When someone is injured or killed in a car accident, proving another driver was at fault is crucial when collecting compensation for their injuries, loss, or property damage. Tennessee is a “fault” state, meaning that if a driver is found to be responsible for the accident, they are accountable for the damages or injuries they caused.
Under Tennessee’s comparative negligence rules, fault can be attributed to more than one person. To recover any damages at all, the person must be less than 50% at fault. If they are less than 50% but more than 0% at fault, their compensation will be reduced by the percentage of their fault.
How is Fault Determined?
In some cases, it’s clear who was at fault for the accident. This is common for rear-end collisions or left-turn accidents. However, for other accidents, it can be more complicated to determine which driver caused the crash. Several factors and specific documentation may be used to decide whether negligence caused an accident.
Factors that can determine if a driver was at fault may include:
Police Reports: The police at the scene of a car accident will interview all of the individuals involved in the crash. They will compile this information and their observations from the scene to make their report, which can help determine fault.
Photo evidence: Photos and videos of the accident can provide visual proof of what happened and the extent of the damages that were caused.
Eyewitnesses: Every person involved in the accident will have a different perspective and view of the events leading up to the crash. Additionally, bystanders who watched the accident occur can provide insightful information that can prove who caused the accident.
Traffic Laws: Tennessee’s traffic laws can be consulted to determine if a driver violated any road rules at the time of the accident.
Hospital Records: If someone was severely injured in the accident, their health records can explain what kind of injuries they sustained and prove the extent of them.
Any other relevant evidence or information that can help prove fault.
Need a Personal Injury Attorney?
If you are suffering from injuries sustained in a car accident, and need assistance in obtaining compensation, you should seek help from an experienced Clarksville car accident attorney. At Pete Olson Law, we are dedicated to securing you the compensation you need to cover your injuries and other losses.
Call Pete Olson Law today at for a free consultation regarding your car accident case.