Being partly responsible for a motorcycle accident does not necessarily prevent you from recovering compensation in Tennessee. In many cases, an injured motorcyclist may still have a claim even if their own actions contributed to the crash.
The amount of compensation you can recover, however, may depend heavily on the percentage of fault assigned to you.
Tennessee follows a modified comparative fault system. Understanding how this rule works is especially important in motorcycle accident cases because insurance companies may argue that a rider’s speed, positioning, or actions contributed to the collision.
Quick Answer: Can You Recover If You Were Partly at Fault?
Yes, potentially. Under Tennessee’s modified comparative fault rule, an injured person can generally recover compensation when their share of fault is less than 50%. However, the compensation they receive is reduced according to their percentage of responsibility.
For example, if you suffered $100,000 in damages but were found 20% responsible for the motorcycle accident, your recovery could be reduced by 20%, leaving $80,000.
If you are found 50% or more at fault, you generally cannot recover damages under Tennessee’s comparative fault rule.
How Does Comparative Fault Work in Tennessee?
Tennessee’s comparative fault system comes from the Tennessee Supreme Court’s decision in McIntyre v. Balentine. Under this rule, an injured person may recover damages when their negligence is less than the negligence attributed to the other responsible party or parties.
This means fault does not always have to be entirely on one side.
A driver could be primarily responsible for causing a motorcycle collision while the motorcyclist is assigned a smaller percentage of responsibility. In that situation, the rider may still be able to recover compensation, but the amount awarded would be reduced to account for the rider’s share of fault.
This system makes determining exactly how an accident happened particularly important.
How Does Your Percentage of Fault Affect Your Compensation?
The easiest way to understand Tennessee’s comparative fault system is through examples.
Suppose a motorcycle accident results in $100,000 in total damages.
If the other driver is entirely responsible for the crash, the injured rider’s comparative fault would not reduce the recovery.
If the rider is found 10% at fault, the $100,000 in damages could be reduced by 10%, resulting in a recovery of $90,000.
If the rider is found 25% at fault, the recovery could be reduced to $75,000.
If the rider is found 49% at fault, the recovery could be reduced to $51,000.
However, if the rider is found 50% or more at fault, Tennessee’s modified comparative fault rule generally prevents the rider from recovering damages.
Even a relatively small change in the percentage of fault assigned to you can therefore make a significant difference in the outcome of a motorcycle accident claim.
Why Might a Motorcyclist Be Found Partly at Fault?
Motorcycle accidents are not always caused by one person’s actions alone. A driver may make a dangerous maneuver while a rider’s actions also contribute to the circumstances surrounding the collision.
Examples of allegations that could potentially affect a motorcyclist’s percentage of fault include:
- Speeding: An insurance company may argue that the rider was traveling too fast to avoid the collision or that excessive speed increased the severity of the crash.
- Following Too Closely: A rider who does not maintain sufficient distance from another vehicle may be accused of contributing to a rear-end collision.
- Unsafe Lane Changes: Questions may arise about whether the rider checked traffic conditions or signaled before changing lanes.
- Failure to Yield: A rider may be assigned some responsibility if evidence shows they failed to yield when required.
- Distracted Riding: Distraction can become an issue if there is evidence that a motorcyclist was not paying adequate attention to traffic or roadway conditions.
- Impairment: Alcohol or drug impairment can significantly affect the determination of fault.
- Other Unsafe Riding Behavior: Depending on the circumstances, an insurer may point to the rider’s position on the roadway, passing behavior, or other actions when attempting to assign fault.
An allegation does not automatically mean the rider was actually responsible. The available evidence must be evaluated to determine whether the accusation is supported and whether the alleged conduct contributed to the accident.
What If a Driver Turned Left in Front of My Motorcycle?
Left-turn collisions are a common example of why fault must be evaluated based on the specific circumstances of a motorcycle accident.
Suppose a driver attempts to turn left across traffic and enters the path of an approaching motorcycle. Evidence may show that the driver failed to yield and was primarily responsible for the collision.
The driver’s insurance company might still argue that the motorcyclist was speeding and therefore contributed to the crash.
That does not automatically eliminate the rider’s claim.
Instead, the actions of both parties may need to be considered when determining fault. Evidence showing the vehicles’ positions, speed, visibility, traffic signals, impact points, witness observations, and other circumstances can become important.
Can an Insurance Company Blame Me for the Motorcycle Accident?
Yes. An insurance company may argue that an injured motorcyclist bears some or all of the responsibility for a crash.
Because Tennessee’s comparative fault system directly connects fault to the amount of compensation available, assigning additional responsibility to the injured rider can reduce what the insurer may ultimately have to pay.
For example, moving a rider’s alleged fault from 10% to 30% could substantially reduce the value of a significant injury claim.
A dispute becomes even more consequential as the rider’s alleged responsibility approaches 50%.
For this reason, you should be cautious about giving recorded statements, speculating about what happened, or agreeing that you may have been partly responsible before the accident has been thoroughly investigated.
What Evidence Can Help Determine Fault in a Motorcycle Accident?
Determining comparative fault often requires examining evidence from multiple sources rather than relying solely on what the drivers say happened.
Depending on the accident, useful evidence may include:
- Police crash reports
- Photographs of the accident scene
- Vehicle and motorcycle damage
- Traffic or surveillance camera footage
- Dashcam footage
- Witness statements
- Skid marks and roadway evidence
- Traffic signals and signs
- Vehicle data
- Cell phone records when distracted driving is suspected
- Medical records documenting the rider’s injuries
In serious or disputed cases, additional investigation or accident reconstruction may also be appropriate.
Evidence can disappear over time, so beginning an investigation soon after a crash can be important.
Does Not Wearing a Helmet Make You At Fault for the Accident?
Questions about helmet use and fault should be evaluated carefully.
Whether a motorcyclist was wearing a helmet is different from determining who actually caused the collision. For example, failing to wear certain protective equipment does not mean a rider caused another driver to make an unsafe left turn or change lanes into the motorcycle.
However, issues involving protective equipment may raise separate legal questions depending on the injuries involved and the circumstances of the case.
Motorcyclists should not assume that an insurance company’s allegation about helmet use automatically establishes fault or prevents them from pursuing compensation.
What Damages Can You Recover If You Were Partly at Fault?
If you remain eligible to recover compensation under Tennessee’s comparative fault system, your claim may include several types of accident-related losses.
Depending on the circumstances, these may include:
- Emergency medical expenses
- Hospitalization and surgery
- Rehabilitation and physical therapy
- Future medical treatment
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Damage to your motorcycle and other property
The value of a motorcycle accident claim depends on more than the percentage of fault. The severity of the injuries, cost of medical care, long-term prognosis, effect on employment, available insurance coverage, and other factors can all influence the amount of compensation potentially available.
What If More Than Two People Were Responsible for the Accident?
Some motorcycle accidents involve more than the rider and one other driver.
For example, a collision could potentially involve several vehicles or multiple parties whose actions contributed to the crash.
Tennessee’s comparative fault system allows responsibility to be considered among those whose actions contributed to an injury-producing event. When multiple parties may share responsibility, determining how fault should be allocated can become significantly more complicated.
This is another reason a detailed investigation can be important after a serious motorcycle accident.
Should I Admit That I Was Partly at Fault?
You should provide truthful information about the accident, but you do not need to speculate about fault or make conclusions about who was legally responsible.
Immediately after a collision, you may not know everything that contributed to what happened.
You might not know that the other driver was distracted, speeding, impaired, or failed to obey a traffic signal. You may not have seen surveillance footage or spoken with witnesses. You may also be unaware of evidence that contradicts the other driver’s account.
Statements such as “I should have seen them” or “maybe I was going too fast” can also be interpreted differently when repeated later during an insurance claim.
Rather than guessing about responsibility, focus on accurately describing what you observed and allow the available evidence to help establish how the collision occurred.
How Long Do You Have to Bring a Motorcycle Accident Claim in Tennessee?
Fault is not the only legal issue that can affect your ability to recover compensation.
Tennessee also has a relatively short deadline for many personal injury lawsuits. In many motorcycle accident cases, an injured person generally has one year from the date the claim accrued to file a lawsuit.
Waiting too long can jeopardize your legal rights even when another driver was primarily responsible for the crash.
Learn more about how long you have to file a motorcycle accident claim in Tennessee and why it can be important to begin investigating a crash well before the filing deadline approaches.
When Should You Contact a Nashville Motorcycle Accident Attorney?
Consider speaking with an attorney promptly if you suffered serious injuries, fault is disputed, an insurance company is blaming you for the collision, or you are unsure how Tennessee’s comparative fault rules apply to your case.
An attorney can investigate the accident, gather available evidence, evaluate allegations that you contributed to the crash, identify other potentially responsible parties, and determine how comparative fault may affect your claim.
If your accident occurred in Nashville or Middle Tennessee, a Nashville motorcycle accident attorney at Matt Hardin Law can review what happened and explain your legal options.
Frequently Asked Questions About Comparative Fault and Tennessee Motorcycle Accidents
Can I recover compensation if I was partly at fault for a motorcycle accident in Tennessee?
Yes, potentially. Tennessee generally allows an injured person to recover damages when their percentage of fault is less than 50%. However, their compensation is reduced according to the percentage of fault assigned to them.
What happens if I am 20% at fault for a motorcycle accident?
If you are found 20% responsible for a Tennessee motorcycle accident, your recoverable damages may generally be reduced by 20%. For example, $100,000 in damages could be reduced to $80,000.
Can I recover compensation if I am 50% at fault in Tennessee?
Generally, no. Under Tennessee’s modified comparative fault rule, the injured person’s fault must be less than 50% for the person to recover damages. A finding of 50% or more generally prevents recovery.
Who decides how much fault each driver has?
Fault may be disputed during the insurance claim process and, if a case proceeds to trial, comparative fault is generally a factual question for the jury. Evidence such as photographs, witness statements, crash reports, video footage, vehicle damage, and other information can help establish how the accident occurred.
What should I do if the insurance company says I caused the motorcycle accident?
Do not assume the insurance company’s determination is final. Preserve any evidence you have, avoid speculating about responsibility, and consider having the accident independently evaluated. An attorney can review the evidence and determine whether the insurer’s allegations about fault are supported.
Talk to Matt Hardin Law About a Disputed Motorcycle Accident Claim
Being accused of contributing to a motorcycle accident does not necessarily mean you have lost your right to seek compensation. Under Tennessee’s comparative fault system, even a rider who bears some responsibility may still have a claim when their percentage of fault remains below the applicable threshold.
Because every percentage point can affect the amount you may be able to recover, determining how the accident actually happened is important.
If you were injured in a motorcycle accident in Nashville or Middle Tennessee and fault is disputed, contact Matt Hardin Law to discuss your situation. Our team can review the circumstances of the collision, investigate available evidence, and help you understand how Tennessee’s comparative fault rules may affect your claim.
Schedule a complimentary consultation with Matt Hardin Law or call 1 (800) 777-MATT.