The dust has settled after a car accident, and a single question looms: Who pays for the damage and injuries?
For many Tennessee drivers, the answer isn’t simple. What happens if you were going a little over the speed limit? Or if you didn’t use your blinker before making that left turn? Suddenly, it’s not just about what the other driver did—it’s about what role you may have played too.
This is where comparative negligence comes in. It’s the legal system Tennessee uses to decide who is financially responsible for an accident—and by how much.
In this article, we’ll explain how comparative negligence works, how it affects your compensation, and what you need to do after a crash to protect your rights.
What Is Comparative Negligence?
At its core, comparative negligence is a system for dividing responsibility after an accident. Instead of one driver being “100% at fault,” the law recognizes that fault is often shared.
Here’s how it works:
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Each party in an accident is assigned a percentage of fault.
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Your compensation is reduced by that percentage.
For example, if your damages are $20,000 but you are found 20% at fault, you will only receive $16,000.
This ensures that you’re held accountable for your share of the accident—but not punished beyond that.
The Two Types of Comparative Negligence in the U.S.
Across the country, states follow one of two main systems of comparative negligence:
Pure Comparative Negligence
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You can recover damages even if you were 99% at fault, as long as you weren’t 100% responsible.
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Example: If you suffered $10,000 in damages but were 90% at fault, you could still recover $1,000.
Modified Comparative Negligence
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You can only recover damages if your share of fault is below a certain threshold.
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Two versions exist:
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50% Rule: You cannot recover anything if you are 50% or more at fault.
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51% Rule: You cannot recover anything if you are 51% or more at fault.
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Most states—including Tennessee—follow the modified system, which we’ll break down next.
How Tennessee’s Comparative Negligence Law Works
Tennessee follows the 50% Modified Comparative Negligence Rule.
This means:
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You can recover damages as long as you are less than 50% at fault.
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If you are 50% or more at fault, you cannot recover any compensation.
Example in Action
Let’s say you are in a crash and suffer $20,000 in damages:
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If you’re found 25% at fault, your recovery will be reduced by that amount. You’d receive $15,000.
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If you’re found 49% at fault, you could still recover $10,200.
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But if you’re found 50% at fault, you get nothing under Tennessee law.
That 1% difference can be the deciding factor in whether you walk away with compensation—or not.
What to Do After a Car Accident in Tennessee
Because Tennessee follows the 50% rule, protecting yourself after a crash is crucial. Insurance companies will often try to push more blame onto you to reduce or eliminate your claim.
Here are steps you should take:
1. Document Everything
Take pictures of the accident scene, vehicle damage, skid marks, traffic signals, and injuries. Collect contact information from witnesses. Keep every medical record and receipt tied to the accident.
2. Don’t Admit Fault
Even saying “I’m sorry” at the scene can be twisted into an admission of fault. Let the investigation determine liability.
3. Be Cautious with Insurance Adjusters
Insurance companies will ask leading questions to shift blame. Never give a recorded statement without first consulting an attorney.
4. Seek Medical Attention
Even if you feel fine, get checked by a doctor. Some injuries, like concussions or soft-tissue injuries, don’t show symptoms right away but can severely impact your claim.
5. Call an Attorney
A skilled Tennessee car accident lawyer will investigate, gather expert testimony, and push back against insurance companies that want to undervalue or deny your claim.
Speak to a Car Accident Attorney in Tennessee
Car accidents are confusing enough without the added stress of figuring out who was at fault—and by how much.
Tennessee’s comparative negligence rule means your compensation depends directly on proving that you were less than 50% responsible.
Understanding this law is the first step toward protecting your rights, but putting it into action often requires the help of a skilled attorney.
At Davis Legal, we’ve helped countless Tennessee car accident victims fight back against insurance companies and secure the compensation they deserve. We know how comparative negligence works—and how insurers try to use it against you.
If you’ve been hurt in a car accident, don’t leave your future in the hands of an adjuster. Our team will investigate your crash, protect your rights, and fight for the maximum compensation available under Tennessee law.
Call Davis Legal today to request a consultation. You pay nothing unless we win your case. Let us fight for your recovery while you focus on healing.
