Some car accidents in Tennessee have devastating consequences. In the aftermath of an auto accident, people often find it hard to make the right decisions. Tennessee is a fault state, and therefore, if the other driver was negligent, you need to gather evidence to prove fault and liability. Talking to a reliable car accident attorney can be handy in understanding your circumstances better. You can click here for help from an injury lawyer. No matter the fault, you need to report the accident. In this post, we are discussing Tennessee car accident laws that are worth knowing.
Reporting a Tennessee Car Accident
As per laws in Tennessee, drivers involved in an accident must report the same within 20 days. The accident must be reported in writing to the Commissioner of Safety. This is a must for all accidents that caused injury, death, or involved property damage above $1,500. You should ideally call the local law enforcement straight from the accident scene. Do NOT leave the accident scene until you have taken action.
The modified comparative negligence rule
Tennessee follows the modified comparative negligence rule. If you had a share in fault, you can still claim compensation for your injuries and damages from the other driver at fault, provided your fault share is less than 50%. Also, your awarded compensation will be reduced by your percentage of fault. For instance, if you were 40% at fault and were awarded $10,000 in a settlement, you can still get $6,000.
The statute of limitations
For the uninitiated, the statute of limitations sets the deadline for bringing a personal injury lawsuit after an accident. In Tennessee, you have one year to file an injury lawsuit against the driver at fault. The count starts from the date of the accident. If the car accident resulted in someone’s demise, the family can file a wrongful death lawsuit within a year. In such circumstances, the deadline starts from the deceased’s day of death, not the accident date. If you are suing for property damage, the deadline is three years. Note that the statute of limitations is not applicable when it comes to insurance claims. You must notify the insurance companies, including your insurer, at the earliest.
Calling an attorney
Car accidents are rarely simple. Multiple vehicles and drivers are often involved, and insurance companies may use the comparative negligence against you, even when your fault is minor. Call an attorney now to know more about your car accident and if you have a valid claim in the first place.