Can I Recover Damages if I am Partially to Blame for My Car Accident?

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Tennessee is a “modified comparative negligence” state. You can recover damages in a car accident, even if you played a role, so long as the other party bears more significant responsibility. However, your award will be reduced according to the percentage of blame you are found to share.

In a modified comparative negligence state like Tennessee, victims of serious injury who are less than 50 percent responsible for an accident can file suit to seek damages, including:

  • Medical expenses
  • Lost wages
  • Property damage
  • Personal pain and suffering

If your claim settles during mediation, your share of responsibility will factor into the settlement. However, if your claim goes to trial, a jury will determine how much you are owed, less the amount for which they find you liable.

Talk to a Lawyer

Fault in a car accident is seldom as black and white as it appears. Several factors can play a role in a car accident, including road hazards, defective vehicles, and acts of nature.

Your lawyer will carefully investigate your accident to determine all possible causes. This helps to ensure that you are not held liable for issues you did not cause and that any liability you share for an accident is really and truly your own.

In addition to helping you determine how fault should be split, an attorney can help to protect you against attorneys and insurance companies working for the other side. If you suspect you share some of the responsibility for an accident, the other drivers may also come to this conclusion. Acting swiftly helps to ensure an appropriate response to any legal action taken by the other party.

Without a lawyer, you are at the mercy of powerful interests that are more interested in getting you to settle than understanding your needs. Your lawyer can help protect you against the trick and tactics these parties may use to convince you to accept an insufficient settlement.

If you need a lawyer in Tennessee, call Herbert Thornbury, Esquire, at 423-265-1100 to schedule a free case review today. Herbert Thornbury is a board-certified trial attorney serving Tennessee and nearby areas of Georgia.