Some collision scenarios are clear-cut. One driver obviously broke the law or did something so negligent that they are fully to blame for the crash. Other times, it is possible for everyone involved in the incident to have a degree of fault. Failing to decelerate quickly enough, choosing not to use a turn signal and a host of other minor traffic choices can play a role in causing or worsening collisions.
Can an injured motorist who was partially responsible for a crash still file a lawsuit seeking compensation from the other party involved in the incident?
Partial fault can complicate lawsuits
Being partially to blame for a crash does not completely eliminate eligibility for personal injury compensation. Instead, plaintiffs may need to prove that they have a right to compensation under the state’s modified comparative fault rule.
Comparative fault involves assigning a percentage of fault to each of the parties involved in a crash. Every state has a different standard established by statutes or prior court cases governing such claims. In Tennessee, a 50% rule applies. Provided that the plaintiff is less than 50% at fault for a collision, they can still hold the other driver who is more at fault responsible.
The primary difference in such cases is that the courts can reduce the compensation awarded based on the defendant’s percentage of fault. A motorist designated 30% to blame for a collision may ultimately only receive 70% of the damages awarded to them in a lawsuit.
Seeking personal injury compensation in complicated scenarios often requires the support of a legal professional. Those with partial fault for a crash may need help understanding their rights and preparing for litigation in civil court, and that’s okay.