Losing a loved one in a sudden accident is a tragedy no family should have to endure. When the accident was caused by someone else's negligence or recklessness behind the wheel, it can be even more devastating. You may be feeling a range of intense emotions, from profound grief to anger at the injustice of the situation.
While no amount of money can ever replace your loved one, pursuing a wrongful death lawsuit against the at-fault driver can provide a sense of accountability. As an experienced Nashville wrongful death attorney, Pete Olson is here to guide you through the legal process with compassion and care. He will fight tirelessly to seek the justice and compensation you and your family deserve.
To understand your legal options after a fatal car accident, it's important to know how Tennessee handles cases where two or more drivers share fault. Read on to learn the key facts about our state's modified comparative negligence system.
Understanding How Comparative Fault Percentages Are Determined After a Fatal Car Accident
Tennessee follows a modified comparative negligence rule (also called comparative fault) in car accident cases, including those involving wrongful death. Under this system, each driver is assigned a percentage of fault for the accident.
Courts determine fault by examining evidence from the crash, which may include:
- Police accident reports
- Photos of the accident scene
- Surveillance video footage
- Eyewitness statements
- Cell phone records
- Vehicle damage
- Accident reconstruction analysis
This fault percentage affects the amount of compensation you can recover in a wrongful death claim. Tennessee allows recovery as long as the deceased was 50% or less at fault for the accident.
For example, let's say your loved one was determined to be 30% at fault for the fatal accident because they were driving 5 mph over the speed limit at the time of the crash. If the other driver was found 70% at fault for running a red light, you would be able to recover 70% of the total damages awarded in the case.
The 51% Bar Rule Means Zero Compensation in Some Fatal Accident Claims
It's important to understand that if an accident victim is found to be 51% or more at fault for the crash, their family cannot recover any compensation in a wrongful death claim under Tennessee law. This is why it's critical to have an experienced Nashville car accident lawyer on your side who can gather evidence to support your argument that the other driver was primarily responsible for the collision.
Insurance adjusters are skilled at shifting blame to the victim to avoid large payouts on behalf of their insured. Pete Olson knows how to fight back against these tactics. He has nearly 30 years of experience standing up to insurance bullies who try to take advantage of Nashville families in their darkest hour.
Pursuing Justice With Help From a Knowledgeable Nashville Wrongful Death Attorney
We know that dealing with legal issues while grieving is incredibly difficult. The legal team at Pete Olson Injury Law is here to provide the guidance and support you need every step of the way. We offer free, no-obligation case evaluations, so you can get answers to your questions and learn your legal options. We’ll gather evidence, ensure case filings are completed within the statute of limitations, and more.
Let us handle the legal heavy lifting so you can focus on honoring your loved one's memory.