Accidents are not always black and white. Often, both drivers involved in a car wreck drove carelessly, or a slip and fall victim failed to watch where they were going when they slipped on a puddle of water. Tennessee has adopted a modified comparative negligence rule that might apply to your personal injury case.
Dennis & Winningham is an established law firm that understands how the Tennessee negligence law can impact a client’s case. We use our experience to advocate for our clients by minimizing or denying that their own negligence contributed in any way to an accident. Contact our office to speak with a Chattanooga personal injury lawyer in a free consultation.
What is Comparative Fault?
A person is “at fault” for an accident when their wrongful conduct causes the accident. Often, the defendant acted negligently, which is the failure to use reasonable care. A driver who is looking at their phone is not driving as carefully as we expect an ordinary person to drive. For that reason, they are negligent if they crash into another motorist or pedestrian.
In any personal injury case, the victim (the plaintiff) and the defendant could both be negligent. To determine if the plaintiff can receive compensation, we must compare their negligence. That is comparative fault.
What is the Tennessee Comparative Fault Statute?
Our state’s comparative fault law is found in Tenn. Code § 29-29-102, which states that a defendant is barred from receiving damages if their share of comparative fault is equal to 50% or greater. Otherwise, the defendant must pay damages based on their share of fault. (Tenn. Code § 29-11-107.)
Tennessee’s Supreme Court actually laid down the basic principles of our comparative fault law in a case called McIntyre v. Balentine in 1992. Before this case, Tennessee had an all-or-nothing law. If the victim was even 1% at fault, they could not receive any compensation from the defendant.
Judges and legal scholars criticized that rule as unfair to injured victims who were only barely negligent themselves. Many states started adopting comparative fault systems in the 1960s and 1970s.
The Tennessee Supreme Court also realized the old law was unfair. So they adopted a rule where the plaintiff can obtain compensation if their negligence is “less than the defendant’s negligence.” In other words, you can seek compensation if you were up to 49% responsible for the accident but not more so.
Suppose two motorists are involved in a T-bone accident. One driver ran a red light because they were sending a text message while driving. The other motorist had pulled into the intersection too far.
Both are negligent, and each driver’s negligence contributed to the crash. It is up to a jury to decide how to allocate fault between them. If a driver is 50% or more at fault, they cannot receive any compensation. That is Tennessee’s rule.
Determining Comparative Fault
Who decides each party’s share of fault? If the case goes to trial, then a jury is instructed to allocate fault between the parties. The jury will hear evidence, including testimony, and decide each side’s share of fault.
Most personal injury cases settle without any need for a trial. That means that the insurance companies and lawyers involved will need to determine how to allocate fault. You can be sure an insurer will refuse to pay compensation if they believe a claimant was 50% or more responsible.
Hire an experienced lawyer. An experienced attorney will find as much evidence as possible to show the defendant is to blame for the accident. We also minimize our client’s share of fault to increase the size of any settlement.
Protect Your Rights
We recommend that anyone involved in an accident avoid saying anything that can be construed as an admission of fault:
- Avoid apologizing at the scene of an accident. Even innocent statements like “You surprised me!” can sound like you weren’t paying attention and were therefore negligent.
- Do not post about the accident on social media. You might say something that sounds like an admission of fault while on Facebook or Instagram.
- Refuse to give a recorded statement. Insurance companies will likely reach out to you and ask that you answer questions. You should decline until you hire a lawyer to represent you.
Some people accidentally say something that the defendant seizes on to argue you are partially (or even mostly) to blame for the accident. Many people misspeak when they are in pain or haven’t slept well. There is no reason to undermine your legal rights in this way.
Call a Personal Injury Lawyer for a Free Consultation
Dennis & Winningham has experience in most types of personal injury cases, from motor vehicle collisions to property accidents. Contact us to schedule a free consultation with a lawyer. We can go over the accident, including whether you were on the phone or speeding at the time of the crash. If hired, we’ll work overtime to push as much responsibility on the shoulders of the defendant, protecting your ability to seek compensation. We can assist anyone in the 37411 zip code or surrounding areas.
