A car accident can be disorienting, to say the least. If you are involved in one, your primary concern should be your well-being. Next, you want to know who is to blame for the accident. This is especially important because it will form the basis of any claim by or against you.
Tennessee is a fault state when it comes to car accidents. This means that you can pursue the liable party for economic and non-economic damages that result from a car wreck. To effectively do this, however, it helps to understand how Tennessee negligence laws work.
Explaining Tennessee modified comparative negligence laws
Tennessee is one of the 33 states that apply modified comparative negligence statute when litigating car accident claims. According to this statute, you can claim damages as long as your fault in the accident does not exceed 50 percent. Thus, the amount you will be awarded will be reduced based on your contribution to the accident.
For instance, if it is established that you were 35 percent at fault, then you will only be eligible for damages for the 65 percent caused by the other party.
If the accident involves more than two parties, then fault is distributed per each party’s contribution.
Proving the other party’s fault
To litigate your personal injury claim and receive the compensation you deserve, you need to prove that the other party bears the greatest responsibility for the accident. Here are a few steps you can take after the accident to boost your odds of having your way:
- Calling the police to the accident scene immediately. Tennessee car accident reporting laws require that you call the police to the scene of a car crash that results in injury, death or property damage in excess of $400.
- Preserving evidence. With your phone, be sure to take as many photos of the accident scene and the vehicles as possible. If you can, be sure to obtain witness statements too.
No one sees a car wreck coming. Knowing your legal rights and obligations following a car wreck can help you hold the negligent party accountable.