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Was the accident your fault? Understanding comparative negligence

On Behalf of | Aug 3, 2018 | Uncategorized |

Tennessee operates under a law of modified comparative negligence. If a driver commits a traffic violation and causes an accident inflicting their own injury, he or she may not have the ability to seek damages. Modified comparative negligence proves that driving while distracted or intoxicated may not only be life threatening – it also takes away your ability to seek compensation for your serious injuries.


Due care and negligence

Drivers across Tennessee experience threats on the road. Yet the threat of drivers not using due care while they drive proves the greatest. In determining who caused a serious accident, insurance companies and Tennessee judges look at all circumstances of the accident.

Hoping to prove the presence and percentage of negligence of the parties, a court may place blame if one driver was eating, drinking, texting or even intoxicated while driving. A court may find an individual to be negligent if he or she caused an accident while simply looking down for a few seconds.

The key to claiming injury and obtaining benefits in a negligence case is identifying care. When operating a vehicle, drivers must commit to focusing on the road only. If found negligent, the court proves you to lack due care in operating a vehicle that caused a crash and subsequent accidents.

Modified comparative negligence in Tennessee

Tennessee looks at both parties when determining who caused an accident and who deserves compensation. The law of modified comparative negligence looks at:

  • Whether actions of a driver caused some or all of the injuries of an accident
  • Whether those actions contributed to 50% or more of the injures

If a court finds you at fault for 50% or more for accident outcomes, you may not be able to receive any compensation for your injuries in Tennessee. Medical costs and insurance expenses all burden your bank account and insurance company if you broke traffic laws, caused an accident and sustained injuries.

Operating a vehicle with care proves essential. The law of modified comparative negligence places blame on you if you are negligent, and the law makes it so that you are indirectly punished for your actions by not allowing you to seek compensation for injuring yourself in an accident.

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