Tennessee is an “at fault” state. This means that, in car accidents, the person who caused the accident is responsible for covering the damages and injuries that result from it. Conversely, in “no-fault” states, each driver’s insurance pays for their own losses, no matter who caused the accident. These states usually require personal injury protection (PIP) insurance and often restrict lawsuits against at-fault drivers.
In Tennessee’s at-fault system, injured parties can seek compensation directly from the at-fault driver or their insurance company. This allows for claims covering a wider range of damages, including pain and suffering. However, this also means that you’ll need to prove the other driver was responsible in order to recover damages.
How is fault determined?
When it comes to car accidents, insurance companies and courts assess various factors such as:
- Police reports
- Witness statements
- Physical evidence from the accident scene
- Traffic laws that either party may have violated
It’s important to note that determining fault isn’t always straightforward. In some cases, both drivers may share some degree of responsibility.
Comparative negligence and the “49% rule”
Comparative negligence means that if you’re partially at fault for an accident, insurance companies or the court can reduce your compensation based on your level of fault. For example, if they find you to be 20% at fault for an accident, they may reduce any damages you should receive by 20%.
However, some states, like Tennessee, follow a modified version of this system. This means that you can only recover damages if your fault doesn’t exceed a certain percentage. Tennessee follows what’s known as the “49 percent rule,” which states that you can only receive compensation for your injuries if you are less than 50% at fault for the accident. If your fault goes beyond that limit, you may not receive any compensation at all.
You have the right to fair compensation
The at-fault system in Tennessee puts the burden of proof on the injured party. If you’ve been in an accident, it may be beneficial to speak with an attorney. They can guide you through the process of seeking appropriate compensation.