Car accidents are caused for a variety of reasons and in many different situations.
In some cases fault is very clear and it is assigned to one party. But,
in other scenarios both drivers may be partially to blame.
What happens if you are in a car accident and you are partially at fault?
With the exception of rear-end collisions where fault is almost always
assigned to the driver in the rear, there can be a lot of finger pointing
in other types of accidents.
Even when a driver openly admits to being in the wrong, his or her insurance
company may try to argue otherwise.
In car accident claims across the country, when it becomes clear that more
than one person is responsible for the accident, fault-finding and legal
liability will be governed by the laws of either contributory or comparative
negligence, depending upon which system that particular state uses.
Comparative fault systems fall into three categories: pure contributory
negligence, pure comparative fault, and modified comparative fault. Only
a handful of states and the District of Columbia use the pure contributory
negligence system, which states that an injured party cannot recover any
damages if they are even 1% at fault.
50 Percent Rule
For our purposes, we will discuss the modified comparative fault system,
which Tennessee follows. Tennessee follows the 50 percent rule, which
means a party cannot recover damages if it is 50% or more at fault. If
the party is 49% or less at fault, it can recover; however, the recovery
will be reduced by the person's degree of fault.
In other words, for a plaintiff in Tennessee to recover damages, the plaintiff
must not be 50% or more at fault for the resulting injuries.
Even if you were partially to blame for a car accident, providing you weren't
more than 50% at fault, you still may be entitled to valuable compensation
for your damages. Fifty percent of something is a whole lot better than
not receiving a penny.
Injured in Morristown or Hamblen County?
If you were injured in an accident in Morristown or anywhere else in Hamblen
County, we urge you to contact an attorney from
The Bowlin Law Firm. With some of the most distinguished recognitions in the legal field, including
The National Trial Lawyers: Top 100 Trial Lawyers, and selection for inclusion in
Tennessee's Super Lawyers® Rising Stars℠, you can be confident in our ability to represent you!