Earlier this month near the Tennessee-Kentucky border, an armored Loomis truck rolled over and ended up in the median. According to a report by NewsChannel5.com, one person was killed as a result of the accident. The truck was allegedly carrying bank documents and there is no indication that private account information was compromised.
In the accident above, there is hardly enough information to determine who was at fault and why the accident happened. However, in Tennessee personal injury law, this is often the case. To help jurors determine who is legally at fault and who should therefore be able to recover from the other party, Tennessee courts use a legal theory called “comparative fault”.
Comparative Fault in Tennessee Personal Injury Cases
The most important factor in many personal injury cases is who was at fault. The comparative fault method assists jurors in their determination by having them assign each party involved in the accident a certain percentage of fault. The party who is less at fault is able to recover from the party who is more at fault.
For example, considering the accident above: if the pedestrian was crossing where he should not have been crossing but the Loomis truck was speeding when the accident occurred, a jury may assign 40% fault to the pedestrian and 60% to the Loomis driver. If the jury determines that the damages to the family of the victim were $1 million, then the family of the victim would be able to recover $600,000 (the amount of the damages reduced by the percent that the victim was at fault).
Limits on Comparative Fault in Tennessee
Tennessee does place limits on a plaintiff’s ability to recover when they are partially at fault. Specifically, that limit is when the plaintiff is more than 49% at fault. If a plaintiff is found to be more than 49% at fault for an accident, that plaintiff is prevented from recovering anything from the other parties involved. Therefore, one of the key tactics in filing a Tennessee person injury claim is to make sure that the victim is found to be less than 49% at fault for the accident.
Have You Been Involved in a Tennessee Car or Truck Accident?
If you have recently been involved in a Tennessee personal injury accident, you may be entitled to monetary compensation, even if you are found to be partially at fault. The key is to retain an experienced Tennessee personal injury attorney because it will remain crucial to your case that you are not found to be more than 49% at fault for the accident. At Matt Hardin Law, we have over 15 years of experience representing injured Tennesseans and know what it takes to recover for our clients. We understand that every accident is a traumatic experience for those involved and we do everything we can to make the legal process as painless as possible. To speak to one of the dedicated Tennessee personal injury lawyers at Matt Hardin Law, contact the firm online, or call 615-200-1111 today.
See Related Blog Posts:
Honda Bike and ATV Safety Questioned, Nashville Injury Lawyer’s Blog, published November 1, 2012.
Meningitis Outbreak: Ten Deaths in Tennessee, Nashville Injury Lawyer’s Blog, published October 25, 2012.