In many car accidents, the first question you may have is, “Was it my fault?” However, even if you were involved in a partially at-fault car accident, there are several ways that you can still get compensation for your injuries or damages, even if insurance and or a court ruling decides that both parties share liability.
If you hope to protect yourself from allegations of shared fault, make sure you have a reputable Knoxville car accident lawyer from Hotz & Associates, P.C., on your side. This way, you can ensure fault is accurately evaluated in your case and protect your right to compensation for your losses.
How fault is determined in a Knoxville car accident
For a driver to be held responsible for an accident, there must be some violation that they have committed, such as a traffic violation or an act of irresponsibility, such as negligent driving. A traffic violation could be anything from speeding to running a red light.
Your car accident attorney will need to conduct a thorough investigation and review the evidence to determine the cause of the accident. Generally, this includes speaking with witnesses, reviewing traffic cam footage, and analyzing your medical records. Once we have determined how the car accident occurred, we will have a better idea of who is responsible.
Negligent driving is not the only way your injuries could have occurred. Other common causes of car accidents include motor vehicle part malfunctions and defects, inclement weather, and hazardous road conditions. For this reason, there may be multiple parties who share liability for the injuries you sustained.
Tennessee partial fault car accident laws
Tennessee law allows any driver that shares partial responsibility for an accident the right to recover compensation for their damages under modified comparative negligence laws. If the defendant proves that you did something that contributed to the accident or the injuries suffered, the judge and jury must assign you a percentage of fault.
Since Tennessee follows modified comparative negligence laws, as long as your portion of the fault is not greater than 50%, you may still be awarded compensation at a lower rate.
For example, if the courts designated 85% of the blame to the defendant in the accident and 15% of the blame to the victim, then the victim would only recover 85% of their losses. Similarly, if the courts decide that 25% of the liability is yours, you can only expect to recover 75% of your settlement.
A real-life example could include a motorist that was struck by a drunk driver. If this motorist was not wearing their seatbelt, speeding, or committing another traffic violation, the judge might find them partially responsible for their injuries. If they were found 30% liable and awarded $1 million, $300,000 would be deducted from their settlement, leaving them with a payout of $700,000.
Get help from a top-rated car accident lawyer
If you have been the victim of a car accident and you think you may be partially at fault, the experienced lawyers with Hotz & Associates, P.C. can help protect your right to total compensation for your damages. We are skilled in building our clients a solid case and making liable parties pay.
When you are ready to demand justice, but do not know where to turn for help, look no further than a Knoxville car accident lawyer at our firm. Our team offers 100% free, no-obligation consultations to car accident victims across Knoxville and surrounding cities. Take advantage of this opportunity when you fill out our convenient contact form or call our office at (865) 582-0042.