Partially at Fault in a Car Wreck? Here’s What You Need to Know about Tennessee Comparative Fault in Car Accidents
When you’re involved in a car wreck, it’s natural to worry about who was at fault. But what if the answer is… both drivers?
If you’ve been in a Tennessee comparative fault car accident, you may be wondering how Tennessee’s comparative negligence law impacts your case. You were partially responsible for the crash, you might think that means you’re out of luck when it comes to recovering damages — but that’s not always true. Thanks to Tennessee’s modified comparative fault system, you may still be entitled to compensation.
Let’s break it down.
What Is Modified Comparative Fault?
Tennessee follows what’s known as a “50% bar rule” under modified comparative fault. This means:
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If you’re less than 50% at fault, you can still recover damages — but the amount is reduced based on your percentage of fault.
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If you’re found to be 50% or more at fault, you’re barred from recovering anything.
Real-Life Example
Let’s say you’re in an accident and a court finds you 30% responsible, while the other driver is 70% at fault. Your total damages are $100,000.
Under Tennessee law, you could still recover $70,000 — your award reduced by the 30% that reflects your portion of fault.
However, if you were found to be exactly 50% or more at fault, you would get nothing. That’s why it’s critical to protect yourself from inflated blame.
How Insurance Companies Use This Against You
Here’s the catch: insurance companies know the rules — and they’ll often try to shift more blame onto you to reduce or completely deny your claim. Their goal? Get you to or above that 50% mark so they don’t have to pay at all.
They might:
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Misinterpret your statement
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Downplay the other driver’s role
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Push you to settle before the facts are clear
This is where having an experienced attorney matters.
How an Attorney Can Help
At Queener Law, we understand how to navigate Tennessee’s comparative fault system and push back when the insurance company plays games. Here’s how we help:
- Investigate the Wreck Thoroughly
We gather critical evidence — including police reports, witness statements, crash data, and video footage — to build a strong case that accurately shows who was at fault.
- Challenge Unfair Blame
If the insurer is trying to assign you more fault than you deserve, we fight to correct the record and defend your share of liability.
- Maximize Your Recovery
Even if you’re partially at fault, we work to maximize your compensation for medical bills, lost wages, pain and suffering, and more.
- Represent You in Court if Needed
If the insurance company refuses to play fair, we’re ready to take your case to trial.
Final Word: Don’t Let Partial Fault Stop You
Being partially at fault in a car wreck doesn’t mean you don’t have a case — especially in Tennessee. But the insurance company will absolutely use the law to their advantage unless you have someone in your corner.
Let Queener Law fight for you.
Don’t navigate Tennessee car accident fault laws alone. Contact an experienced Tennessee personal injury attorney at Queener Law. know the rules. We know their tactics. And we’ll make sure you don’t get pushed out of the compensation you deserve.
Contact Queener Law today for a free consultation.
We’ll handle the legal stress —