Can I Sue If I Was Partially at Fault in Tennessee?

After an accident, many wonder, “Can I still sue if I was partly at fault?” In Tennessee, the answer is yes. Under the state’s modified comparative negligence rule, you can seek compensation even if you share some responsibility. Understanding how partial fault works is crucial, whether it is a car crash, a slip-and-fall accident, or another type of incident. It can impact your ability to recover damages and how much you receive. Here’s how the court assigns fault, how it affects your claim, and what steps to take when dealing with a partial fault personal injury claim.

What Is Modified Comparative Negligence in Tennessee?

Tennessee follows a modified comparative negligence rule with a 50 percent fault bar, established in McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) and codified in Tenn. Code Ann. § 29‑11‑103. You can recover damages only if you’re less than 50 percent at fault. If you’re found 50 percent or more responsible, you get nothing. Your percentage of fault reduces your compensation – for example, if your damages total $100,000 and you’re 20 percent at fault, you can recover $80,000. Unlike pure comparative negligence states, Tennessee’s system draws a firm line while aiming for fairness. So you might wonder, Can I file a personal injury claim if I was partially at fault?

Common Scenarios Where Partial Fault May Apply

Every accident is different, but many involve shared blame. These examples show how partial-fault personal injury claims can arise in various situations.

Motor Vehicle Accidents

Imagine you are in a rear-end collision where you were texting at a stoplight and did not move forward in time, while the driver behind you was speeding and could not stop. Even though you were distracted, their excessive speed played a role, and a jury might assign 30 percent of the fault to you and 70 percent to the other driver. Scenarios like this are common in Tennessee accident lawsuits, where fault is rarely one-sided, so having legal representation is so important – your attorney can investigate and push for a fair apportionment of fault.

Slip-and-Falls

If you slipped on a wet grocery store floor without warning, even if you were wearing unstable footwear such as stilettos on a rainy day, you could share some of the blame, even if the store failed to clean up or warn customers promptly. In situations like this, courts often consider what a “reasonable person” would have done and divide fault based on each party’s actions.

Pedestrian Injuries

Pedestrians usually have the right of way, but not always. If you crossed outside a marked crosswalk or against a signal and were hit by a vehicle, you may be partially at fault. However, if the driver was speeding or distracted, they may still bear most of the responsibility. In pedestrian accident claims, contributory fault is often argued, with the defense aiming to reduce their liability by claiming your actions contributed to the incident.

Workplace or Construction Site Accidents

Some work-related injuries involve third-party negligence, such as the use of defective equipment or the actions of negligent subcontractors. If you failed to follow safety protocols, but another party’s actions created the hazard, shared liability could apply. Even though Tennessee workers’ compensation operates under separate rules, you might still have a third-party claim impacted by proportionate fault.

Understanding how fault is divided in these scenarios highlights the importance of having a knowledgeable attorney who can protect your rights and ensure liability is assigned reasonably.

How Fault Affects Your Compensation

If you are partially at fault, your financial recovery is directly impacted. Courts and insurance companies use your percentage of fault to adjust the amount you can receive.

• Jury Assignment of Fault – In court, juries assign fault based on the evidence, and if you are found partially responsible, your compensation is reduced accordingly – a concept known as compensation reduction. For example, if you are found 10 percent at fault, you can recover 90 percent of your total losses; however, if you are found to be 50 percent or more at fault, you recover nothing. This reduction applies to both economic and non-economic damages.
• Insurance Negotiations – Even before a case reaches court, fault plays a significant role in insurance negotiations, as adjusters often try to shift more blame onto you to justify offering less compensation or denying your claim entirely. Strong legal guidance is crucial in countering these tactics. An experienced attorney can utilize witness statements, expert reports, and other evidence to safeguard your rights and advocate for a fair outcome.
• Settlement Leverage – When the fault is in question, it often becomes a negotiation tool. The more evidence you have that supports a lower percentage of fault, the more leverage you will have in settlement talks. The goal is to limit your exposure to blame and maximize your financial recovery.

Ultimately, the clearer and stronger your case is on fault. The better positioned you are to secure a fair settlement or verdict that reflects the true extent of your losses.

What to Do If You Think You Were Partially at Fault

A common mistake is assuming you do not have a case because you might have made an error. Tennessee law does not expect perfection – it considers context.

Even if you were somewhat responsible, you should still speak to an attorney. Why? Because:

• You may be less at fault than you think.
• Evidence could shift the blame toward the other party.
• Legal teams can fight unfair blame assignments.

Accident scenes are often chaotic, and memories fade quickly. The sooner you take legal action, the stronger your case may be. Acting also helps preserve critical evidence, such as traffic camera footage, photos, or safety records, promptly.

Remember, Tennessee law generally gives you only one year from the date of the injury to file a personal injury claim, and that deadline can come up fast.

When to Call a Personal Injury Lawyer

If you suffered an injury and think your case might involve partial fault, do not wait to get legal help. Talk to a team that knows Tennessee’s modified comparative negligence laws. Which has experience handling shared liability personal injury cases in Tennessee. At Gatti, Keltner, Bienvenu & Montesi, PLC, we have helped clients across Memphis and the Mid-South pursue compensation, even when fault was in question.

We utilize expert analysis, crash reconstructions, and detailed investigations to minimize your fault percentage and build a strong case. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call (901) 526-2126 for a free consultation or send us a message. We will walk you through what happened, explain your options, and help you every step of the way.

Related Post

Personal Injury Case Timelines: From Accident to Settlement

How Car Accident Settlements Work