After a car accident in Memphis, one of the most critical questions is: who caused the crash? The answer impacts everything from your insurance claim to your right to compensation for injuries. How is fault determined in a car accident? Figuring out fault isn’t always easy, especially in accidents involving multiple drivers, but knowing the basic rules and steps to take can help you protect your rights.
How Is Fault Determined in a Car Accident?
Generally, the driver responsible for causing the accident is considered “at fault.” Fault is based on negligence, meaning a driver did not act with reasonable care and caution. Examples of negligent driving behaviors include:
Sometimes, more than one driver shares the blame for an accident. Under Tennessee Code § 20-1-119, you can still recover compensation as long as you are less than 50 percent at fault. However, your assigned percentage of fault will reduce your damages.
Law enforcement, insurance companies, and the courts all look at the available evidence to decide fault after a crash. The driver they believe acted most negligently will typically bear responsibility for the accident.
Contact Our Firm Today
Start With a Free, No
Obligation Consultation
How to Prove Fault in a Car Accident
Building a strong case is essential to proving the other driver caused the auto accident that injured you. Evidence that can help show fault includes:
- Police accident reports
- Photos and video footage of the scene of the accident
- Eyewitness statements of the accident occurred
- Traffic camera recordings of the parties involved
- Vehicle damage reports
- Data from the vehicles’ electronic control modules
- Cell phone records (if you suspect distracted driving)
- DUI test results (if impaired driving is involved)
Insurance Fault Determination Rules
In Tennessee, the insurance company for each driver involved in an accident investigates to determine fault. Claims adjusters apply specific fault determination rules when assessing what happened, such as:
- If one driver violated a traffic law, they are typically at fault.
- A driver turning left is usually at fault for an accident with an oncoming vehicle.
- In a rear-end collision, the driver who hits the car in front is generally at fault.
- A driver merging or changing lanes is often at fault for a crash with a car already in that lane.
These rules serve as guidelines, but the unique facts of each case dictate the final fault decision. Insurance companies consider all available evidence and don’t rely solely on rigid rules.
Get a free case review
today. There’s no fee
unless we win!
What Happens if I’m Found at Fault for a Car Accident?
If an insurance company finds you fully or primarily at fault for an accident, you can challenge that decision with evidence proving the other driver’s negligence. If the fault is clear, your auto insurance will likely cover the damage. However, your premiums may increase, or the insurer may even drop your insurance coverage.
If you are partially at fault, you can still file a claim with the other driver’s insurance for your damages such as medical expenses and medical bills. However, if you are 50 percent responsible or more, you cannot recover anything from the other drive.
How to Read an Accident Report to Determine Fault
After a crash, it’s crucial to get a copy of the police accident report. Tennessee uses a standard form that includes a diagram of the accident and space for the officer’s narrative. The police officer may assign fault in the police report. But, the insurance company’s determination will have a more significant effect on your claim and any legal action that ensues.
To understand what the accident report says about at fault drivers, look at:
- The officer’s description of each driver’s actions
- Any traffic citations issued
- Witness statements
- Points of impact on the vehicle diagrams
- Any mention of traffic law violations, intoxication, or driver distractions
If you disagree with the report, you can present other evidence to show you weren’t at fault. A seasoned car accident attorney can analyze the report and help you build your best case.
Over $500 Million
Recovered on Behalf
of Our Clients
The Role of Comparative Fault in Tennessee Car Accidents
What happens if I’m at fault in a car accident? Don’t know how to tell who is at fault in an accident report? Tennessee is an at fault state, according to its state laws. Comparative fault, also known as comparative negligence, is a legal doctrine that plays a crucial role in determining compensation after car accidents. This principle reduces the amount of compensation a plaintiff can receive by a percentage equal to their share of fault in the accident.
Specifically, Tennessee adheres to a modified comparative fault rule that bars plaintiffs from recovering any compensation if they are found to be 50 percent or more at fault for the accident. This approach aims to allocate damages in a manner that is proportional to each party’s responsibility for the accident.
In practical terms, this means that during a car accident case in Tennessee, the court will review both parties’ actions leading up to the crash and assign a precise degree of fault. For example, if Party A is found to be 30 percent responsible for the accident while Party B is 70 percent at fault, Party A can still recover compensation from Party B, but the court will reduce it by 30 percent. However, if the court found Party A to be 50 percent to blame, Party A loses the right to compensation entirely.
In other words, your degree of fault will determine how much compensation you receive – and you should expect the other side to work hard to push the blame on you. Fight back with the help of an experienced car accident lawyer.
Contact Gatti, Keltner, Bienvenu & Montesi Today to Speak with a Memphis Car Accident Attorney
Don’t know how is fault determined in a car accident? Determining fault in a car accident can be challenging. The other driver may deny responsibility, and the insurance company may unfairly blame you. At Gatti, Keltner, Bienvenu & Montesi, we know how to investigate crashes, gather compelling evidence, and craft strong arguments for the other driver’s fault.
If a Memphis-area crash left you or a loved one injured, contact us today at (901) 526-2126 for a free, no-obligation consultation. Our caring Memphis car accident attorneys can review your case, answer your questions, and talk about your options for compensation. You only pay us if we secure a settlement or win your case in court. Let us deal with the complex fault questions while you focus on healing.
Related Posts:
How Car Accident Settlements Work
Maximizing Insurance Claim Settlements
How to Determine Fault in a Parking Lot Accident
(901) 526-2126
Call Us Now : (901) 526-2126
May 4, 2013
