We Understand That Results Matter

Photo of Jeffrey P. Boyd and Ricky L. Boren

How does Tennessee determine fault in auto accidents?

On Behalf of | Dec 1, 2023 | Car Accidents |

Understanding how fault determination can help you navigate the aftermath of an auto accident. Tennessee uses guidelines to assess responsibility, influencing insurance claims and legal proceedings.

Reviewing the relevant factors can shed light on the process of establishing fault for a collision.

Checking for law violations

Tennessee relies on traffic regulations to assess fault in auto accidents. A driver may be at fault if they break a law and the violation causes an accident. Common examples include running red lights, failing to yield and speeding. Impaired drivers cause about 7,300 crashes every year in Tennessee according to the Department of Transportation. They are also four times more likely to speed.

Gathering witness statements

Eyewitness accounts build a comprehensive narrative of the accident. Law enforcement officers and witnesses can give valuable insights into the sequence of events. Their testimonies contribute to the understanding of fault.

Documenting the incident

Following an auto accident, officers typically generate an official police report. It contains details about the accident, statements from involved parties and any observed traffic violations. The police report serves as a valuable resource for insurance companies and legal entities in the investigation.

Assessing shared responsibility

Tennessee follows a modified comparative fault system. This law allows for shared responsibility in auto accidents. If the state finds more than one party at fault, the judge will determine each person’s fault percentage. Individuals deemed more than 50% responsible for the accident may face compensation limits.

Awareness of these factors empowers drivers to make smart decisions after an accident based on potential outcomes.

FindLaw Network
Lawyers Involved For Tennessee
Rated by | Super Lawyers | Ricky L. Boren | SuperLawyers.com
Rated by | Super Lawyers | Jeffrey P. Boyd | SuperLawyers.com
Martindale-Hubbell | AV | Preeminent® | Peer Rated for Highest Level Of Professional Excellence | 2023
Martindale-Hubbell | AV | Preeminent® | Peer Rated for Highest Level Of Professional Excellence | 2022
Lead Counsel Rated | LC
Tennessee Trial Lawyers Association | Member 2022- 2023 Board Member
LIFT | Member 2021- 2022
TTLA Circle of Advocates | Member 2021 -2022
American Associaton For Justice | The Association For Trial Lawyers | Member
The National Trial Lawyers | Top 100
Motor Vehicle Trial Lawyers | Top 25
Martindale-Hubbell | Distinguished® | Peer Rated for High Professional Achievement | 2017