In many car accidents where two or more drivers are involved, more than one driver may be responsible for the accident. When there are allegations that two more drivers are partially responsible for a car accident, Tennessee uses the concept of comparative negligence to determine who should be responsible for paying a claim.

Multi-vehicle accidents often involve a chain reaction or a series of separate accidents. Our car accident lawyers are skilled at showing what happened and explaining what damages you are owed.

Tennessee’s comparative negligence statute

Tennessee law proportions liability when there are two or more responsible drivers involved in an accident that injures you or takes the life of a loved one, as follows:

• The relative fault of each party is compared.
• In order to obtain compensation, your degree of fault must be less than the fault of the defendants. If your degree of fault is 50% or more, then you cannot be awarded any damages for your injuries. Likewise, if the family of a loved one was 50% or more responsible for an accident, the family cannot be awarded any damages for the death of their loved one.

The statute will consider certain equitable principles when necessary.

In practical terms, the jury assigned to decide your case will review the liability and damage parts of your claim:

The liability part of your claim

The jury will:

• Review the evidence of how the accident occurred. This will normally include the testimony of each witness, the testimony of the policy, the testimony of any witnesses, and the testimony of any experts such as traffic reconstruction experts.
• Assign the percentages/ degrees of fault. The jury will assign a fault percentage to each driver. The percentages must add up to 100%.

The damages part of your claim

If you are eligible to claim damages for your injuries (or the death of a loved one), because your amount of fault is less than 50%, then the jury will determine how much your claim is worth.

• Your damages include all your current and future medical bills, the income you lost and will continue to lose because you can’t perform your job or earn a living, your daily pain and suffering, the damage to your vehicle, and all other damages such as compensation for any scarring or disfigurement.
• The amount of your damage award will be reduced by your degree of fault.
• The defendants are liable in a multi-vehicle car accident for their respective degree of fault.

A few examples of how comparative negligence works in Tennessee

The following examples should help clarify how comparative negligence applies to your claim.

• Scenario one. Two vehicles. In this example, there are just two vehicles – one which involves you as the driver and another driver. You are injured. You then contact Banks & Jones to file a personal injury claim. You assert that the driver who struck your car ran through a red light. The other driver asserts that you were speeding. Your damage claim is worth $100,000.
  • If the jury decides the other driver was 80% responsible and you are 20% responsible, the other driver owes you 80% of $100,000 – $80,000.
  • If the jury decides you are 49% responsible, the other driver owes you 51% of $100,000 – $51,000.
  • If the jury decides you are 50% responsible, you receive nothing.
  • If the jury decides that you are more responsible for the accident than the other driver, you receive nothing.
• Scenario two. Three vehicles. In this example, you were struck by two cars. One car rear-ended you. A second car struck your vehicle on the side. You were not responsible. Your damage claim is worth $100,000.
  • If the jury decides that each of the two drivers that struck you was equally at fault, you receive $100,000. You receive $50,000 from the driver who rear-ended you and another $50,000 from the driver who hit your car on the side.
  • If the jury decides that the driver who rear-ended you is 75% responsible and the car who struck your side is 25% responsible, you receive $75,000 from the driver who rear-ended you and $25,000 from the driver who struck your car on the side.

Factors that can complicate your claim in a multi-vehicle accident

Sometimes, assigning fault and determining who pays your claim can get complicated. At Banks & Jones, we know how to handle these complexities. Our Knoxville car accident lawyers understand all aspects of comparative negligence claims.

Some of the factors that can complicate a comparative negligence claim include:

• One or more of the responsible defendants doesn’t have enough money to pay your claim. We can explain if you can collect the balance from the other defendants or from your own uninsured/underinsured (UM/UIM) carrier.
• You are more responsible than any one defendant individually but not in combination. For example, you are 40% responsible, another driver is 30% responsible, and a third driver is 30% responsible. We’ll explain whether you can be awarded damages, how much, and from whom.
• You’re a passenger in a car in which the driver of your car was 60% at fault and the other driver was 40% at fault. Here, since you have no liability as a passenger, you should receive 60% from the person who drove the car you were riding in, and another 40% from the other driver.

Never assume you don’t have a case if you contributed to a car accident. Many times, we can show that you weren’t at fault or that your fault was comparatively less than the other defendants. We’re skilled at showing how multi-vehicle car accidents happen and who is responsible. Please call us or use our contact form to schedule a free consultation. We’ve been fighting for car accident victims throughout Tennessee for more than 20 years.