A Tennessee Personal Injury Attorney Will Explain How Comparative Fault Works
Accidents are one of the most common causes of death and disability in the US, and the statistics show how often these tragic incidents happen. According to theNational Safety Council (NSC), almost 225,000 people were killed, and 62 million victims suffered injuries in accidents in 2021. These figures cover a wide range of incidents, including auto, truck, and motorcycle crashes, slips and falls, dog bites, pedestrian, and bicycle accidents, and more. Considering the massive losses you could suffer; it is encouraging to know that Tennessee personal injury laws provide you with legal options.
The theory of liability that applies to most accident cases is negligence, in which you must prove that the at-fault party breached the standard of care. However, the conduct of the injured victim is also subject to these same principles under the rule of comparative fault. There can be serious implications for your claim, so retaining aNashville personal injury lawyer should be a top priority. Some background will also explain what happens if you are partially at fault for an accident.
Basics on Comparative Fault
In an accident case based upon negligence, a victim must prove four elements:
- Another party owed you a duty of care.
- That person or entity breached the duty of care by engaging in unsafe conduct.
- The breach of duty was the direct cause of the accident in which you were injured.
- You suffered losses because of your injuries.
Still, though you might have evidence to support these elements, personal injury laws will turn the focus on a victim’s actions in an accident. If you also engaged in unsafe conduct, Tennessee’s modified comparative fault rule applies. Your compensation is reduced by the percentage of fault attributable to you, up to 50%. When a victim is more than 50% at fault, they cannot recover any monetary damages.
Examples of Negligence by Victims
To better understand how comparative fault works, it is helpful to review some examples. Your compensation could be affected if:
- You were hurt in a car accident caused by a speeding driver, but you ran a red light moments before.
- A motorist caused a pedestrian accident by texting and driving, but the person on foot was intoxicated.
- You suffered injuries after slipping on a slick floor in a store after ignoring the owner’s sign warning people to stay away.
The most effective strategy for fighting allegations of comparative fault is having solid, credible evidence that the at-fault party was fully responsible. It is important to collect as much information from the scene as possible, including pictures, video, eyewitness accounts, damage to vehicles, and other relevant facts
Discuss Legal Remedies with a Nashville, TN Personal Injury Attorney
For more information on what happens if you are partially at fault for an accident, please call 615-256-0100 orgo online to reach Bednarz Law. We are happy to schedule a free consultation with a Tennessee accident lawyer who will provide additional details.
