your involvement in the accident was less than 50%.

Common Reasons for Car Accidents

There can be many reasons for car accidents. Sometimes the driver is quite tired and doesn’t get enough sleep. As a result, they lose control of their vehicle, which leads to an accident. Natural factors, such as bad weather, can also contribute to the collision.

Fog, thunderstorms, and other extreme weather conditions can affect the driver’s visibility. Additionally, other distractions, such as using a mobile phone, talking to passengers, etc., can also lead to an accident.

Contact a Personal Injury Law Firm

Taking the services of a personal injury law firm can help you to get the compensation you deserve for your accident. They can take care of all the legal matters for you while you can focus on getting treatment for your injuries.