What if I’m Partially at Fault for a Car Accident in Memphis?

Car accidents can be overwhelming experiences, especially when you start questioning your own fault in the incident. If you find yourself partially at fault for a car accident in Memphis, it’s natural to wonder about your legal options and whether you can still recover damages.

At Gatti, Keltner, Bienvenu & Montesi PLC, we understand the complexities of car accident cases, and a Memphis car accident attorney is here to help guide you through the legal process, even if you are partially at fault.

Understanding Comparative Fault

Under Tennessee law, the concept of comparative fault comes into play when determining liability in a car wreck case. This allows a defendant to advocate for the blame of other individuals for a car accident and ask the jury to assign fault for the accident. The jury then compares the fault or negligence of each party involved and assigns a percentage of fault accordingly.

The total percentage of the fault must add up to 100%, and the defendant must be able to prove that they were not more than 49% to blame for the accident in order to receive compensation in Tennessee. Depending on the amount of fault assigned to a party, they are responsible for a certain percentage of damages.

The fault allocations determined by the jury have a significant impact on the damages recoverable by the plaintiff. The damages awarded to the plaintiff are based on the percentage of fault assigned to the defendant.

For example, if the jury assigns 75% of the fault to the defendant and 25% to the plaintiff, and the total damages are $10,000, the plaintiff would be entitled to recover $7,500 (75% of $10,000). However, the plaintiff would not be able to recover the percentage of the damages that they themselves caused.

Modified Comparative Negligence in Tennessee

It’s important to note that Tennessee follows modified comparative fault. This means that if the plaintiff is found to be 50% or more at fault for the accident, they are prohibited from recovering any damages at all. However, if the plaintiff is less than 50% at fault, they can still recover damages, but the amount will be reduced based on their percentage of fault.

In contrast, some states like Mississippi follow pure comparative fault. Under this code, even if the plaintiff is 99% at fault for the accident, they can still recover damages for the percentage of fault assigned to the defendant. This ultimately means that even a small portion of fault attributed to the defendant can result in some form of compensation for the plaintiff.

Determining Fault in Memphis Car Accidents

Car accidents are common in Memphis and its surrounding counties. These accidents often result in injuries and damage to the individuals involved. To ultimately receive compensation for losses, it is crucial to establish fault in the accident with the help of a Memphis car accident attorney, as insurance companies understand the importance of fault determination in lawsuits and may attempt to shift the blame onto you.

Role of Police in Identifying Fault

Immediately after a car accident in Memphis, it is critical that all parties and witnesses remain at the scene until the police arrive. The police conduct an initial investigation there, examining the accident, collecting evidence, and interviewing involved parties and witnesses. The initial objective of the police is to establish the sequence of events leading up to the accident and determine who may be at fault, finally filing a report.

Police reports are valuable pieces of evidence and are almost universally relied upon by insurance companies and courts to determine fault. However, the police report is non-binding and not the final word on fault allocation. Car accident attorneys typically conduct their own investigations to determine if the police’s initial conclusions are accurate.

There are a few ways to obtain a copy of a police report if one is required. It might be possible to ask for a copy in person, by mail, or online, depending on the jurisdiction. In some circumstances, you may be required to give identifying details like the case number or the names of the parties concerned.

The processing of your request after submission may take a few days. You might be able to pay more to receive faster processing if you need the report right away.

Challenging Fault Determinations

If someone believes that the fault allocation in a police report or by the insurance company is unfair or inaccurate, it is important that the party challenges these findings. It may additionally be the case that other parties lied to police or insurance companies when they were attempting to establish culpability, even sometimes tampering with evidence at the scene. This is another situation that, despite being illegal, is still prevalent today.

Certain pivotal instruments, such as crash reconstruction technology and other methods employed by attorneys, can completely shift a lawsuit one way or another. It is often the case that police may overlook important evidence or rush their investigation. Alternatively, insurance companies may be looking to cheat their customers out of payouts, jeopardizing their ability to recover compensation.

An experienced car accident attorney can help gather this additional evidence, such as witness testimonies, expert opinions, or surveillance footage, to support a claim and challenge the initial fault determination. Attorneys will then present their evidence in a court of law to sway the opinion of the judge and jury. At the end of a trial, either the judge or jury will assign each party a certain percentage of fault for the accident, which will qualify them for a certain amount of compensation.

Seek Professional Guidance if You Think You Are Partly at Fault

Being partially at fault for a car accident in Memphis does not automatically disqualify you from seeking compensation. However, fault determination can be a complex process, and it is essential to seek the guidance of a knowledgeable Memphis car accident attorney.

At Gatti, Keltner, Bienvenu & Montesi PLC, we are dedicated to protecting your rights and ensuring you receive the compensation you deserve. Contact our office today for a free consultation.