What if I Was Partly at Fault in Nashville, TN?

Accidents can sometimes involve multiple people sharing responsibility. But what does that mean for your right to seek compensation if you were partly at fault in an accident in Nashville? 

Tennessee’s modified comparative negligence law allows injured victims to recover damages even when they are partially to blame, but there are limits, and the rules can be complex.

If you’ve been injured in a car accident, motorcycle crash, truck collision, slip and fall, or other personal injury accident – and believe you may be partially responsible, it’s important to understand how fault is determined and how it can affect the value of your claim. 

At The Morgan Law Group, our Nashville injury attorney is adept at every aspect of the fault claims process. Whether you’re dealing with insurance adjusters or navigating Tennessee’s comparative fault laws, knowing your rights is the first step.

What Are Fault Laws in Nashville, Tennessee?

Tennessee follows a fault-based system when it comes to personal injury claims. This means that the person or party responsible for causing the accident is financially liable for the damages that result, including medical bills, lost income, and pain and suffering.

But when more than one person is at fault, Tennessee’s modified comparative negligence rule with a 50% bar comes in. 

Here’s how it works:

• If you are less than 50% at fault, you can still recover compensation.
• If you are 50% or more at fault, you are barred from recovering any damages.

So, if you’re partly at fault in an accident in Nashville, your compensation will be reduced by your percentage of fault. For example, if your total damages equal $50,000 and you’re found to be 20% at fault, you could still recover $40,000. 

This rule is meant to allocate financial responsibility fairly based on who contributed to the accident and how much. It applies to all types of personal injury cases in Tennessee, including car accidents, motorcycle wrecks, pedestrian injuries, dog bites, and premises liability cases.

Tennessee’s Comparative Negligence Law Across Different Accidents

Tennessee’s modified comparative negligence rule doesn’t just apply to vehicle collisions; it extends to many other personal injury scenarios. Understanding how partial fault is assessed in various accident types can help clarify your legal options.

Car and Truck Accidents

In a typical two-car collision, both drivers may share fault. For example, if one driver was speeding and the other failed to yield. In multi-vehicle crashes or truck accidents, determining fault becomes even more complicated, often involving commercial insurance policies and extensive investigations.

Motorcycle Accidents

Motorcyclists are especially vulnerable, and many times insurance companies try to shift blame onto them. Wearing proper safety gear is not only important for safety but can also influence how fault is evaluated. If you were injured in a motorcycle crash, understanding motorcycle helmet requirements can also play a role in the legal analysis of your case.

Pedestrian and Bicycle Accidents

Pedestrians and cyclists can be partially at fault too, such as when crossing against a light or riding outside of designated lanes. However, they still have legal rights, and in many cases, motorists are primarily responsible.

Slip and Fall Accidents

If you slipped in a grocery store or on someone’s property, the defense may argue you weren’t paying attention or ignored warning signs. Evidence like video surveillance or witness statements can counter these defenses.

Consequences if Partly at Fault in an Accident in Nashville

Being partly at fault in an accident in Nashville doesn’t automatically disqualify you from receiving compensation, but it does complicate things. 

What is at stake includes:

• Reduced Compensation: Your settlement or court award will be reduced in proportion to your degree of fault. A 20% share of the blame means a 20% reduction in what you can recover.
• Greater Scrutiny from Insurance Companies: Insurance adjusters often use partial fault claims to reduce or deny your compensation. They may argue that you were more responsible than you actually were to avoid paying full damages.
• Impact on Settlement Negotiations: The higher your share of fault, the more leverage insurance companies have in lowering their settlement offers. You may be pressured into accepting less than your case is worth if you don’t have strong legal representation.
• Legal Complexity: Proving liability and countering fault claims requires evidence, strategy, and a deep understanding of Tennessee’s negligence laws. It’s especially critical when multiple parties are involved or when you’re close to the 50% threshold.

How Is Fault Proven or Contested in Tennessee?

When fault is disputed, both sides will present evidence to support their version of events. The goal is to persuade the insurance company, a judge, or a jury that you were either not at fault or your level of fault was minimal.

Common evidence includes:

• Police reports
• Eyewitness statements
• Surveillance or dashcam footage
• Photographs and physical evidence
• Expert testimony (accident reconstruction, medical professionals, etc.)

Your personal injury attorney’s job is to build a strong case showing the other party’s negligence while minimizing any suggestion that you contributed to the accident. Even if partial fault is unavoidable, controlling the percentage attributed to you is critical for maximizing compensation.

What to Do After an Accident in Nashville You’re Partly at Fault

If you’ve been in an accident and think you might share some responsibility, it’s important not to panic or make assumptions. 

Here’s what you should do:

• Do Not Admit Fault: Even if you think you contributed to the accident, never admit fault – not to the other party, police, or your insurance company. Fault is a legal determination that requires an investigation.

• Seek Medical Attention: Always prioritize your health. Getting medical treatment documents your injuries and connects them to the accident, which is essential for any personal injury claim.

• Collect Evidence: Take photos of the accident scene, vehicle damage, injuries, and any conditions that may have contributed to the accident (like road hazards or weather). Get witness contact information and secure copies of any police reports.

• Report the Accident: Notify your insurance company promptly, but avoid making detailed statements until you speak with a personal injury lawyer.

• Consult an Attorney: An experienced attorney can investigate your case, determine fault percentages, and push back against attempts to exaggerate your responsibility. They can also negotiate a fair settlement on your behalf or take your case to court if needed.

Don’t Hold Back – Recover Damages Even if Partially at Fault 

Many injury victims make the mistake of assuming they don’t have a valid case because they may have been partly at fault in an accident in Nashville. But this assumption can lead to missed compensation opportunities, especially when your injuries are serious and the damages are high.

In reality, partial fault is extremely common in personal injury claims. Rarely is an accident the result of one party’s actions alone. Tennessee law recognizes this and allows you to seek compensation even when you share blame, as long as your portion is less than 50%.

It’s also important to understand that fault is not set in stone. Insurance companies often assign fault percentages to protect their own interests. These assessments can be challenged and negotiated, especially with help from personal injury attorneys in Tennessee.

If you’re unsure about your situation or have been told you were partially responsible for the accident and your injuries, The Morgan Law Group is here to protect your interests. Call us today (615) 551-7341 or contact us using our online form for a free consultation about your accident at our office in Nashville.