July 3, 2023

Is Tennessee A No-Fault State?

When you or a loved one has been seriously injured in an auto accident due to an at-fault driver in the state of Tennessee, you are likely wondering if you could be entitled to compensation. There is some important information to consider when determining how to proceed if you hope to seek compensation from the other driver involved. In many states that follow at-fault laws, negligent drivers may be held legally responsible for the property damage and medical expenses of injury victims. Other states use a different system for the way car insurance policies cover drivers.

One of the most important details to know when you have been involved in a car accident is whether the laws applying to auto insurance in the state in which the accident occurred are defined. Many states in the USA are referred to as being at fault states, which means that determining fault among the drivers involved in the auto accident is an important factor. The driver who is found to have caused the motor vehicle crash is held financially responsible and therefore required to cover damages to the other drivers involved as well as their injured passengers. Some states use a no-fault system, which means each driver’s own insurance policy covers financial losses, including property damage and medical bills. 

In the state of Tennessee, receiving the compensation you deserve from a serious motor vehicle accident depends on determining which was the at-fault driver. This is not a no-fault state when it comes to serious car accident claims. Proving fault in some cases can be a challenging feat to navigate so be sure you seek out the experienced attorneys at Meyers Injury Law today to assess your case. Doing so will give you the best possible chance to obtain compensation. Call an experienced Nashville personal injury attorney today for your free consultation.

Crashed blue car

Comparative Negligence

When a car accident resulting in vehicle damage and bodily injury occurs in Tennessee, comparative negligence is the standard for determining fault. Each driver involved in a car accident is decided by a share of responsibility for the crash. The accident report and at times, further investigation, will determine what percentage of blame each driver holds regarding the accident. The share of blame assigned to each driver shows how their negligence contributed to the accident compared to the other drivers involved. These at fault laws mean Tennessee operates in such a way so that any driver found to be 50% or more at fault cannot obtain compensation for damages in a personal injury suit brought against the drivers found to be less at fault. If two drivers are found to be equally at fault, neither has the right to recover compensation upon filing an insurance claim with the other party’s auto insurance policy.

Proving Fault

The burden to prove negligence after an accident is required in order to determine which driver holds responsibility for property damage as well as pain and suffering. It is considered reasonable that drivers are expected to take careful measures in order to be sure themselves, their own passengers, as well as drivers and passengers in other vehicles, will not be harmed. These choices include good habits such as driving within posted speed limit ranges, following the laws involving other street directions such as stop signs, and avoiding distracted driving.

When a negligent driver ignores their responsibility to take these and other safety measures, at-fault states such as Tennessee will hold that driver responsible for the physical pain others suffer from as a result of any accident caused by their negligence. Property loss is another consideration that an at-fault driver will need to compensate the victims of an accident for. The key to a successful personal injury case in an at-fault state is proving that the other driver caused losses by holding at least 51% of the blame for the accident occurring.


Protecting your Rights

High on your list of priorities following a car accident in which you have experienced property loss and suffered injuries is probably finding a way to recover lost income that resulted from being seriously injured. Some of the compensation you could be entitled to may be recovered for your lost wages. As the medical bills start piling up right alongside all your everyday expenses that still require attention, you will see how necessary it will be to file a claim and begin the process of seeking compensation from the at-fault driver’s insurer.

Always seek the assistance of police following a serious motor accident to file a proper accident report. Seeking medical treatment, if necessary, is also a must. It could be a much greater challenge to obtain compensation if you choose to skip either of these vital steps following a serious car accident. Reporting car accidents to your own insurance company as soon as possible is an important step for being sure things will be addressed in a timely manner and can help avoid a problem such as your concerns falling through the cracks and you missing out on deserved compensation. 

Feeling overwhelmed and confused following a car crash is a very normal and common experience. Sometimes car accident victims do not immediately realize the damage that has been done to their own property, and it can take some time for the extent of physical pain to be readily apparent. 

How We Can Help

When it comes time to recover damages after being rear-ended or involved in more serious auto accidents, choose the accident attorney who knows about the rights of Tennessee drivers. The emotional distress, pain, and suffering an injured driver experiences deserves the compensation a well-fought personal injury lawsuit can achieve. You need a well-experienced car accident attorney to help you navigate the various aspects of your personal injury claim so you have the best chance to recover the compensation you may be entitled to. If you are seeking legal representation after an auto accident, don’t hesitate to call Meyers Injury Law for your free consultation today.

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