Arguing over car accident liability

Can I Still Recover Damages if I Was Partly at Fault in a Tennessee Car Crash?

December 15, 2025

If you’re searching for a “car accident attorney near me” after a wreck in East Tennessee while worrying you were partly to blame, here’s some good news: Tennessee uses a modified comparative fault rule. In simple terms, that means you can still recover damages as long as you are less than 50% at fault. But the larger question is, were you really at fault, or are you missing key pieces of evidence that could show you had little to no control over the crash?

Because fault percentages drive how much you take home, or whether you can take anything home at all, having an experienced and proven legal team on your side matters. The Haynes Firm has spent more than 40 years investigating car wrecks in Tennessee and beyond to determine how they happened and who can be held responsible. If you are questioning your right to seek compensation after a serious accident, we can review your case free of both cost and obligation to help you determine if filing suit is the best course of action.

Talk to an Experienced Car Crash Lawyer for FREE

If you’ve been searching for a “car crash attorney near me” in Johnson City, Kingsport, Bristol, Knoxville, or anywhere in Tennessee, you’ve come to the right place. Call The Haynes Firm at 423-928-0165 to schedule a FREE and confidential case review and let us help you understand your rights, your options, and the most effective way to obtain the compensation you deserve.

How Is Liability Established in Car Crashes?

Liability in car crashes is not always black and white. In fact, several factors can contribute to an accident. A full investigation from a qualified lawyer is among the most effective ways to determine what actually occurred.

Searching for a car accident attorney near me isn’t enough. You need to make sure the attorney you find has a well-established history of conducting thorough investigations into these cases and an equally established history of securing full compensation for victims of serious injury.

Depending on the specifics of your case, your lawyer may review:

  • Scene evidence, including police reports, photos, and videos.
  • 911 recordings and cellphone records.
  • Forensic evidence, such as skid measurements and debris field evaluation.
  • Vehicle data from event data recorders and infotainment systems.
  • Human assistance, including eyewitness accounts, cellphone records, drug/alcohol testing, and expert reconstruction.

Sometimes a crash occurs because one party is driving irresponsibly. Maybe they were distracted, speeding, tailgating, weaving in and out of traffic, or under the influence of drugs or alcohol. Often, however, crashes involve the actions of more than one party. Perhaps one driver was distracted, but another failed to signal intent, or one was driving too close for conditions, but the other was braking at irregular intervals. With so many possible contributing factors, it can be hard to know where fault lies. This is where a car accident attorney becomes irreplaceable.

To collect damages after a car wreck in Tennessee, you must be less than 50% responsible for the crash. Having the facts clearly laid out through a proper investigation helps ensure that you are not unfairly blamed. During your FREE case review with one of the car accident attorneys at The Haynes Firm, we can discuss the investigative process in greater detail to help you understand what may be required to accurately determine who can be held liable for your damages.

How Insurance Companies Can Exploit Comparative Fault

Insurance companies know that if they can increase your percentage of fault, they can decrease your settlement. You can expect early offers that:

  • Overstate your fault
  • Ignore future losses
  • Lowball non-economic damages

Historically, insurance companies have been more invested in their profit margins than in the health of their policyholders. Their tactics are one of the main reasons “car accident attorney near me” is frequently searched. If your inclination is to talk to a lawyer before accepting an insurance offer, you’re on the right path. Talking to an attorney helps to ensure you are not waiving your rights or accepting an offer that is insufficient for your needs.

What Types of Damages Can I Seek After a Car Crash?

In Tennessee, you can typically pursue two broad categories of damages:

  • Economic. Medical bills (past and future), lost wages, lost earning capacity, out-of-pocket costs, mileage, household help, property damage, and similarly quantifiable expenses and losses.
  • Non-Economic. Pain and suffering, emotional distress, loss of enjoyment in life, disfigurement, and similarly intangible losses.

There is no limit (cap) on how much you can seek in economic damages. They should be a direct reflection of your actual out-of-pocket expenses and financial losses. They will, however, be diminished by the percentage of fault you are assigned. So, for example, if you are awarded $350,000 in economic damages but found to be 25% liable for your accident, your verdict would be reduced to $262,500.

There is a cap on non-economic damages in Tennessee. Under most circumstances, you cannot be awarded more than $750,000 in non-economic damages, although this amount may be increased to $1 million under certain circumstances. As with economic damages, non-economic damages are reduced by your percentage of fault.

Some cases involve punitive damages. These are reserved for malicious, intentional, fraudulent, or reckless conduct. They are capped at two times your compensatory damages or $500,000, whichever is greater. Punitive damage awards in Tennessee are rare.

Can I Be Barred from Seeking Damages in Tennessee?

If you are assigned more than 50% of the fault for a car crash in Tennessee, you will be barred from any recovery. But were you really more than 50% to blame? That’s something best discussed with an attorney, who can help evaluate the facts of the case and how a jury would likely perceive the event.

What a Car Accident Attorney Can Do

“Car accident attorney near me” is a popular search, but it’s important that you don’t just choose the first listing because it’s the first listing. Your choice of attorney will play a direct role in the success of your case.

When you’re looking for a nearby car crash lawyer, you’re really looking for someone who has the resources to investigate your claim and the backbone to stand up to insurance companies who may be trying to minimize your compensation.

A strong car accident lawyer will:

  • Investigate your claim and explore all the evidence
  • Build a clear picture of liability based on facts
  • Value your claim based on multiple factors, including future needs and personal suffering
  • Represent you during settlement negotiations with insurance
  • Take your case to trial if needed

The Haynes Firm brings 70+ years of combined experience investigating car accidents to properly establish liability. We understand how complex these cases can be, and we don’t take shortcuts. Thorough and dedicated, we work to build cases that accurately represent the facts of a crash and seek maximum compensation for victims. If your search for “car accident attorney near me” has landed you here, we welcome the opportunity to talk with you without any cost or commitment on your part, listen to your experiences, and help you decide how best to move forward.

Talk to a Car Accident Attorney for FREE

Partial fault might reduce your damages, but it doesn’t need to end your pursuit of justice. Contact The Haynes Firm online or call our Johnson City office today to schedule a FREE, no-pressure consultation and learn about your rights. We proudly represent victims of serious car crash injuries throughout Tennessee and beyond.

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