Suffering serious injuries in a car accident is difficult enough. When the other driver shifts the blame onto you, it can add frustration during an already overwhelming time. In Tennessee, whether you can get compensation depends on who was at fault. If you are being blamed for the crash, even partially, it is important to understand how the state’s shared fault laws apply and how they could affect your financial recovery.
How Tennessee’s shared fault rule works
Tennessee uses a modified comparative negligence system. This means more than one person can be at fault for a crash, and the more fault you share, the less compensation you can get.
You can only get compensation if you are less than 50% at fault for the accident. If you meet that limit, you can file a claim, but the amount you receive will be reduced based on your share of the blame.
It might sound simple, but fault is often disputed. Insurance companies might overstate your role in the crash to reduce or deny your payout. That is why having the facts on your side and the right legal support can be key to protecting your claim.
What shared fault looks like in real life
Imagine you are driving through an intersection when another vehicle runs a red light and collides with your car. Later, surveillance footage shows that you were speeding at the time. Even though the other driver caused the crash, the insurance company might argue that your speed contributed to the severity of the accident.
If the court finds you 20% responsible and your total damages are $100,000, your award would be reduced to $80,000. But if you are found 50% or more at fault, you would receive nothing under Tennessee law.
In serious injury cases, these percentages are not just numbers; they directly impact your ability to pay medical bills, recover lost wages and rebuild your life.
What to do to avoid being blamed
The other party or their insurance might point fingers, but taking the right steps can protect both your case and your credibility. Here is what to do:
- Document the accident scene thoroughly, including vehicle damage, road signs and weather conditions
- Collect names and contact information from any eyewitnesses
- Avoid making statements that could be misinterpreted as admitting fault
- Get a copy of the police report and check it for mistakes or missing details
- Keep detailed records of all medical treatment, expenses and time missed from work
- Consult with a personal injury attorney before speaking with the insurance adjuster
Each of these actions helps preserve your side of the story and strengthens your position if the other driver tries to assign you more blame than you deserve.
Do not let misplaced blame stand in your way
Tennessee’s shared fault laws can be complicated, and if there is a dispute over who caused the crash, it could greatly affect your case. If you have suffered serious injuries and someone is accusing you of causing the accident, you should not have to shoulder that burden alone. A knowledgeable personal injury attorney can help you build a strong case, challenge unfair accusations and pursue the compensation you are entitled to under the law.
