Legal Question in Insurance Law in Tennessee

Tenn.'s 50/50 laws concerning auto accident liabilty

I would like to find out what Tenn. statutory or common law says about how one is to come to the determination that resposibility for an auto accident is split 50/50 between both involved parties (and hence, the insurance companys are not required to assume liability- personal injury is not a factor). In other words, how are these situations to be assessed, that one can make the judgement, for example, that responsibility for an accident lies equally on both parties, as opposed to 60/40 in favor of one party, or even 70/30? Does Tenn. law present any criteria by which this decision is to be made?


Asked on 4/05/03, 12:47 pm

1 Answer from Attorneys
Alan Crone Crone & McEvoy, PLC

Re: Tenn.'s 50/50 laws concerning auto accident liabilty

That is the doctrine of comparative fault. The percentage of liability is one for a jury. Each case is different and no one can accurately predict how any given jury will react to a given set of facts. As far as I know there is no widely recognized authority to use as a guideline. Most experienced insurance adjusters however "know it when they see it." This is very subjective.

Read more
Answered on 4/07/03, 10:36 am


Related Questions & Answers

More Insurance Law questions and answers in Tennessee