A car crash does not just affect the drivers. The damage also extends to others. If you were riding as a passenger, you may be wondering what your options are for recovery.
Do at-fault drivers cover passenger injuries?
Under Tennessee’s modified comparative fault system, the courts can reduce the compensation you get depending on the percentage of fault they assign to you. Since passengers are rarely, if ever, assigned responsibility, this threshold is unlikely to apply to you.
You may file a claim against the at-fault driver’s liability insurance or, in some situations, pursue a personal injury lawsuit. The specific path depends on the details of the crash, the insurance policies in play and the severity of your injuries.
Can liability fall on more than one party?
Tennessee recognizes that more than one person can bear responsibility for a single accident. If two drivers were both negligent (for example, one was speeding while the other ran a stop sign), each may share a portion of the liability. As a passenger, you may have grounds to pursue claims against both drivers.
Liability is not always limited to the people behind the wheel. Vehicle owners, employers of commercial drivers and even government entities responsible for road maintenance could share responsibility depending on the circumstances.
When multiple parties share liability, the state’s comparative fault rule divides responsibility by percentage. This means that while you are entitled to the total amount of your losses, the specific compensation you collect from each party will be limited to their percentage of the blame.
Are damages limited to your medical bills?
Depending on your situation, you can seek recovery for:
- Lost wages from missed work during your recovery period
- Projected future medical care if your injuries require ongoing treatment
- Pain and suffering for physical and emotional harm
Tennessee does cap non-economic damages such as pain and suffering at $750,000 in most cases. Economic damages such as medical bills and lost income do not carry the same cap.
Is there a deadline to file a claim?
Tennessee imposes a one-year statute of limitations on personal injury lawsuits, which is one of the shortest in the country. If you miss this chance to do so, you lose the right to recover any damages regardless of how strong your case is.
Because you might still be dealing with an injury during this short time period, it could be wise to connect with an attorney. They can assist you with your case and help you file all the documents you need while you can focus on recovering.
