If you're like many people, you may be wondering if you have any right to seek personal injury compensation if you were partly at fault in the accident. Maybe you were speeding when your car was hit by a drunk driver, or maybe you pulled in front of a semi-truck before it rear-ended you.
At Bart Durham Injury Law, my team of lawyers and I are here to help you understand your rights and options under Tennessee law. With decades of experience and a reputation for results, we are proud to serve injured individuals in Nashville and throughout the state.
Tennessee Follows The Doctrine Of Comparative Fault
In Tennessee personal injury cases, the courts adhere to what is called "comparative fault" or "comparative negligence." This means that if you and the other party were both at fault in the accident, the court will split the liability between the two of you. Here's an example of how this might look:
You are driving down Interstate 40 in Nashville at dusk when the driver of another car, merging in from Interstate 65, fails to see you and smashes into the side of your vehicle. Your car careens off the road and you suffer $200,000 in medical bills, lost wages and other damages.
You bring a personal injury lawsuit against the other driver, but the other driver claims that you were also at fault for driving without your headlights on. If the case goes to trial, the jury may decide that you are 15 percent at fault and the other driver is 85 percent at fault, which means the other driver has to pay 85 percent of your damages ($170,000).
Note that the Tennessee courts will only allow you to recover money from the other party if you were less than 50 percent at fault. If you are determined to be 49 percent at fault in the crash, you can still seek compensation.
Learn More By Calling Bart Durham Injury Law In Nashville
Simply call Bart Durham Injury Law at 866-468-6603, or contact me online to arrange a free initial consultation. My firm handles all personal injury cases on a contingency-fee basis, so you owe no attorney fees unless I recover compensation for you. Se habla Español.