You may have played a part in an accident and are uncertain if you can recover compensation for the harm or loss you suffered. The answer to that depends on several factors, such as your level of contribution and the prevailing laws. In some cases, you can recover damages, while in others, you cannot.
Every state has specific laws that play out when drivers share responsibility for a crash. Tennessee follows a modified comparative fault rule which reduces the potential settlement relative to the degree of fault and bars recovery of damages if a party is more than 50% to blame for the crash.
The potential impact on your claim
Suppose you are 40% to blame for a crash, and your damages total $100,000. You can only recover 60%, which amounts to $60,000. However, if you are 51% to blame, you cannot recover anything with your claim.
Determining fault after a crash
Establishing each driver’s degree of responsibility is crucial to the claims process. It is why insurance companies conduct their investigations into the circumstances that led to an accident before settling a claim.
Police reports, driver statements, eyewitness footage and even cell phone tower data can all be used to determine each driver’s role in the crash. Crash experts can sometimes be called in to give an informed opinion and analysis if necessary.
Get the proper representation after an accident
If you or a loved one has been involved in a crash, it is prudent to seek legal counsel as soon as possible. That way, you will be well-represented at every stage of the claims process. It could significantly help your chances of getting a deserving settlement for your car accident claim.