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Fault Overview
Determining who is at fault is a crucial part of a personal injury lawsuit as it can determine compensation and a court ruling.
The legal definition of fault refers to an individual’s blameworthiness and responsibility. After a car accident, determining who is at fault is crucial and can have ramifications on compensation.
Who is at Fault in an Accident?
There are some situations where fault can be easily determined. For example, when someone rear-ends another vehicle they are automatically at fault. However, most other collisions are not straightforward and require thorough investigation.
Determining fault in an accident can be especially important in Tennessee. Tennessee follows a system of modified comparative negligence for legal action. This means that the amount of compensation a driver can seek from an insurance settlement is limited by their percentage fault.
State laws state that a plaintiff cannot seek compensation from an accident if they are shown to be more than 50 percent at fault. Even if a driver is only partially at fault, this also limits the amount of compensation they can recover. For example, if a driver is determined to be 30 percent at fault for a collision, the amount of compensation they can recover is reduced by 30 percent.
According to Esurance, a variety of evidence is used to determine fault. Drivers can help their case by gathering evidence on their own, including photos, driver information, and witness accounts of the crash. Additionally, drivers should avoid admitting fault at the scene of the collision. Instead, drivers should focus on stating the facts as they see them when giving their statement to the police.
Filing a Personal Injury Lawsuit in Tennessee
After a car accident, fault is typically determined by the involved insurance companies. However, if a driver wishes to take their case to court, legal authorities will determine fault and award damages based on their rulings.
Individuals who file a lawsuit after a car accident may be able to collect economic damages for property damage, medical expenses, lost wages, loss of services, and more. They may also be able to collect non-economic damages for pain and suffering or emotional distress, although Tennessee law caps these damages at $750,000.
Unfortunately, the time to file a personal injury lawsuit in Tennessee may be limited. The statute of limitations requires any personal injury complaints to be filed within a year of the incident. Although a year may seem like plenty of time to get legal affairs in order, this time can fly when individuals are already struggling with health issues, medical bills, property loss and potential deaths.
Considering these time constraints, finding a personal injury lawyer in Tennessee after a car accident can be stressful and confusing. To alleviate some of this stress, Top Class Actions can put you into direct contact with an experienced car accident lawyer in Tennessee. Simply fill out the form on this page to have your information sent to an experienced legal professional who can evaluate your case.
