Accidents happen all the time. If you have suffered damages in an auto crash due to someone else’s negligence, you may be eligible for a personal injury claim. However, you must establish fault before when filing a claim.
Sometimes, proving fault can be really easy. A drunk driver, for instance, is clearly negligent and thus at fault if they hit another driver’s car causing injury and property damage. In such an instance, common sense makes proving fault quite easy.
However, understanding Tennessee car accident laws can greatly help your case, making the settlement process much easier. Here is what you need to know about proving fault in a Tennessee auto accident case.
Tennessee comparative negligence law
In determining fault following an auto accident, Tennessee applies a standard known as “comparative negligence.” This means that each driver will be apportioned a certain share of blame based on their contribution to the accident. For instance, if you are driving on the wrong way in on a one-way street and hit another driver who was using their cellphone while driving, the court might decide that you were 90% at fault and the other driver 10% at fault for having been distracted while driving.
Under Tennessee’s comparative negligence law, any driver who is found to have contributed 50% or more to the accident is unable to recover any damages in a lawsuit. Thus, if both drivers are determined to be 50-50 at fault, neither would be able to get any compensation for their damages.
Proving fault on your own following a car accident in Tennessee can be difficult. This is especially true if you are still in the process of treating your injuries. If you have sustained an injury as a result of another driver’s negligence, it is in your best interest that you seek professional help so you can get the compensation that you deserve for your damages.