Tennessee follows a modified comparative fault rule in personal injury cases. This means that an injured person can recover damages even if they were partially at fault for the accident, as long as their fault is not 50% or more. However, the amount of damages they can recover will be reduced in proportion to their degree of fault.
Understanding Comparative Fault in Tennessee
Prior to 1992, Tennessee observed contributory negligence. Under this system, any degree of fault on the part of the injured person barred them from recovering any damages. However, the landmark Tennessee Supreme Court case McIntyre v. Balentine changed this, establishing the current modified comparative fault system.
The McIntyre case involved a collision between two drivers, both of whom had been drinking. The court ruled that the all-or-nothing approach of contributory negligence was unfair and adopted comparative fault instead. This shift allowed individuals who were partially responsible for their injuries to still seek compensation.
How Comparative Fault Affects Damage Awards
Under Tennessee’s modified comparative fault rule, if you are found to be 49% or less at fault for an accident, you can still recover damages. However, your award will be reduced by the percentage of fault attributed to you.
For example:
- If you are awarded $100,000 but found 20% at fault, you will receive $80,000 ($100,000 minus 20%).
- If you are found 50% or more at fault, you will recover nothing.
This system aims to distribute responsibility and compensation fairly based on each party’s contribution to the accident.
The Importance of Legal Representation in Comparative Fault Cases
Defendants in personal injury cases often argue that the plaintiff (the injured party) was more at fault than they claim. Insurance companies may try to minimize payouts by assigning a higher degree of fault to the injured person.
Therefore, it’s crucial to have skilled legal representation if you’ve been injured in an accident in Tennessee. An experienced attorney can:
- Investigate the accident thoroughly to gather evidence supporting your claim.
- Accurately assess the percentage of fault.
- Negotiate with insurance companies to ensure you receive a fair settlement.
- Represent you in court if a settlement cannot be reached.
Determining Fault: A Complex Process
Determining the percentage of fault in an accident is often complex and requires careful consideration of various factors, including:
- Police reports
- Witness statements
- Expert testimony
- Physical evidence
- Traffic laws
Tennessee law allows for the apportionment of fault among multiple parties, including the plaintiff, defendant, and even non-parties involved in the accident.
Conclusion
Tennessee’s modified comparative negligence law allows individuals who are partially at fault for an accident to recover damages, provided their fault is less than 50%. The amount of damages awarded is reduced proportionally to the degree of fault. Given the complexities of comparative fault, seeking legal counsel is essential to protect your rights and pursue fair compensation after an accident.
