Comparative Negligence in Nashville Car Accident Claims

After a car accident, one of the most important factors that can affect your compensation is fault. Tennessee follows a comparative negligence system, meaning that more than one person can share responsibility for a crash.

Understanding how comparative negligence in Nashville car accident claims works—and how it impacts your claim—is essential to protecting your rights. A seasoned car crash attorney at Ponce Law can explain your legal options and help you pursue the compensation you deserve.

How Does Comparative Negligence Work?

Under Tennessee law, comparative negligence allows injured people to recover compensation even if they are partially at fault for a crash—up to a point. You can seek damages as long as you are less than 50 percent responsible for the accident, but you can only recover to the extent of the other party’s responsibility.

Comparative negligence often plays a major role in Nashville car accident claims because insurance companies may try to shift more blame onto the victim to reduce their payout. That is why having an experienced attorney who understands Tennessee’s negligence laws can make a big difference in the outcome of your case.

Apportioning Responsibility in a Car Wreck

Proving fault in a car accident is not always straightforward. Multiple parties—such as other drivers, vehicle owners, or even government agencies responsible for maintaining the roads—can share blame.

Your lawyer will collect and analyze key evidence to determine who was truly responsible for your car accident in Nashville and whether comparative negligence applies. This may include:

  • Police accident reports
  • Traffic camera or RoadProof footage (from our exclusive TDOT access)
  • Photos of the crash scene and vehicle damage
  • Eyewitness statements
  • Cell phone records, if distracted driving was involved
  • Expert reconstruction of the collision

At Ponce Law, we take the time to thoroughly investigate every case. Our attorneys know how to challenge insurers’ attempts to unfairly assign blame, ensuring your side of the story is clearly presented.

Protecting Your Rights in a Car Accident Claim

Insurance companies often use the comparative negligence rule to their advantage after a car accident in Nashville. Their goal is to minimize how much they pay out, so they may argue that your own actions contributed to the crash—such as speeding slightly, changing lanes too quickly, or failing to signal.

Even small accusations of fault can significantly reduce the amount of money you receive. For this reason, it is crucial to avoid making statements to the insurance adjuster before speaking with your attorney. Your lawyer can handle all communication, negotiate for a fair settlement, and ensure you do not say anything that might be misinterpreted or used against you.

To succeed in your auto collision case, your lawyer must show that the other driver’s negligence was greater than your own. This requires a detailed understanding of how to gather and present evidence.

Speak With a Nashville Attorney About the Role of Comparative Negligence in Your Car Accident Case

If you are worried that you may share some fault for your crash, do not assume you cannot recover compensation. A skilled lawyer at Ponce Law can review your case, explain how comparative negligence in Nashville car accident claims works, and help you fight for a fair outcome.

Our firm is proud to be part of the Middle Tennessee community. We are the only personal injury law firm in the region to receive the Better Business Bureau Torch Award for ethical commerce, and we have been repeatedly voted Nashville’s Best Law Firm by The Tennessean’s Best of Music City Awards.

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