Making Sense of Modified Comparative Fault in Knoxville Car Accident Lawsuits
If you were injured in a car accident in Knoxville, one of the most important legal concepts that may affect your case is a doctrine called modified comparative fault. Tennessee law does not automatically award damages simply because another driver was involved. Instead, courts evaluate the relative degree of fault of each party. An experienced Knoxville personal injury lawyer can help you understand how this rule may impact your right to recover compensation and can help fight for you to get compensation due to you.
Tennessee’s Supreme Court has explained our system of modified comparative fault this way: “So long as a plaintiff’s negligence remains less than the defendant’s negligence, the plaintiff may recover; in such a case, the plaintiff’s damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff.”
But what exactly does this mean for Knoxville personal injury victims, such as those victims who are injured in serious car or truck accidents?
What the Modified Comparative Fault Law Means for Personal Injury Victims in Knoxville
In practical terms, when more than one party contributes to an accident, the court compares the relative degree of fault of everyone involved, including the injured person. Each party is assigned a percentage of responsibility.
Tennessee follows a “less than 50%” rule. This means that an injured person may recover damages only if they are found to be less than 50% at fault for the accident. If a jury determines that you were 50% or more responsible, you may be barred from recovering compensation. If you are less than 50% at fault, your recovery will be reduced by your percentage of fault.
For example, if you are awarded $100,000 in damages but found to be 20% at fault, your recovery may be reduced by 20%, resulting in $80,000. In multi-vehicle accidents, this analysis can become complicated. Insurance companies may attempt to shift blame onto you in order to reduce their payout. Even small details such as speed, following distance, or distracted driving can influence how fault is assigned.
Because fault directly impacts how much compensation you may receive, it is critical to build a strong case supported by evidence. Police reports, witness statements, crash reconstruction analysis, and medical documentation can all play a role in establishing liability. This is where an experienced Knoxville personal injury lawyer can come in to help you.
Getting Legal Guidance from a Knoxville Personal Injury Lawyer
There is no question that modified comparative fault can significantly affect the outcome of your car accident lawsuit. Without experienced legal representation, you may face aggressive tactics from insurance companies seeking to minimize your claim. An experienced and skilled Knoxville personal injury lawyer can evaluate the facts of your case, gather evidence to support your position, and advocate for a fair allocation of fault.
The experienced Knoxville car accident lawyers at the law firm Fox Farley Willis & Burnette PLLC are here to help victims of serious accidents caused by others get compensation for their injuries and losses. Contact Fox Farley Willis & Burnette PLLC and speak with a lawyer about your case now.