Understanding Tennessee’s Modified Comparative Fault Rule

One of the most important — and most misunderstood — rules in Tennessee injury cases is the modified comparative fault.

What “Comparative Fault” Means

Fault can be shared. A jury (or insurer) assigns percentages to each party. Your compensation is reduced by your share of fault.

Example:
If your damages total $100,000 and you’re found 20% at fault, you can recover $80,000.

Tennessee’s 50% Bar Rule

Here’s the key: you can only recover if you are less than 50% at fault. If you are found 50% or more responsible, you recover nothing. Legal clarity is crucial.

How Insurers Use This Against You

Adjusters often push fault upward by claiming:

• You were speeding “a little”
• Visibility was “poor so you should’ve been more careful”
• You “could have avoided it”

Even a small shift in fault can drastically cut what you receive.

What Protects You

Strong evidence matters:

• Crash reports
• Video footage
• Photos of impact points
• Medical records showing injury consistency
• Accident reconstruction when needed

Why Early Representation Helps

When an insurer frames the story first, you spend the rest of the case digging out. A lawyer helps lock down evidence and push back before blame hardens.

Call to Action: If an insurer says you were partly at fault, don’t take that at face value. We can evaluate how comparative fault applies in your case.