In a car crash involving two or more vehicles, the driver who is at fault will be held liable for damages. It’s an important concept because in Tennessee, drivers who are in an accident pay according to who is at fault. Suppose you are rear-ended. Your damages are $1,000. The other driver says that your rear brake lights were out. The insurance adjuster decides that you were partially to blame, at 30 percent responsible. You would only be able to claim 70 percent ($700) of the damages from the other driver or the insurance company.
Determining fault is a complicated process. Police officers or other law enforcement responders are not the ones who make that call. The officer who responds to your accident simply writes the report of what happened. Although the officer may make statements about fault, such as if one driver had been drinking or speeding, usually, the person who determines which driver is at fault is the insurance adjuster. If a case goes to trial, then it would be the judge or jury that determines fault.
Sometimes, it is very clear who is at fault in an accident. For example, a drunk driver hits your car, or you get rear-ended. Typically, left-turn accidents are almost always the fault of the driver who is making the turn. Then again, there are always exceptions to the rule. Maybe the driver who was going straight ran a red light or was texting.
Typically, insurance companies will take into account the police report and state laws to determine fault. All of the available evidence will be examined, such as witness statements or admissions of guilt.
Under Tennessee’s comparative negligence rule, only the person who is 50 percent or less at fault can be compensated. If both parties are considered to be at equal fault, then neither party would receive anything from the other person’s insurance. You would rely on your own insurance to cover your damages.
If you’ve been in an accident where both drivers have been at equal fault, you can certainly accept the insurance company’s assessment and move on. However, if you believe the other driver should be held more at fault, you can talk to an attorney about proving your case.
If you decide to file a lawsuit against the other driver, you should know that there is a statute of limitations for personal injury lawsuits. In Knoxville, you have up to one year to file a suit for your injuries. For property damage, the statute of limitations is three years.
