What is modified comparative negligence, and how will it affect my car accident claim?

The details of every car accident are unique, and these details become significant when you are trying to recover for your losses after a car accident. If you were partially at fault for your accident—or if the at-fault driver is wrongly attempting to place blame on you—it’s important to understand how Tennessee’s modified comparative negligence rule may affect your claim and how an attorney can help you maximize your recovery.

The 50% Rule

Tennessee imposes the modified comparative negligence method on car accident cases, using the 50% rule. This means:

  • It’s still possible for you to recover for injuries and damages if you are 49% or less at fault for your own accident.
  • A judge or jury will assign you a percentage of fault based on the facts of your case.
  • You may recover an appropriate monetary amount based on your percentage of fault.

If a judge or jury finds you to be 50% or more at fault for an accident, you will be unable to recover compensation for any injuries or damages you sustained.

Determining Negligence

Comparative negligence

Fault is not always easily determined in a car accident case, but evidence from your crash scene, the police report, and witness statements may help you and your attorney accurately place blame on the at-fault party. To determine negligence and decrease your percentage of liability, your attorney will show that:

  • The other driver was negligent in some way
  • The other driver’s negligence caused the crash
  • That crash led directly to your bodily injury and property damages

Your attorney may also use this evidence to show that you acted appropriately and as necessary to protect yourself and your property.

We’ll Answer Your Questions

If you’ve recently been in an auto accident and feel concerned about your involvement and potential recovery, you need to speak with an attorney. The Holton Law Firm is here to listen to your concerns, prepare you for what comes next, and represent you. To speak with a member of our team, fill out the online contact form on our website today.