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What happens if I have partial fault in a car accident?

Navigating the aftermath of a car accident in which you share some degree of responsibility can be daunting. But don’t assume you’re out of options if you contributed to the crash—Tennessee allows you to recover damages as long as you’re less than 50% at fault.

Keep reading for more from our Nashville car accident lawyers, then call (615) 220-4180 or contact us online for a free consultation.

partial fault car accident

How Tennessee handles partial fault in car accidents

Tennessee follows a “modified comparative fault” rule outlined in Tennessee Code Annotated section 29-11-103. This statute allows you to recover damages if you are less than 50% responsible for the accident. However, your compensation will be reduced by the percentage of your fault. For example, if you are found 30% at fault for an accident and the total damages amount to $100,000, you would be eligible to receive $70,000.

The importance of determining fault accurately

Determining fault is a critical aspect of the insurance claims process following a partial-fault car accident. Insurance companies conduct their own investigations to ascertain each party’s level of responsibility. It’s crucial to provide accurate and honest information during this process, as discrepancies can affect the outcome of your claim.

Weir & Kestner’s approach to handling partial fault car accident claims

At Weir & Kestner Injury Lawyers, we understand the complexities involved in partial-fault car accidents and strive to ensure you feel connected to your case at all times. Our experienced legal team ensures that the fault is assessed fairly and that our client’s rights are defended. We work closely with accident reconstruction experts, witness testimonies, and other relevant evidence to build a robust representation of the incident.

Gathering evidence to support your claim

In the wake of a partial fault car accident, gathering comprehensive evidence is crucial. This includes photos of the accident scene, witness statements, police reports, and available video footage. Documenting your injuries and keeping a detailed record of medical treatments and related expenses is vital. This documentation helps Weir & Kestner Injury Lawyers to effectively advocate on your behalf, aiming to minimize your fault and maximize your compensation.

Legal representation by Weir & Kestner

Choosing the right legal representation can significantly affect the outcome of your case. At Weir & Kestner, we pride ourselves on our compassionate approach and our relentless pursuit of justice for our clients. We understand the stress and uncertainty that follows being involved in a partial-fault car accident and are here to guide you through each step of the legal process.

Weir & Kestner is here to provide expert legal guidance

If you are involved in a partial-fault car accident, it is in your best interest to consult with a knowledgeable attorney who can provide guidance based on the specifics of your case. Contact Weir & Kestner Injury Lawyers today for a comprehensive evaluation of your case. Let us help you navigate the complexities of your accident with the dedication and expertise you deserve.

Navigating a partial fault car accident requires a detailed understanding of Tennessee’s comparative fault laws and a strategic approach to managing your claim. With the right support and legal expertise, you can ensure your rights are protected and receive the fairest possible outcome.


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At Weir & Kestner Injury Lawyers, we are committed to providing the best possible client experience. Fill out our contact form below to schedule your free consultation today.



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