How is Liability Determined in Tennessee Car Accidents?

In Tennessee, liability for a car accident is fundamentally determined by establishing negligence, which is the legal term for a party’s carelessness or failure to exercise the reasonable amount of care required while driving. The party whose negligence caused the collision is generally held financially responsible for the resulting damages and injuries.

If you are dealing with a Tennessee car accident where liability is difficult to establish, consulting with a skilled Nashville car accident lawyer can provide the necessary guidance and legal assistance. Call us at (615) 864-0343 or fill out our contact form to discuss your case with a legal professional.

What Is Negligence?

To prove that another driver was responsible for your accident, the injured party must prove that the other driver was negligent. This is a principle which relates to the degree of care that a reasonably responsible person would have exercised in similar circumstances. If a driver did not act responsibly, the injured party is likely able to hold them legally responsible for causing them harm.

Negligence has four elements, which include duty of care, breach of that duty, causation, and damages. These four elements must be established by evidence and a thoroughly presented claim.

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Key Evidence in Establishing Liability

Determining who was liable for an accident depends strongly on the evidence that is supplied within the case. When working with a car accident attorney, they will launch a full investigation to collect evidence such as:

• Local law enforcement reports
• Eyewitness statements
• Photos and traffic camera footage
• Debris and physical evidence
• Vehicle black box data, if applicable
• Medical records
• Any other documentation supplied by the injured party.

The insurance company will then make a determination on fault or shared fault, in cases where that applies. If you disagree with the insurance company’s allotment of fault, you can dispute it by presenting more evidence and negotiating the settlement directly with the insurance company, or by taking your case to court.

Understanding Tennessee’s Modified Comparative Fault

Tennessee operates under the law of modified comparative fault. This is a system which impacts how much compensation a driver can receive following a collison. But do not worry, if you are partially responsible for your accident, you are not immediately barred from receiving compensation.

Under this modified comparative fault law, if you are found to be 49% or less responsible for the car accident, you can recover damages from the other party. However, your total compensation will be reduced proportionally by the percentage of fault you are assigned.

An example of this is if you are assigned 18% of fault and your claimed losses were $100,000, you would be awarded only $82,000. If the fault is 50% or more, you are completely barred from receiving any compensation for your injuries.

Contact a Tennessee Car Accident Attorney Today

While it may seem easy to show that another driver was liable for your accident, it often takes a calculated and strategic approach. If you are attempting to prove negligence in a case, contact our Nashville injury lawyer, Adam Selvidge, today to set up a free case consultation.