Tennessee uses a modified comparative negligence system to determine fault and compensation in personal injury cases involving negligence. Under this system, the negligence of both the plaintiff (injured party) and defendant (at-fault party) are compared to determine what percentage each party contributed to the accident.
If the plaintiff is less than 51% at fault for the accident, they can still recover compensation from the defendant but any award will be reduced by their percentage of fault. For example, if the plaintiff is found to be 30% at fault and receives a $100,000 award, it would be reduced by 30% to $70,000.
However, if the plaintiff is deemed to be 51% or more at fault for causing the accident, they are barred from recovering any compensation from the defendant under Tennessee law. In other words, a plaintiff must be less at fault than the party they are suing in order to receive any damages. Our Nashville car accident attorney can help you determine whether or not you have the foundation of a successful pedestrian accident lawsuit.
Comparative Negligence in Pedestrian Accidents
In pedestrian accident cases, comparative negligence also applies. Fault is determined by examining the actions of both the pedestrian and the driver. Even if a driver was negligent, a pedestrian may share some of the blame if they were also acting carelessly.
Some examples of pedestrian negligence may include:
- Crossing outside of a crosswalk
- Darting into traffic
- Failure to yield to oncoming vehicles
- Inattention (talking on cell phone, wearing headphones, etc.)
- Walking while intoxicated
- Wearing dark clothing at night
On the other hand, some examples of driver negligence may include:
- Distracted driving (texting, eating, talking on the phone, etc.)
- Driving while impaired
- Excessive speeding
- Failure to yield to a pedestrian in a crosswalk
- Disregarding weather or road conditions
How Comparative Negligence Affects Pedestrian Accident Claims
If a pedestrian is determined to be partially at fault for their injuries, any compensation they recover will be reduced by their percentage of fault. For example:
- A pedestrian is hit while improperly crossing a road and is found 25% at fault
- A driver is found 75% at fault for inattentive driving
The pedestrian is awarded $100,000 in damages. The $100,000 award is reduced by 25% to $75,000 due to the pedestrian’s comparative negligence
It is important for pedestrians to understand that even minor fault on their part can seriously reduce potential compensation. An unfavorable finding of 50% or more fault would bar recovery entirely.
Pedestrians should consult with us to get a fair assessment of comparative negligence in their case. We can argue against unreasonable findings of fault and help maximize your potential recovery. We can also help determine if any exceptions may apply.
Exceptions to Comparative Negligence
There are some exceptions under Tennessee law where a plaintiff may be able to recover full damages even if they were more than 50% at fault, including:
- Gross negligence by the defendant
- The defendant was under the influence of drugs/alcohol
- The defendant was charged with a felony or misdemeanor for the accident
- The defendant failed to exercise reasonable care to avoid a foreseeable danger
What Do Courts Consider When Determining the Percentage of Fault?
Courts typically consider several factors when determining comparative fault between pedestrians and drivers in accident cases:
- The pedestrian’s location at the time of the accident – Were they crossing properly at a crosswalk, intersection, etc. or were they jaywalking or crossing unsafely?
- The pedestrian’s attentiveness – Were they distracted by a cell phone, headphones, etc. or were they paying attention to traffic conditions?
- The driver’s attentiveness – Was the driver distracted, speeding, under the influence, or acting negligently in any way?
- Lighting conditions – Was visibility clear or was it dark, rainy, foggy, etc.? Could the pedestrian be clearly seen?
- Clothing – Was the pedestrian wearing bright, reflective clothing or dark colors that blended into the environment?
- Traffic signals – Did the pedestrian or driver violate any traffic signals, signs, or laws?
- Reaction time – How much time did each party have to react and take evasive action?
- Speed of vehicles – Were vehicles traveling at or below the posted speed limit?
- Age factors – The conduct expected of children is different than average adults.
- Disability factors – Courts will consider if a pedestrian had any physical or mental disabilities that played a role.
- Other mitigating circumstances – Any other conditions or factors that help explain the actions of the pedestrian or driver.
By examining the specific details of the accident, courts determine if both parties acted reasonably given the circumstances or if one holds greater fault than the other. The goal is to make the most fair determination based on the totality of the evidence.
An experienced Nashville personal injury attorney from Monge & Associates can advise whether any exceptions may apply in your pedestrian accident case. It is important to understand how comparative negligence works in Tennessee and how it may impact your potential compensation after being injured as a pedestrian. Consult with us to protect your rights.
We have offices in 32 locations and 19 states, including Tennessee, Florida, and Washington.