If you were involved in a car accident in Nashville that was not entirely your fault, you may still be entitled to pursue compensation from the other driver. However, the amount you recover could be affected by whether you share any portion of the blame for the crash. Tennessee’s shared fault system creates a situation where even a small percentage of responsibility on your side can change the outcome of your case.
Learning about how this rule works is critical before you file a claim or begin negotiations with an insurance company. Read on to learn how contributory fault applies in Tennessee and why having an experienced attorney on your side is key in these situations.
How Does Tennessee’s Modified Comparative Fault System Work?
Tennessee follows what is known as a modified comparative fault standard, sometimes referred to as the 50% bar rule. The Tennessee Supreme Court adopted this standard in the landmark case of McIntyre v. Balentine, replacing the older contributory negligence system that had previously barred injured parties from recovering anything if they bore even a small share of fault.
Under the current rule, you can still recover compensation as long as your share of responsibility for the accident stays below 50%. Your total award is simply reduced by whatever percentage of fault is assigned to you. For example, if your case is worth $400,000 and a jury finds you were 25% responsible for the crash, your recovery would be reduced to $300,000.
The critical line is at 50%. If you are found to be equally at fault or more, Tennessee law bars you from recovering any compensation at all. That single percentage point between 49% and 50% can mean the difference between a significant payout and walking away with nothing.
How Do Insurance Companies Try To Shift the Blame?
Since there is so much is at stake around the 50% threshold, insurance adjusters have a financial motivation to inflate your share of fault. Some of the most common tactics they use include:
- Pointing to minor traffic violations like going a few miles over the speed limit at the time of the crash
- Arguing that you failed to take evasive action to avoid the collision
- Claiming that delayed medical treatment suggests your injuries were not caused by the accident
- Using your own statements from the scene against you, including casual apologies
- Digging through your medical history to blame your condition on something pre-existing
Each of these strategies is designed to push your fault percentage higher and reduce what the insurance company has to pay. In some cases, the goal is to push you past the 50% line entirely so that the insurer owes you nothing at all.
Reach Out to Woodard Injury Law if Fault Is Being Disputed in Your Car Accident Case
Contributory fault disputes are some of the most high-stakes battles in Tennessee car accident law. If the other side is trying to shift blame onto you, Woodard Injury Law has the experience and resources to fight back and protect your right to recover.
Call (615) 640-3648 for a free consultation to get started with your case and ask any questions you may have. We’re confident we can help you pursue the results you need and deserve.