How Truck Accidents Differ in At-Fault vs. No-Fault States
If you drive in Tennessee, you may be surprised to learn that it’s an at-fault state. But what does that mean? And how do car or truck accidents and at-fault state laws impact each other?
The type of state you live in—at-fault or no-fault—can make a big difference in how your personal injury claim works.
As a truck accident lawyer with multiple awards for client satisfaction, I’ve helped people on both sides of the line, and I want you to understand how the system in your state affects your case.
What’s the Difference Between At-Fault and No-Fault?
At-Fault States (like Tennessee)
In an at-fault state, the driver who caused the accident is responsible for paying damages. You can file a claim directly against the at-fault driver (or trucking company) and seek compensation for medical bills, lost income, and pain and suffering.
No-Fault States
In these states, each person’s own insurance covers their medical costs and some lost wages, no matter who caused the accident. These benefits come from your Personal Injury Protection (PIP) coverage.
You’re generally limited in in your options to sue. Your injuries have to meet a certain severity threshold. In other words, you can only sue if your injuries were really, really bad.
Truck Accident Cases in At-Fault States (Like Tennessee)
In at-fault states, your case focuses on proving the truck driver (or company) was negligent.
That typically involves:
- Gathering evidence like dash cam footage, black box data, and maintenance logs.
- Holding multiple parties accountable, including the truck driver, trucking company, cargo loader, or vehicle manufacturer.
- Negotiating with their insurance company.
- Suing for full damages, including pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.
This system lets you recover a wider range of damages, but it also means more legal work to prove fault.
Truck Accidents in No-Fault States
In no-fault states, your own insurance covers your medical expenses and some lost wages, even if the truck driver caused the crash. But that doesn’t mean fault doesn’t matter.
Here’s how it works:
You start with your PIP coverage, regardless of who caused the accident.
From there, you can only sue the trucking company if your injuries meet a legal threshold. That’s usually something like:
- Broken bones
- Significant disfigurement or disability
- Permanent injury
- Medical bills over a certain dollar amount (varies by state)
This can make it take a while to file a full claim. It can also limit your compensation for pain and suffering.
Why Truck Accidents Are More Complex in No-Fault States
Truck accidents usually involve higher speeds, larger vehicles, and more severe injuries – all which could help you meet the injury threshold faster.
But no-fault laws can still slow down your path to justice by requiring you to go through your PIP first.
Also, in serious truck crashes, there might be out-of-state drivers or commercial trucking companies involved, which can complicate which state laws apply.
Other Things to Consider
Multiple Insurance Policies
In truck accidents, more than one policy may apply – especially if a company owns the truck. You may be able to go after commercial liability insurance, which often has higher policy limits.
Comparative Fault
In at-fault states like Tennessee, if you’re found partially at fault, your damages may be reduced. No-fault states don’t usually consider this unless you’re suing outside the PIP system.
Truck Accident Evidence
Regardless of your state, things like black box data, driver logs, and maintenance records still matter and should be preserved as soon as possible. They can make a huge difference in any truck accident case.
How We Can Help
Don’t assume your insurance will cover everything. Now’s the time to talk to an experienced truck accident lawyer who knows your state’s system.
You’ll want to act quickly because evidence disappears fast and your case could be incredibly complex.
Truck accident claims are never simple, but the laws in your state can shape your entire path to recovery. The key is knowing what laws apply, when you can sue, and how to build a strong case.
My award-winning team is here to guide you with compassion and care. We’ll help you navigate the insurance maze and fight for the justice you deserve.
And we understand the at-fault system inside and out. It’s how we’ve won millions for our clients over the years. And it’s how we can win for you, too.
If you’ve been hurt in a truck accident, reach out today for a free consultation. Let us help you recover what you need and deserve, no matter how complex your case might be.