Partially at Fault for a Motorcycle Accident in Tennessee? What to Know

Can You Sue in Tennessee if You’re Partially at Fault for a Motorcycle Accident?

Being involved in a motorcycle accident can be stressful and overwhelming, especially if you think you might be partly responsible. You may not know who will cover the costs or how you’ll be able to afford care. You may wonder if you can sue for damages if you’re partially at fault for a motorcycle accident.

The answer depends on your state law. If you’re in Tennessee, as I am, the answer is yes—but there are important rules you need to know.

Tennessee’s Modified Comparative Fault Rule

Tennessee follows a legal rule called modified comparative fault, which allows you to sue for damages even if you were partly at fault for the accident.

But it comes with an important limit: under Tennessee’s 51% rule, you can only recover compensation if you’re 50% or less at fault for the accident. If you’re found to be 51% or more at fault, you likely won’t be able to recover anything.

So for example, if the total damages from your accident (including medical bills, lost wages, and property damage) add up to $100,000 and you’re found to be 20% at fault, you could still recover 80% of the damages, or $80,000.

But if you’re found to be more than 50% at fault, you won’t be able to recover any compensation.

How Comparative Fault Works in Practice

Let’s say you’re riding your motorcycle and you don’t use your turn signal when switching lanes. Moments later, a car rear-ends you because the driver wasn’t paying attention.

Both you and the driver share some of the blame for the accident. You didn’t signal, but the driver wasn’t watching the road.

In this situation, you might be found partially to blame. If the court determines that you were 30% at fault and the driver was 70% at fault, you could still recover compensation for your injuries, but your total award would be reduced by 30%.

How the System Determines Fault for a Motorcycle Accident

Determining fault in a motorcycle accident isn’t always straightforward. In fact, it could involve a full investigation, including:

• Police reports: These reports can contain details on how the accident happened. They may state who the responding officer suspects was at fault.
• Witness statements: People who saw the accident can provide valuable information about what happened.
• Accident reconstruction: Experts can sometimes recreate the scene of the accident to better understand who was to blame.

A personal injury lawyer can help you gather and analyze this evidence to build a strong case. In order to get the most compensation for you as possible, they’ll work to prove the other side was most at fault.

Tennessee’s Time Limit to Sue

In Tennessee, you only have one year from the date of the motorcycle accident to file a lawsuit.

This time limit, known as the statute of limitations, is strict. If you miss this deadline, you won’t be able to recover any damages, no matter how strong a case you have.

So it’s important to act quickly after an accident and seek legal advice right away.

Why You Need a Lawyer

If you’ve been in a motorcycle accident and might be partially at fault, it’s crucial you work with a lawyer.

Insurance companies will often try to shift as much blame onto you as possible. It helps them pay out less money—or even none at all.

A personal injury lawyer fights to make sure your fault percentage is as low as possible. They negotiate with insurance companies to get you the compensation you deserve.

And if the case goes to court, your lawyer will advocate for you so you have a chance against these large insurance companies.

Legal Help If You’re Partially at Fault for a Motorcycle Accident

As a trusted Memphis motorcycle lawyer, I’ve helped the people of our city recover after an accident, even if they’re partially at fault.

In fact, partial fault happens all the time. In case after case, our firm has developed a reputation for success. And we’ve won multiple awards for client satisfaction.

What’s more, we don’t get paid anything until we win your case. So we take on the risk and fight for you, while you can focus on what matters: recovering from your injuries.

If you’ve been in a motorcycle accident in Tennessee and think you might be partially at fault, contact us today for a free consultation. We’ll help you understand your legal options and guide you through every step of the process.