By Adam W. Pittman on September 14, 2022
In Tennessee, fault is determined by weighing each party’s role in a car accident and assigning a percentage to it. Drivers who are more than 50% responsible for the accident cannot recover damages. If both parties are 50% at fault, they, too, cannot recover damages. If you have recently been in a car accident, our Tennessee car accident attorney can review the collision and determine who is at fault and, therefore, liable for your damages.
In a comparative fault state such as Tennessee, you don’t want to face a defendant whose attorneys blame you for the collision. An injury attorney fighting on your behalf can protect your rights. You can try a law firm that leads personal injury and car accident cases. Client reviews and case results can help you determine if the attorney or law firm you choose is a good fit.
What Is the Comparative Negligence Law in Tennessee?
Comparative negligence is a legal principle that compares each party’s liability for damages after an injury occurs. If you are in an accident in Tennessee, the fault each party bears for it is determined first. A judge or jury determines a percentage of fault per driver. You can collect financial awards if you are less than 50% at fault.
You must be insured to be on the roads in Tennessee. Tennessee Code Ann. § 55-12-107 states minimum insurance coverage is required. Another state law, Tennessee Code Ann. § 56-7-1201, also covers requirements for auto insurance but defines limitations on liability. One crucial topic included in both statutes is uninsured/underinsured coverage. This additional coverage can be essential for accident victims to get the compensation needed.
Many states have comparative fault laws that are based on the idea that it takes two to have an accident. Determining fault in a collision is key to being able to collect damages. Tennessee requires minimum insurance coverage to be on the roads. Information about the accident is used to determine which driver’s insurance would cover the damages.
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Proving Fault: Who Caused the Car Accident in Tennessee?
When you need to collect compensation for damages caused by an auto collision in Tennessee, you must first prove who caused it. In any state, determining how an accident happened and who was at fault is done.
There are a few methods authorities use to determine fault. In many cases, a combination of these methods is used to prove in court how the accident occurred.
The cause of the accident could be very straightforward. It could fall under common sense. If your car was parked and another driver backed into it, it is logical to conclude that the driver who hit your vehicle is responsible for your damages.
Police reports can help determine who is responsible for an accident. Police investigators can recreate accident scenes and explain how an accident occurred. Your attorney will be able to glean a great deal of information from such a report.
The report could show that one driver made a specific mistake that caused the collision. It could be a traffic violation or some other action the police determine initiated the accident.
Rules of the Road
Traffic regulations keep us all safe on the roads. When presenting your case in court, your attorney might show that the police report indicates that the driver violated traffic laws. Perhaps the driver of the other vehicle ran a red light or was speeding. These violations of the law put fault clearly on the driver.
The collision may involve a no-doubt situation. Perhaps you were sitting at a light, and another vehicle rear-ended you. There is no doubt who caused the accident. Other actions like driving while intoxicated could also pose no question as to who was at fault matter.
Police reports and investigators can do scene recreations to determine how an accident occurred, but it isn’t the only option. A law firm also hires crash investigators. Your attorney can also have an accident reconstructionist recreate the accident scene and demonstrate to the insurers and the court the initial cause.
Proving fault can be essential to a smooth process in collecting damages for your claim. Your car accident lawyer understands this and will work hard to determine the cause and use that data when negotiating your settlement.
Call Us Today for Help With Determining Fault in a Tennessee Car Accident
If you need assistance proving who was at fault in your recent collision, call Cory Watson Attorneys. Our legal staff has the knowledge to investigate, interview eyewitnesses, recreate your accident scene, and prove who caused the crash.
Collecting your settlement matters when you are recovering from injuries and property damage. Our legal team offers a complimentary consultation to review your claim and answer your questions. Don’t delay, as there could be time limits to filing your case. Call us today to get started.