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How does Tennessee determine fault after a car accident?

On Behalf of | May 22, 2025 | Car Accidents |

Understanding how Tennessee determines fault after a car accident helps you protect your rights and get fair compensation. Fault decides who pays for damages and how much you might receive.

What is fault in car accidents?

Fault means legal responsibility for causing an accident. Tennessee uses a modified comparative fault system, which means the amount you can recover depends on your share of the fault. If you bear 50% or more fault, you cannot recover damages.

How is fault determined?

The process starts by collecting evidence such as police reports, witness statements, photos, and videos. Insurance adjusters and sometimes courts review this evidence to assign fault percentages to each party.

They focus on who violated traffic laws, who acted carelessly, and the circumstances leading to the crash. They carefully assess each party’s role to decide how much responsibility they bear.

What happens if both drivers share fault?

Tennessee’s modified comparative fault law lets you recover damages if your fault stays below 50%. However, your compensation reduces by your percentage of fault. For example, if you are 30% at fault and your damages total $10,000, you can recover $7,000.

Why does this matter to you?

Knowing how Tennessee assigns fault helps you gather the right evidence and present your case strongly. It encourages you to avoid admitting fault at the scene and to document everything clearly.

Understanding fault after a car accident puts you in a better position to protect your interests and ensure fair treatment.

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