If you’ve been injured in a car accident in Knoxville, one of the first things you should understand is the state’s fault laws. Fault laws determine who’s responsible for the accident and who pays for damages, and they can have a big effect on the outcome of your claim. Tennessee’s fault laws are based on a concept called “comparative negligence,” and you need to understand them if you’re considering filing an insurance claim or lawsuit.

What is a fault state?

When it comes to car accidents, Tennessee is a “fault” state. This means that the person who caused the accident – the “at fault” driver – is responsible for paying any damages.

Fault states differ from no-fault states, where drivers must turn to their own insurance policies first to cover damages, regardless of who caused the accident. Here in Tennessee, the at-fault driver’s insurance is responsible for covering medical expenses, vehicle repairs, and other costs. In brief, if someone else caused your accident, you have the right to seek compensation from their insurance policy.

How is fault determined in a Knoxville car accident?

After an accident, an insurance adjuster investigates the case to establish who caused the accident. They do this by examining evidence like police reports, witness statements, photos, and sometimes footage from traffic or security cameras. The adjuster’s job is to decide who was at fault for the accident, as well as to what degree.

In some cases, like if a driver ran a red light and crashed into you, the fault may seem clear-cut. However, in many other situations, the causes of an accident can be more complicated. Fault could be shared between drivers, or factors like road conditions or vehicle malfunctions may play a part. If multiple parties share blame for the accident, Tennessee’s comparative negligence rule can help sort things out.

Comparative Negligence in Tennessee

Tennessee follows a modified comparative negligence rule, allowing injured parties to recover damages even if they’re partially at fault – however, only up to a certain point. Under this comparative negligence rule, if you’re 49% or less at fault for the accident, you can still receive compensation. However, the amount of your recovery will be reduced by your percentage of fault. If you’re found to be 50% or more at fault, you are barred from recovering damages.

For example – let’s say you were injured in a car accident where the other driver ran a stop sign, but you were also slightly speeding. The court determines that you’re 20% at fault for speeding, while the other driver is 80% percent at fault for running the stop sign. In this case, if you had $10,000 in damages, you’re eligible to recover $8,000. This is your $10,000 in damages minus 20% for your share of the fault.

Tennessee’s 50% bar rule

When pursuing a Knoxville car accident claim, you should also understand Tennessee’s 50% bar rule. Under this rule, if you’re found to be 50% or more at fault for the accident, you’re not entitled to any compensation. So, proving that the other party was primarily responsible is key. Insurance companies know this rule, too, and could argue that you were 50% or more at fault to avoid paying out your claim.

This is why working with the car accident attorneys at Banks & Jones can be so helpful. Our lawyers can help gather evidence, negotiate with insurance companies, and work to demonstrate that your percentage of fault is accurate and you secure the compensation to which you’re entitled.

Insurance companies and comparative fault

Insurance companies are also familiar with Tennessee’s fault laws, and they may use them to reduce the amount they have to pay. It’s not uncommon to hear of adjusters trying to assign as much blame as possible to reduce your payout. This is especially true in cases where primary liability is unclear or where there’s shared fault.

For example, an insurance adjuster might argue that you were distracted or didn’t take enough action to avoid the accident that caused you injuries. They might question your actions or even suggest that your injuries are exaggerated. Remember, it’s their job to save money for the insurance company, which means minimizing your compensation.

How to seek compensation for a Knoxville car accident

If you’re injured in a car accident due to someone else’s negligence, you have several options for seeking compensation:

• File a claim with the at-fault’s driver’s insurance. This is the most common course of action. You file a claim with the other driver’s insurance company, and they evaluate it to determine fault and assess your damages. If fault is clear-cut, and there’s adequate insurance coverage, this might be all you need to secure compensation for your damages.
• File a claim with your own insurance. If the at-fault driver doesn’t have enough insurance or is uninsured, you may turn to your own insurance policy for additional coverage. Uninsured or underinsured motorist coverage can help fill in these gaps.
• File a lawsuit. If the insurance company refuses to pay, or if they dispute the extent of your injuries and damages, you may decide to file a lawsuit against the at-fault driver. Sometimes, this is necessary to get the compensation you’re owed, especially in cases with severe injuries or where fault is contested.

What types of damages can I recover after a Knoxville car accident?

If you’re injured in a car accident, you have the right to seek various types of damages. These generally fall into three categories:

• Economic damages. These damages include medical expenses, lost wages, or vehicle repair costs. Economic damages are typically straightforward and compensate you for the real financial losses you’ve suffered as a result of the accident.
• Non-economic damages. These damages are a bit harder to quantify and include compensation for things like pain and suffering, emotional distress, and loss of enjoyment of life. They are meant to cover the less tangible effects of the accident on your quality of life.
• Punitive damages. Punitive damages are rare and are only awarded in cases where the at-fault driver’s behavior was particularly reckless or malicious. For example, if the other driver was extremely intoxicated and caused a serious accident, the court may award punitive damages to punish the offender and deter similar behavior in the future.

Don’t forget to act quickly

Tennessee has a time limit for filing a lawsuit after a car accident. This is called the statute of limitations, and it’s generally one year from the date of the accident or your injuries. If you fail to file within this period, you could lose your right to seek compensation. Acting quickly lets your attorney gather information while it’s still fresh, speak to witnesses, and build the strongest possible case on your behalf.

If you or a loved one were injured in a car accident and need help, talk to the Knoxville car accident attorneys at Banks & Jones today. With our guidance, you can focus on healing while we focus on achieving the best possible outcome for your case. Contact us today for a free consultation, and take the first step toward getting the justice and recovery you deserve.