When a car accident happens, insurance companies and courts review evidence to determine which driver is at fault for the collision. Fault plays an important part in a car accident case. A party who is at fault for a car accident may be responsible for the injured person’s medical bills, property damage and other losses.
However, if both parties are at fault for a car accident, it can complicate how compensation is recovered. Victims can learn how fault is determined and how fault impacts their right to compensation. Here is what you should know:
How fault is determined
There are several pieces of evidence that are used to determine who is at fault for a car accident. Some of the most common forms of evidence include:
- Police report: A report that can include each driver’s personal information, when and where a car accident took place, and how the car accident likely happened.
- Video recording: Street cameras and dash cameras may have captured the last moments leading up to and after a car accident.
- Witness testimony: A person may have been present during an accident and can account for the events that led up to the accident.
Evidence can help support a claim for compensation after a car accident. However, some evidence may prove that more than one party is responsible for a car accident.
Tennessee’s modified comparative negligence system
More than one driver may have been at fault for a car accident. Tennessee follows a modified comparative negligence system, which means that victims of car accidents can recover compensation up to 49% of fault. The percentage of fault can lower a victim’s total compensation for medical bills and other financial losses. If a driver’s percentage of fault exceeds 50%, they may not be entitled to damages.
Drivers should understand their right to compensation after a car accident.