How Tennessee’s Comparative Fault Law Really Works

If you’ve been told you’re “partly at fault” after a crash, you may still have a case in Tennessee. The key is understanding how our comparative fault rule works — and how insurers use it when valuing your claim.

This guide explains Tennessee’s modified comparative fault system in clear terms, with practical examples to help you estimate how fault can affect your compensation.

Tennessee’s Modified Comparative Fault Rule (50% Bar)

Tennessee follows a modified comparative fault system. In plain English:

If you are 50% or more at fault, you cannot recover damages from the other party.
If you are 49% or less at fault, you can recover — but your total damages are reduced by your percentage of fault.

This rule comes from Tennessee’s comparative fault statute: Tenn. Code Ann. § 29-11-103.

How Percentage of Fault Reduces a Settlement

Your compensation is reduced according to your share of fault. Here’s how that plays out:

If your full damages are $100,000 and you’re found 20% at fault, your recovery becomes $80,000.
If you’re 49% at fault, your recovery becomes 51% of your damages.
If you’re 50% or more at fault, you’re barred from recovery against the other party.

This proportional reduction applies whether fault is decided by an insurance company during claims handling or by a jury at trial.

Who Assigns Fault Percentages?

Fault can be assigned at several stages:

Insurance adjusters make an initial determination based on statements, photos, the police report, and other evidence.
Negotiations may shift percentages as new evidence is presented (e.g., traffic camera footage, expert opinions).
Juries decide fault at trial if the case doesn’t settle, using Tennessee’s civil jury instructions on negligence and causation.

Important: An insurance company’s number is not the final word. If an adjuster blames you too much, you can challenge it with better documentation and legal advocacy.

Common Scenarios (With Simple Math)

These examples are for illustration only; every case is different.

Rear-end collision with braking dispute You slowed suddenly to turn; the driver behind says you “stopped short.” Adjuster assigns you 20% fault and the other driver 80%. If your damages are $60,000, your recovery would be $48,000 (80%).
Left turn across oncoming traffic You turned left and were struck by a car going straight that may have been speeding. Fault split: you 40%, other driver 60%. On $90,000 in damages, your recovery is $54,000.
Multi-vehicle crash at an intersection Two drivers dispute a red light; a third is hit. Jury assigns: Driver A 55%, Driver B 35%, Driver C (you) 10%. You could recover 90% of your damages from A and B according to their shares.

What Evidence Affects Fault in Tennessee

The more reliable your proof, the stronger your position when challenging a fault percentage:

Police crash report and diagrams (important, but not conclusive)
Scene photos, dashcam footage, and roadway layout
Witness statements and 911 audio
Vehicle data (EDR/black box) and traffic/surveillance cameras
Medical records tying injuries to the crash
Expert analysis (accident reconstruction, human factors)

Insurers Apply Comparative Fault Early

Adjusters frequently assign a percentage to you early in the process and use it to lower their offer. If you accept that number without pushing back, you might leave money on the table.

Ways to respond:

Ask the adjuster to identify the specific facts supporting their percentage.
Provide clarifying evidence (photos, map with measurements, repair estimates, treatment timelines).
Point out traffic rules, signage, or sightline issues that reduce your share of fault.
Consider legal help to formally challenge their determination.

FAQs

What if I’m exactly 50% at fault?
Under Tennessee’s 50% bar, being at or above 50% fault prevents recovery from the other party.

What if multiple people share fault?
Each party’s percentage is considered, and recoveries are adjusted accordingly. A jury can assign fault to multiple drivers.

Does seatbelt use affect fault?
Seatbelt issues may affect damages and causation arguments but typically do not create fault for causing the crash itself. Discuss specifics with counsel.