If someone told you, “You were partly at fault, so you can’t recover anything,” that’s not necessarily true in Tennessee. Our state uses a modified comparative fault system. Depending on your percentage of fault, you may still recover a meaningful settlement.
This article breaks down the 50% rule with simple examples and explains how insurers and juries decide fault.
The 50% Rule in Plain English
- If you are 49% or less at fault, you can recover damages — your award is reduced by your percentage of fault.
- If you are 50% or more at fault, you cannot recover from the other driver.
This rule is set out in Tennessee law (Tenn. Code Ann. § 29-11-103).
Quick Math: What Recovery Might Look Like
These simplified examples show how percentages change outcomes. Actual results depend on evidence and case facts.
- 25% at fault — Damages: $80,000 → Recover: $60,000
- 49% at fault — Damages: $120,000 → Recover: $61,200
- 51% at fault — Damages: $90,000 → Recover: $0 (barred)
Who Decides Your Percentage?
There are two common stages:
- Insurance Claim Stage Adjusters review statements, photos, repair estimates, and the police report to assign a percentage. Their number is negotiable, especially if you supply stronger evidence or point out errors.
- Lawsuit/Trial Stage If the case doesn’t settle, a jury decides fault after hearing testimony and reviewing evidence. Jurors apply Tennessee’s civil jury instructions on negligence and causation when assigning percentages.
What Evidence Can Move the Needle
If your initial percentage feels unfair, focus on objective proof:
- Clear scene photos and video (dashcam, traffic cameras, storefront cameras)
- Witness statements, 911 audio, and accurate diagrams
- Vehicle data (EDR or “black box”) and skid mark measurements
- Medical records that show timing and severity of injuries
- Accident reconstruction or human factors expert opinions
Common Myths (And the Truth)
- “The police officer said it was my fault, so I’m stuck.” Police reports are important evidence, but they do not legally decide civil fault. Insurers and juries make their own determinations.
- “If I was cited, I can’t recover.” A citation can influence a case, but recovery still depends on total fault assigned. Someone else may carry the majority share.
- “If I share any blame, a lawsuit isn’t worth it.” Many strong cases involve some shared fault. The key is whether you’re under 50% and how well your damages are documented.
Practical Steps If You’re Partly at Fault
- Get a copy of the police report and review it for accuracy.
- Gather photos, repair estimates, and medical records in one place.
- Avoid casual statements to insurers that can be taken out of context.
- Ask for the basis of the insurer’s percentage and challenge errors with evidence.
- Consider legal help early to protect your rights and timeline.
Citations and References
- Tennessee’s comparative fault rule: Tenn. Code Ann. § 29-11-103.
- Tennessee Department of Safety & Homeland Security — Crash reporting and safety resources: https://www.tn.gov/safety.html
We’re Here to Help
If you were injured in a car, truck, or motorcycle accident — even if someone says you were partly at fault — don’t give up. Tennessee’s 50% rule means you may still recover significant compensation for your medical bills, lost wages, and pain and suffering.
Our team at Stillman & Friedland helps injury victims across Tennessee understand their rights, protect their claims, and deal with insurance companies that try to shift blame.
Call 615-244-2111 or reach out through our online contact form. We’ll listen, explain your options, and help you take the next step toward recovery.
Because we care,
Stillman & Friedland
