Were You Also Partially At-Fault in Your Knoxville Car Accident? Learn about Comparative Fault under Tennessee Personal Injury Laws and How You Can Recover Compensation for Your Car Accident Injuries

There is no doubt that car accidents in Knoxville can be messy, complicated, and just outright difficult to sort out. The nature of car accidents is that they are not always plain and simple, with one driver clearly making an illegal or wrong driving maneuver, and the other driver innocently following all the rules and laws of the road. Indeed, it is not all-too-rare that in the real world, a serious Knoxville car accident can be caused by more than one driver, and more than one party may be, accordingly, “at-fault.” But what rights and options do Knoxville car accident victims have if they have been seriously injured by another driver’s negligent driving, but they were also potentially at-fault for the car accident by their own actions? This is where an important Tennessee Supreme Court Case comes in, and establishes the principle of modified comparative fault in Tennessee.

McIntyre v. Balentine: Establishing Modified Comparative Fault in Tennessee

The landmark case McIntyre v. Balentine, which was decided by the Tennessee Supreme Court in 1992, established the principle of modified comparative fault in Tennessee. In this case, the parties were involved in a car accident in Tennessee, and they were both found to have been partially at fault. Balentine had been speeding, while McIntyre was driving under the influence. Prior to this landmark case, the law in Tennessee when it came to personal injury actions would have barred both Balentine and McIntyre from recovering any money compensation. However, the case overturned that law, establishing modified comparative fault in Tennessee, and allowing car accident injury plaintiffs in Tennessee to recover money compensation as long as they are less than 50% at-fault for their car accident injuries.

How Damages Work in a Knoxville Car Accident Case under the Principle of Modified Comparative Fault

Of course, understanding how recovering damages works in a Knoxville car accident case where multiple parties are at fault is important for Knoxville car accident victims. Under the modified comparative fault tort principle, a Knoxville car accident victim’s recoverable damages are reduced in proportion to their own degree of fault. For example, if a Knoxville car accident victim incurs $100,000 in damages but is also found to be 30% at fault for the car accident, the victim’s recoverable compensation would be reduced by 30%, resulting in a $70,000 award.

If you are in the Knoxville area and you need legal help with your Knoxville car accident case, contact the experienced Knoxville car accident lawyers at the law firm of Fox Farley Wills & Burnette PLLC. The experienced Knoxville car accident lawyers at Fox Farley Willis & Burnette PLLC are here to help victims of serious car accidents in Knoxville get justice for their injuries and losses against the negligent drivers that injured them. Do not hesitate to speak to an experienced Knoxville car accident lawyer about your case today. Contact Fox Farley Willis & Burnette PLLC and speak to a lawyer about your case now.

Source:

law.justia.com/cases/tennessee/supreme-court/1992/833-s-w-2d-52-2.html