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by Staff Blogger | February 4, 2022

After some car accidents, it’s obvious that one driver is 100% liable and the other driver is 100% free from blame. For example, when a driver gets hit by another driver who ran a red light, it’s obvious who caused the crash. But not all crashes have liability that’s as clear cut as that.

Many crashes involve both drivers sharing the blame. However, the blame isn’t always evenly split. An example of a crash where both drivers may be liable is one where both drivers are distracted, but one was also speeding and driving while intoxicated. The second driver is likely to have most of the blame crashed pinned on them, but the other driver will likely be assigned partial fault, too.

If you were recently in a crash and have been assigned partial fault, you can still pursue compensation through Tennessee’s modified comparative negligence system. However, the amount of money you can receive is reduced by your percentage of fault. If your settlement is $10,000 but you are 80% at fault, you will receive only 80% of your settlement, or $8,000.

If you are found to be equally responsible for the crash as the other driver (50/50) or over 51% responsible, you can’t get compensation. This is why it’s important to have an experienced lawyer on your side if you believe your level of fault is too high given the circumstances and evidence.

Ponce Law knows auto accident claims and Tennessee’s modified comparative negligence system. Let our Nashville auto accident attorneys put our experience to work for you. Contact us today for a free consultation.

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    Ponce Law assisted me after a very serious motor vehicle injury. The process, in my opinion, was extremely easy from the get go. I was kept well informed along the way, especially by my paralegal, Jennie Williams. She also responded very urgently whenever I had a question. Also, last minute, attorney Hannah Jones jumped in to assist me with the end of the process and I was extremely pleased with her knowledge and professionalism.

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    I reached out to Ponce Law when my significant other and I were involved in an accident and Progressive denied our claim. Spencer and Jamelia were awesome and very professional with assisting us. After going back and forth with Progressive we were finally able to settle our case. If you have any issues with accident claims please refer to this law office, and ask specifically for Spencer and Jamelia.

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    Ponce Law was so helpful and great my with case. Spencer and his team were with me every step of the way. Would highly recommend them to everyone!

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    Brenda Torres 5 months ago

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    My son was on a school bus… The school bus was hit… He was taken by ambulance to Vanderbilt. A friend of mine, here in town, owns a hair salon. And she had recommended him. So I actually sent Mr. Ponce a message on Facebook. He said he would love to help! And you know, asked me for some more details. And I’ll give them to him. Some things were sent electronically. That I could just go online and do. And it would be done with! Even the times that I have come into the office. I’m not stuck sitting out in the waiting room forever. I’m brought straight back. And within a minute or two… We were already started!

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