What if I was Partially at Fault for a Car Accident in Tennessee?

If you were partially at fault for a car accident in Tennessee, you may still be able to recover compensation for your injuries. Tennessee follows a modified comparative fault rule, which allows an injured person to recover damages as long as they are less than 50% responsible for the crash. However, your recovery will be reduced. 

At Wettermark Keith, our Tennessee car accident lawyers have a deep understanding of this rule and know how insurers may use it against you to try to lower your settlement. We’ll fight back, gather evidence that shows who caused the accident, and push for a settlement that covers all your losses.

How Tennessee’s Modified Comparative Fault Rule Works

Tennessee follows a modified comparative fault system, which allows you to recover compensation as long as your share of fault is less than 50%. Your percentage of fault reduces the amount you’re able to recover. 

For example, if you were found 20% at fault for a crash, you can still recover 80% of your damages. If you are found 40% at fault, you can recover up to 60%.

If you’re found to be 50% or more responsible for the accident, you’ll be barred from recovering anything at all. That threshold is what makes the fault so important in these cases. A small shift in how blame is assigned can be the difference between substantial compensation and none.

Wettermark Keith works to establish the true cause of the crash and protect you from having more fault placed on you than the evidence supports. Schedule a free consultation with us to learn more about what happens if you were partially at fault for a car accident in Tennessee.

Why Insurance Companies Try to Increase Your Share of Fault

Every percentage point of fault an insurance company can pin on you is money it doesn’t have to pay. If your damages are $100,000 and the insurer can push your share of the blame from 10% to 30%, its payout drops by $20,000. If they can push it to 50% or higher, your claim disappears entirely.

As a result, adjusters look for anything they can use to assign fault to you. They can use statements made at the scene, ambiguous details in the police report, and other things to shift blame onto you. We are closely familiar with these tactics and know how to push back against them.

If you are wondering what to do if you were partially at fault for a car accident in Tennessee, reach out to the attorneys at Wettermark Keith ASAP. Understand that anything you say to the insurer can be used against you. We’ll communicate with insurers, investigate the crash, and present evidence that shows what really happened.

What to Do After a Tennessee Car Accident to Protect Your Claim

Now that you understand what could happen if you are partially at fault for a car accident in Tennessee, you’ll want to familiarize yourself with the steps you can take after a crash to protect your claim. At Wettermark Keith, we suggest doing the following after a collision to improve your chances of getting the compensation you’re owed:

• Seek medical attention ASAP if you are seriously injured
• Call 911 so the crash is officially documented and an officer creates a report
• Do not admit fault or apologize at the scene of the crash
• Photograph vehicle positions, damage, and skid marks
• Get contact information from every witness before they leave the scene
• Exchange information with the other driver without discussing what happened
• Decline to give a recorded statement to the other driver’s insurance company
• Keep copies of medical records and vehicle repair estimates
• Get checked out by a doctor even if you feel okay, as whiplash, concussions, and other injuries don’t always show up right away
• Speak to a skilled car accident attorney

How a Tennessee Car Accident Lawyer Can Help

When a few percentage points of fault can significantly cut your recovery or stop it completely, you need a lawyer who knows how to protect your claim. At Wettermark Keith, our Tennessee car accident lawyers will take the following steps to put you in the best position possible to receive maximum compensation:

• Meet with you for a free consultation and explain what you can do if you were partially at fault for a Tennessee car accident
• Investigate the crash and gather evidence that shows what actually happened
• Obtain and analyze traffic camera footage, dashcam video, and surveillance recordings
• Interview witnesses
• Work with accident reconstruction experts to learn more about how the crash occurred
• Review the police report and challenge inaccuracies that could raise your share of blame
• Push back against insurance company attempts to inflate your percentage of fault
• Calculate how much you’re owed
• Negotiate a fair settlement
• Take your case to court if the insurance company refuses to offer what you’re owed

Speak With a Tennessee Car Accident Lawyer

If an insurance company is trying to pin part of the blame on you after a wreck, do not assume your case is worth less than it is. It’s important to remember that the percentages assigned after a collision make an enormous difference in what you recover, and those percentages are often more negotiable than you think.

At Wettermark Keith, we investigate what actually happened, push back against attempts to shift fault onto injured people, and pursue the full compensation you are owed. Schedule a free consultation with us today to find out what happens if you were partially at fault for a car accident in Tennessee and get started on your case.