Proving Negligence After a Car or Truck Crash in Tennessee

To win a claim after a Tennessee crash, you must prove negligence — that the other driver failed to act reasonably and caused your injuries. This article explains the elements of negligence in plain English and shows the kinds of evidence that make claims stronger.

Negligence is proved with facts, not assumptions. The faster you preserve those facts — photos, witnesses, vehicle data, medical proof — the harder it is for an insurer to shift blame onto you.

The Four Elements of Negligence

Tennessee juries are instructed to consider four core elements when deciding negligence and liability:

Duty — The other driver owed you a duty to use reasonable care (for example, obeying speed limits and traffic signals).
Breach — They breached that duty (e.g., speeding, running a red light, texting while driving).
Causation — The breach caused the crash and your injuries.
Damages — You suffered losses (medical bills, lost wages, pain, etc.).

These concepts align with the Tennessee Pattern Jury Instructions (Civil), which guide courts and juries across the state.

Match Evidence to Each Element

Duty/Breach: Traffic light sequencing, speed estimates, phone records, hours-of-service logs (for trucks), and any citations.
Causation: Crash reconstruction tying impact angles to maneuvers; EDR “black box” data that shows speed/braking seconds before impact.
Damages: Medical records and billing, photos of injuries, employer verification of missed work, and treating doctor opinions linking the crash to your condition.

Everyday Examples of Negligence

Speeding or aggressive driving — Failing to keep a safe speed or following too closely.
Distracted driving — Texting, typing an address, or reaching for items while driving.
Failure to yield — Turning left across traffic or entering from a side street without a clear path.
Impaired driving — Alcohol or drugs affecting reaction time and judgment.
Commercial vehicle rules — Truck drivers and carriers must meet additional safety and maintenance standards; violations can support negligence.

The Evidence That Moves Cases

Strong evidence helps prove fault and protects your recovery against comparative fault reductions:

Photos and videos showing vehicle positions, debris, and skid marks
Dashcam, intersection, or nearby business surveillance footage
911 calls and witness statements confirming what happened
Police report narrative and diagram (helpful, but not conclusive)
Vehicle damage patterns and event data recorders (EDR)
Medical records connecting your injuries to the crash and documenting severity
Expert opinions (accident reconstruction, biomechanics, human factors)

Quick Evidence Priorities (First 7–14 Days)

Pull nearby video before it overwrites (many systems auto-delete after 7–30 days).
Download EDR data before vehicles are repaired or totaled.
Photograph roadway markings, debris fields, sightline obstructions, and signal timing.
Get written witness contact info and short statements while memories are fresh.
Keep every medical appointment and follow prescribed care; gaps give insurers an opening to question causation.

Medical Proof Is Critical

Insurers often question whether injuries are acute (from the crash) or pre-existing. Clear medical documentation can close that gap:

Immediate evaluation and consistent follow-up care
Imaging (X-ray, MRI, CT) and specialist notes
Doctor’s restrictions (e.g., lifting limits, time off work)
Treatment plans and prognosis (temporary vs. permanent)

How Comparative Fault Interacts With Negligence

Even if you prove the other driver was negligent, the insurer may argue that you share some blame (for example, by driving slightly over the limit or not scanning an intersection). If a percentage is assigned to you, your recovery is reduced accordingly under Tenn. Code Ann. § 29-11-103 — unless that percentage reaches 50% or more, which bars recovery.

That statute requires comparing the relative degrees of fault for everyone involved before setting damages, which is why every piece of objective evidence matters.

Practical Tips to Strengthen Your Claim

Preserve evidence early: photos, contact info, and the vehicles themselves before repair if liability is disputed.
Don’t minimize symptoms; tell providers exactly what hurts and when it started.
Keep a simple recovery journal tracking pain levels, sleep, work impact, and missed activities.
Avoid social posts that could be misread by insurers (e.g., activity photos without context).
Talk to an attorney before recorded statements if fault is disputed.

Official Tennessee Sources You Can Rely On

Tennessee Department of Safety & Homeland Security — Obtaining a Crash Report (how to request the report, cost, and timing)
Tennessee Department of Safety & Homeland Security — Crash Data & Statistics (dashboards and historical crash studies)
Tennessee Code Annotated § 29-11-103 — Comparative fault rule governing how fault percentages affect recovery