When and How You Can Sue After a Car Accident in Tennessee

Car accidents can turn lives upside down, leaving victims with medical bills, lost wages, and emotional trauma. Many wonder, “Can I sue for a car accident in Tennessee?” At Tennessee Accident Law, we specialize in helping car accident victims understand their legal options and pursue the compensation they deserve. Below, we provide a comprehensive guide on when and how to file a lawsuit after a car accident in Tennessee. Call us today for a free case evaluation 615-212-9866.

Your Right to Sue for a Car Accident in Tennessee

In Tennessee, car accident victims have the right to seek compensation if they were injured or suffered damages due to another driver’s negligence. This process often begins by filing a claim with the at-fault party’s insurance company. However, insurance companies may not always offer a fair settlement, leaving litigation as the next step.

Tennessee’s Comparative Negligence Rule

Tennessee follows a modified comparative negligence rule. This means you can recover damages as long as you are not more than 50% at fault for the accident. If you are partially responsible, your compensation will be reduced proportionately. For example, if you are 20% at fault, you can recover 80% of the damages.

Statute of Limitations for Filing a Lawsuit

In Tennessee, you must file a car accident lawsuit within one year of the accident. This deadline is strict, and failing to act within this time frame will likely bar you from recovering compensation. It is crucial to consult a qualified attorney at Tennessee Accident Law as soon as possible to ensure your rights are protected.

When Can You Sue for a Car Accident in Tennessee?

The decision to sue depends on several factors, including the severity of your injuries, the at-fault party’s willingness to settle, and the limits of their insurance policy. Below are common scenarios where filing a lawsuit may be necessary:

1. Severe Injuries or Catastrophic Losses

If your accident resulted in significant injuries such as spinal cord damage, traumatic brain injuries, or permanent disability, you may need to sue to secure adequate compensation for medical expenses, rehabilitation, and pain and suffering.

2. Unfair Insurance Settlement Offers

Insurance companies often prioritize their profits over fairness. If the at-fault driver’s insurer offers an inadequate settlement or denies your claim altogether, litigation may be the only way to recover full compensation.

3. Hit-and-Run or Uninsured Drivers

In cases where the responsible driver is uninsured, underinsured, or fled the scene, your uninsured/underinsured motorist coverage may apply. However, disputes with your own insurance company can also lead to lawsuits.

Steps to Take After a Car Accident in Tennessee

To strengthen your case and increase your chances of a successful lawsuit, follow these steps immediately after a car accident:

1. Seek Medical Attention

Always prioritize your health. Even if your injuries seem minor, seek medical evaluation to document them, as this will serve as critical evidence in your case.

2. Gather Evidence

Collect as much information as possible at the accident scene. This includes photographs, witness contact details, and the other driver’s insurance and contact information.

3. File a Police Report

In Tennessee, reporting an accident to the police is mandatory if there are injuries, fatalities, or property damage exceeding $400. A police report serves as an official record that can strengthen your claim.

4. Consult with an Attorney

Before speaking with insurance companies, consult an experienced Tennessee car accident lawyer at Tennessee Accident Law. We can guide you through the claims process, handle negotiations, and file a lawsuit if necessary.

How to Sue for a Car Accident in Tennessee

If negotiations fail, suing the at-fault party may be the best option. Here’s what the legal process typically involves:

1. Filing the Complaint

Your attorney will draft and file a complaint with the appropriate court, outlining the facts of the accident, the damages you’ve incurred, and why the other party is liable.

2. Discovery Phase

Both parties exchange evidence and information to build their cases. This phase may include depositions, interrogatories, and requests for documentation.

3. Negotiation or Mediation

Many cases are resolved through negotiation or mediation before reaching trial. Your attorney will advocate for a fair settlement on your behalf.

4. Trial

If a settlement cannot be reached, the case proceeds to trial. A judge or jury will review the evidence and determine whether you are entitled to compensation and, if so, how much.

How Fault is Determined in Tennessee Car Accidents

One of the most critical aspects of answering the question, “Can I sue for a car accident in Tennessee?”, lies in understanding how fault is determined in the state. Tennessee uses a system known as modified comparative fault, which directly impacts your ability to recover damages. Here’s what you need to know about how fault is assessed and proven in Tennessee car accident cases.

The Role of Evidence in Proving Fault

Proving fault in a Tennessee car accident requires solid evidence that the other driver acted negligently. Some of the most common types of evidence used in these cases include:

Police Reports: Officers responding to the accident scene often document critical details about what happened, including any citations issued to drivers. These reports are key pieces of evidence in determining fault.
Witness Testimonies: Independent witnesses can provide unbiased accounts of the accident, strengthening your case.
Surveillance or Dash Cam Footage: Video recordings from nearby traffic cameras, businesses, or dash cams can clearly show how the accident occurred and who was at fault.
Accident Reconstruction Experts: In cases where fault is heavily disputed, accident reconstruction experts may analyze the scene, vehicle damage, and other evidence to create a detailed report or simulation of what likely occurred.

How Comparative Fault Affects Compensation

Tennessee’s comparative fault system allows you to recover compensation even if you are partially at fault, as long as your level of responsibility does not exceed 50%. For example:

If you are found to be 30% at fault for the accident, and your total damages are $100,000, you can recover $70,000.
If you are 51% or more at fault, you cannot recover compensation.

Because fault percentages significantly affect the outcome of your case, having a skilled attorney to challenge unfair fault allocations is essential.

Common Causes of Fault in Tennessee Car Accidents

Some of the most frequent causes of negligence that lead to fault include:

Distracted Driving: Texting, eating, or other distractions that take attention away from the road.
Speeding: Driving above the speed limit or too fast for conditions.
Driving Under the Influence: Operating a vehicle while impaired by drugs or alcohol.
Reckless Driving: Aggressive behaviors like tailgating, weaving, or excessive speeding.
Failing to Yield: Ignoring traffic signs or right-of-way rules.

Understanding how fault is determined helps you better prepare your case and strengthens your chances of receiving the compensation you deserve.

What Compensation Can You Recover?

Victims who sue for a car accident in Tennessee can recover various types of compensation, including:

Medical Expenses: Current and future medical bills related to the accident.
Lost Wages: Compensation for income lost due to your inability to work.
Pain and Suffering: Non-economic damages for physical and emotional trauma.
Property Damage: Repairs or replacement of your vehicle and personal property.
Punitive Damages: In cases involving gross negligence or intentional misconduct, the court may award punitive damages.

Why Choose Tennessee Accident Law?

At Tennessee Accident Law, we have over two decades of experience representing car accident victims across Tennessee. We have successfully challenged major insurance companies and secured significant settlements for our clients. Our team is committed to ensuring you receive the justice and compensation you deserve.

When you work with us, you gain access to:

A dedicated legal team with expertise in Tennessee car accident laws.
Compassionate support throughout the legal process.
A proven track record of victories against Fortune 500 companies and insurers.

Contact Us for a Free Case Evaluation

If you’re wondering, “Can I sue for a car accident in Tennessee?”, the answer may depend on the specifics of your case. Don’t wait—time is of the essence. Contact Tennessee Accident Law today to schedule a free case evaluation. We will review your case, answer your questions, and guide you toward the best legal strategy. Call us today for a free case evaluation 615-212-9866.

Sources:

Tennessee Department of Safety & Homeland Security
https://www.tn.gov/safety
Provides statistical data and regulations related to traffic safety in Tennessee.
National Highway Traffic Safety Administration (NHTSA)
https://www.nhtsa.gov
Offers detailed resources on road safety and accident data across the United States.
Centers for Disease Control and Prevention (CDC) – Injury Prevention & Control
https://www.cdc.gov/injury
Features information on car accident injuries, prevention strategies, and public health data.

Additional Resources: