Determining Fault in a Multi-Car Accident in Tennessee

When someone has been injured, determining which parties are at fault can help to establish who has been wronged and who is on the hook for the related damages. For example, when a drunk driver hits a car, it’s likely that the drunk driver is at fault, but how is fault determined in a multi-car accident in Tennessee?

Each state follows one of two policies when someone is injured in a car accident: 1) no-fault or 2) at-fault. A no-fault policy state requires those injured in a car accident to submit a claim with their own insurance company. Alternately, in an at-fault state, the insurance company of the person who is to blame for the accident is responsible for paying the individual who was injured by their policyholder’s negligence. Most states follow at-fault policies, but different states determine fault differently.

Tennessee, which follows an at-fault policy, adheres to what is called a “modified comparative negligence system.”

Tennessee’s Modified Comparative Negligence System

While Tennessee follows an at-fault policy, its modified comparative negligence system helps to consider the percentage of fault of each person involved in the car accident. Under the modified comparative negligence system each person involved in the accident is assigned a percentage of the blame (fault). Therefore, while there may be multiple people at fault for an accident, some may harbor more blame than others.

For instance, one person involved in an accident may be found to have been 30% at fault, while another person involved may be found to have been 70% at fault. Just bear in mind that in order to seek compensation under Tennessee’s modified comparative negligence system, a party must be less than 50% at fault.

So How Do Authorities Assign Fault in Tennessee?

The best way to understand how authorities assign fault in Tennessee is to take a look at a made-up example.

Imagine that one driver rear-ends another driver while going 20 miles over the speed limit. Initially it would seem to be an easy assignment of fault: the driver who crashed into the other driver would appear to be to blame. However, while it’s apparent that the driver who rear-ended the car in front of it is at fault, it doesn’t mean that he is the only one at fault.

Now let’s imagine that the car in front had just entered into the same lane as the other car but failed to signal before moving over. In such a case the driver of the car who was rear-ended would also be partially to blame. In this situation authorities may decide that the driver who failed to signal before switching lanes was 40% at fault. This would therefore lower the fault of the driver who rear-ended the other vehicle from 100% down to 60%. As you can see, in this scenario both drivers would be found at fault for the accident, though one carries more fault than the other. However, while it seems rather easy to determine fault in this example, that’s not always the case.

Other things that can help you to prove fault include the following:

1. Police Reports

After every accident that occurs, there is a good chance that the police will come and document their observations and opinion as to who was at fault for the accident. A police report can help you to demonstrate what actually happened.

2. Tennessee Traffic Laws

It may seem obvious, but state and local traffic laws can actually help to prove fault. If you can prove that someone violated a traffic law, you can help to prove that they are at fault.

3. A Qualified Tennessee Car Accident Attorney

A knowledgeable and experienced Tennessee personal injury attorney who specializes in car accidents can be of great help in proving the fault of the opposing party.

What Should you do if You’ve Been Injured in a Car Accident?

If you or a loved one were injured in a car accident, you should not have to pay for someone else’s mistakes. That’s why it’s in your best interest to consult with a Tennessee car accident attorney today to fight for the compensation that you deserve.

Robert BatesRobert is a Kingsport trial lawyer who handles car, truck and motorcycle wreck cases across the Tri-Cities. Every client gets his cell number.