Auto accident laws pass through state mandates.
In Tennessee, the two primary laws that can affect your auto accident case include the statute of limitations and comparative negligence.
Statute of limitations
The statute of limitations is a legal timeframe allotted for filing a lawsuit. In Tennesse, there are three statutes of limitations involving car accidents:
- The state allows three years to file a claim for property damage caused by another party in a car accident.
- The state allows one year to file a lawsuit for bodily injuries to anyone hurt in the crash, including drivers, passengers, scooter riders, bicyclists and pedestrians.
- The state also allows one year to file a wrongful death lawsuit if the accident resulted in the death of a loved one.
Should you attempt to file after the deadline passes, the court will likely grant a motion to dismiss the case.
Comparative negligence
The question of liability is important in a car accident lawsuit, and not all cases have a clear at-fault party. Sometimes both parties share responsibility. In that case, Tennessee abides by the modified comparative negligence rule, which permits the recovery of compensation as long as your percentage of negligence is less than 50%.
Additionally, the court will deduct your portion of fault from the award. For example, if the court determines the award for damages in your case equals $70,000, and you are 10% at fault, you can still receive $63,000. However, if you are 50% at fault, you receive nothing.
Understanding your legal rights in a car accident case is pertinent to ensuring your receive the compensation you deserve.
