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 lawimpacts 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:
If you’re less than 50% at fault, you can still recover damages — but the amount is reduced based on your percentage of fault.
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:
Misinterpret your statement
Downplay the other driver’s role
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 —
6 Red Flags the Insurance Company is Undervaluing Your Injury Claim
After a car wreck, you’re likely overwhelmed — dealing with pain, doctor visits, missed work, and a suddenly complex insurance process. And while insurance companies may act helpful, their job is to protect their bottom line — not your best interest.
If you’ve filed a personal injury claim, watch for these red flags that the insurance company is undervaluing your case:
1. Quick Settlement Offer
If the insurance company rushes to offer you a check — sometimes within days of your crash — it’s not because they’re being generous. It’s a tactic to settle the claim before you understand the full extent of your injuries or future medical needs.
Tip: Never accept a settlement without speaking to a personal injury attorney.
2. Downplaying Your Injuries
They may tell you your injuries are “minor,” or that your symptoms don’t line up with the crash. They might even claim your pain is from a pre-existing condition. If your doctor says otherwise, trust your medical provider — not the insurance adjuster.
3. Delayed or Avoidant Communication
If they stop returning your calls, take weeks to reply, or repeatedly say your claim is “under review,” it’s often an intentional delay tactic. They hope you’ll get frustrated, worn down, and accept less than your claim is worth.
4. Ignoring Non-Economic Damages
Medical bills aren’t the only thing you’re entitled to. If they’re ignoring pain and suffering, emotional trauma, or loss of quality of life, they’re not offering you a fair settlement. Kentucky law allows compensation for both economic and non-economic damages.
5. Using Your Words Against You
Be careful what you say in a recorded statement — and what you post online. Insurance companies will comb through your words and social media to find anything they can twist to minimize your injuries or shift the blame.
6. Blaming You for the Wreck
Even when fault is clear, adjusters may claim you were partially (or fully) at fault to reduce what they owe you. Don’t accept their version of events without legal guidance — especially if you have police reports or witnesses backing you up.
If Something Feels Off, It Probably Is
The truth is, you deserve better than what the insurance company is offering — and you don’t have to fight alone. At Queener Law, we see these tactics every day, and we know how to fight back.
Let us handle the insurance company so you can focus on healing.
You Don’t Have to Be “Seriously Injured” to Have a Valid Claim
Think your injury is “too minor” to pursue? Think again. You May Still Have a Valid Personal Injury Claim
At Queener Law, we hear this all the time: “It was just a fender bender.” “I walked away with a sore neck — no big deal, right?”
But here’s the truth: what seems “minor” today can turn into a major problem tomorrow. Waiting too long to take action can also cost you.
Minor Injuries Can Hide Serious Problems
That stiffness in your neck? That dull ache in your back? These could be early signs of something more serious, like:
Whiplash
Soft tissue damage
Herniated discs
Concussions
These injuries often don’t show their full impact right away — but they can lead to chronic pain, physical limitations, and expensive treatment down the road.
The Real Costs of “Small” Injuries
Even if your injury doesn’t land you in the hospital, it can still cause:
Medical bills
Missed work and lost wages
Ongoing therapy or treatment
Pain and emotional stress
Insurance companies are counting on you to shrug it off. They want you to believe your injury isn’t worth a claim. Don’t let them win.
You Deserve to Be Taken Seriously
Whether it’s a sore shoulder or a full-blown fracture, your injury matters — and you have a right to pursue compensation. The law doesn’t say you have to be seriously injured to have a valid personal injury claim. You just need to show that:
You were hurt as a result of someone else’s negligence
That injury caused you harm — physical, financial, or emotional
Talk to Someone Who Gets It
Before you write it off, talk to a lawyer who will take your pain seriously — like Queener Law. We’ve helped countless clients recover what they’re owed, even when they thought their injury “wasn’t that bad.”
You don’t have to go through it alone — and you don’t have to be “seriously injured” to deserve justice.
Call Queener Law today for a free consultation. Let’s talk about what your case is really worth — before it’s too late.
What Is a “Gap in Treatment” After a Car Wreck—and Why It Can Harm Your Case
When you’re injured in a car accident, every decision you make afterward can impact the strength of your personal injury claim. One of the most common—and damaging—mistakes people make is allowing a gap in treatment. But what exactly does that mean, and why is it such a big deal?
What Is a Gap in Treatment?
A gap in treatment refers to any significant delay or pause between the time of the accident and when you first seek medical attention—or any breaks in your ongoing medical care. This could look like:
Not going to the ER or urgent care the same day as the wreck
Waiting days or even weeks before seeing a doctor
Skipping follow-up appointments or recommended therapy sessions
Discontinuing treatment before being medically cleared
Why Is a Gap in Treatment Bad for Your Case?
When it comes to personal injury claims, documentation is everything. Insurance companies—and if necessary, juries—need clear, consistent medical records to connect your injuries directly to the wreck. A gap in treatment gives them an opportunity to argue that:
Your injuries weren’t serious
You may have recovered quickly and therefore don’t need compensation
Your injuries may have happened after the wreck, not because of it
In other words, even if you’re truly injured, a delay in seeking care could be used to devalue or deny your claim.
Why People Delay Treatment
It’s not uncommon for people to feel “fine” immediately after a car crash, only to experience pain, stiffness, or other symptoms hours or days later. Adrenaline can mask injuries. Others delay treatment because they’re busy, don’t think they’re seriously hurt, or are worried about medical bills.
But here’s the hard truth: if you’re injured and don’t get checked out right away, you’re not only risking your health—you’re risking your right to fair compensation.
Why You Should Call Queener Law Immediately
At Queener Law, we understand how overwhelming things can feel after a wreck. That’s why we’re here to guide you every step of the way—from making sure you get proper medical care to dealing with insurance companies on your behalf.
When you contact Queener Law immediately after a car wreck:
We help you avoid critical mistakes like gaps in treatment
We ensure your injuries are properly documented from Day One
We fight to protect your rights and maximize your compensation
Your health and your case are too important to gamble with. The sooner you act, the better your outcome—both physically and financially.
Don’t wait. Contact Queener Law today. Let us fight for the care and compensation you deserve.
🎶 Master Musicians Music Festival GIVEAWAY TIME! 🎶
Queener Law is thrilled to support local music events and community spirit by giving YOU the chance to experience one of Kentucky’s BEST music festivals! We’re giving away 3 WEEKEND PASSES FOR TWO to the Master Musicians Festival in Somerset, KY!
Here’s how to enter:
Complete the form below between now and June 30th, 2024. Three people will be chosen and announced on July 1st.
Each winner will receive 2 weekend passes to enjoy a whole weekend of incredible live music, food, and fun!
Festival Dates: July 11th – 12th, 2025
Winners will be announced on July 1st– stay tuned! Follow us on Instagram and Facebook
Tickets must be picked up at our office: 99 Ohio Street, Somerset, KY 42501
Don’t miss your chance to dance the weekend away at Master Musicians Festival 2025 – courtesy of Queener Law!
About Queener Law
With a legacy spanning over 30 years, Queener Law has been a steadfast advocate for accident victims and consumer rights. Operating from offices in Tennessee and Kentucky, Queener Law has established itself as one of the most successful personal injury and consumer advocacy law firms in the southeast. With a national presence in Denver, Colorado, Queener Law specializes in various practices, from product liability and personal injury to aviation accidents. Our track record of success has led to millions recovered for clients and a team of attorneys and paralegals known for their innovation and experience. Visit Queener Law to discover more about our services.
Is It Legal to Sleep in Your Car in Tennessee? A Legal Overview
If you’re considering sleeping in your car in Tennessee due to travel fatigue, financial constraints, or other reasons, it’s essential to understand the state’s laws and local ordinances to avoid potential legal issues.
Statewide Restrictions
Rest Areas: Tennessee enforces a strict 3-hour maximum stay at rest areas along highways. Overnight parking or camping is prohibited, including activities like setting up tents or using sleeping bags outside your vehicle.
Unlawful Camping: State law prohibits camping on highway shoulders, under bridges, or in underpasses. “Camping” includes sleeping outside your vehicle or preparing to do so.
Local Ordinances
City Regulations: Cities like Nashville and Memphis have ordinances that restrict or prohibit sleeping in vehicles on public or private property. Violations can lead to citations for loitering or trespassing.
Private Property: Some 24-hour businesses, such as certain Walmart stores and truck stops, may allow overnight parking. However, it’s essential to seek permission from management and ensure compliance with local laws.
DUI Consideration
Even if you’re not driving, sleeping in your car while intoxicated can lead to a DUI charge in Tennessee.The law considers you to be in “physical control” of the vehicle if you have the keys in your possession, regardless of whether the engine is running.
Tips for Safe Car Sleeping
Seek Permission: Contact local churches, shelters, or nonprofit organizations to inquire about safe parking programs.
Use Designated Areas: Opt for established campgrounds or RV parks that permit overnight stays.
Stay Informed: Always check local ordinances and seek permission from property owners before parking overnight.
If you’ve been injured due to someone else’s negligence, contacting Queener Law is a crucial first step in protecting your rights. Our experienced personal injury attorneys understand the physical, emotional, and financial toll an injury can take, and we’re here to help you navigate the legal process with clarity and confidence. At Queener Law, we fight to secure the compensation you deserve so you can focus on healing and rebuilding your life. Don’t wait—your recovery starts with the right legal team by your side.
