Following a car accident, it is crucial to establish fault. Although it may be difficult to discern who is to blame for a collision, the allocation of fault plays a major role in determining whether a victim can recover monetary compensation for their damages if they bear any degree of fault for the cause of the collision. Each state follows a different negligence system when awarding damages after a car accident. Depending on which doctrine your state adopts, your ability to recover compensation for your economic and non-economic damages may be diminished if you contributed to the cause of the accident in any way. Your state may follow comparative negligence or contributory negligence rules when determining the recovery of funds if a victim bears some percentage of negligence. Keep reading to learn whether Tennessee observes the comparative negligence doctrine and discover how a trusted Memphis Car Accident Lawyer can help you seek reasonable compensation for your damages.
How does contributory negligence work?
Only a handful of states observe the contributory negligence doctrine. Those injured in a car accident in contributory negligence states lose the ability to recover compensation if they bear any degree of fault for the cause of an accident. If victims if found even just 1% to blame for the cause of an accident while the other party is 99% to blame, they will be barred from receiving financial compensation for their losses.
How does comparative negligence work?
Like many states, Tennessee adopts the comparative negligence doctrine when awarding damages after a car accident. States can either observe pure comparative negligence or modified comparative negligence rules. Under a pure comparative negligence system, a victim can recover monetary compensation for their damages despite having been partially at fault for the cause of a collision. However, their award would be reduced by their percentage of fault. For instance, if a victim was 30% at fault for the accident, their award would be reduced by 30%. Therefore, they would only be able to recover 70% of their losses. Tennessee is a modified comparative negligence state. Under a modified comparative negligence system, a victim can only recover monetary compensation for their damages if their negligence for the cause of the accident is less than the other party’s negligence. If a victim is more than 50% at fault for an accident they will be barred from receiving compensation for their damages. However, if they are less than 50% at fault for the cause of the collision, they can recover compensation but their award will be reduced by their percentage of fault. It is imperative to understand which doctrine your state follows as it can affect your ability to recover monetary compensation for your economic and non-economic damages after an accident if you bear any degree of fault for the cause of the accident.
For more information on how the comparative negligence doctrine may affect your car accident case, contact an experienced Memphis car accident lawyer. Our firm will work tirelessly to help you get the justice you deserve.