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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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