Figuring out who is responsible for a Nashville, TN car accident is often one of the most important parts of any personal injury claim. Liability determines whether you can recover compensation for your medical expenses, lost wages, pain and suffering, in addition to other economic and non-economic damages.
While some crashes have an obvious cause, many require a closer look at the law and the available evidence. Here is a clear overview of how liability works under Tennessee law and what you should expect as you move forward with a claim.
How Does Liability Work in Tennessee Car Accident Cases?
Tennessee is an at-fault state for car insurance. This means the person responsible for causing the crash is generally also responsible for paying for the resulting damages. Liability can be based on negligence, which involves showing that another driver acted carelessly or failed to follow the rules of the road.
Common examples of negligence include:
- Distracted driving
- Speeding
- Following too closely
- Failing to yield
- Driving under the influence
- Running through a traffic light
There are four legal elements required to establish negligence: duty of care, breach of duty, causation (both factual and proximate), and damages. Each must be proven “by a preponderance of the evidence,” which is roughly a 51% or greater likelihood.
Tennessee’s Modified Comparative Fault Rule
Liability in Tennessee does not always fall on just one person. In many cases, both drivers may share responsibility. Tennessee uses a “modified comparative fault” statute to sort this out.
Under this legal rule, you can recover compensation only if you are less than 50% at fault. From there, your damages can be reduced based on your assigned percentage of liability.
For example, if you are found 10% responsible for the crash, your damages will be reduced by 10%. If you are found 50% or more at fault, you cannot recover anything from the opposing party per state law.
This system gives insurance companies an incentive to push blame onto the victim, as these corporations want to protect their profits above all else at the end of the day.
Who Could Be at Fault for a Car Accident in Tennessee
Not all accidents are caused by another driver. Sometimes another party may be fully or partially responsible. Depending on the circumstances, liability for a car accident case could also fall on:
- A vehicle manufacturer (for defective parts and machinery)
- A trucking company (for negligent hiring)
- A government entity (for unsafe road design or a lack of signage)
- A bar or restaurant (under Tennessee dram shop laws for overserving alcohol)
Identifying every liable party is essential to ensuring you demand all of the compensation that you’re entitled to under the law. Multiple insurance policies may be available to cover your losses as well, possibly making your claim even more robust.
Get Legal Help Determining Liability After a Tennessee Car Accident
Determining liability in a Tennessee car accident is not always straightforward. Between comparative fault rules, insurance tactics, and the need for evidence, having the right legal guidance can make a meaningful difference.
If you were hurt in a crash, consider speaking with an experienced car accident lawyer at Woodard Injury Law. We have a 99% success rate and have recovered millions for our clients, so set up a free consultation today at (615) 216-5757.