Determining who is at fault in an auto accident can be tricky | Bart Durham Injury Law

Determining who is at fault in an auto accident can be tricky

Fault is a complicated issue when it comes to car wrecks. Most accidents are, well, accidental. However, there is often an issue of negligence that determines who is at fault in an accident.

First of all, Tennessee is an "at fault" state. Not every state determines fault in a car wreck, but in Tennessee, we do. That means that based on who caused the accident, their insurance most likely will pay for medical expenses, repairs, and other things associated with the accident.

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Based on people's insurance coverages, they are likely to have coverage up to a certain amount to take care of these expenses.

After an accident, never admit fault.

You may think you are at fault, but telling people the facts of the situation lets the insurance company assign fault by their standards. Often times, fault is complicated to assign, so never assume it was you.

Fault is difficult to assign because Tennessee is a "Modified Comparative Negligence" state.

Negligence means that a party was simply not careful enough, or was acting in an unsafe manner. For example, texting and driving is a negligent act.

Modified Comparative Negligence means that fault is on a scale, and as long as you are no more than 50% at fault, you can get your losses covered by the other party. For instance, if you change lanes, and a speeding driver hits you, you may be 25% responsible for cutting the other driver off, but the other driver is 75% responsible because they were driving aggressively.

Documenting everything about the accident can help, as will having a police report that documents the accident. Be careful what you say to insurance companies though, as they will try to find a reason not to pay you the full amount you deserve.

If you have any questions about your accident or need help, give us a call.

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