The Short Answer:
Wondering how fault is determined after a car accident? It’s typically decided by insurance companies based on police reports, witness statements, and other supporting evidence. However, liability isn’t always clear-cut—multiple parties may share fault, and insurance adjusters don’t always get it right.
That’s why knowing when to hire a lawyer can make a difference. An experienced attorney will conduct their own investigation, gather additional evidence, and challenge any unfair findings to protect your rights and help you pursue the full compensation you may deserve.
Key Takeaways:
- Fault is determined using evidence: Common sources include police reports, crash scene photos, eyewitness accounts, and vehicle damage.
- Traffic laws matter: Violations like speeding, running a red light, or failing to yield often point to liability.
- Comparative fault can reduce your payout: If you’re partially responsible, your compensation may be reduced by your share of the blame.
- Insurance adjusters investigate too: Insurers conduct their review of the crash to decide who pays—and how much.
- A car accident lawyer can protect your rights: They help gather evidence, challenge unfair assessments, and fight for the compensation you may be entitled to.
How Do Insurance Companies Determine Fault?
After a car accident, the insurance company assigns a claims adjuster to investigate what happened. Their goal is to determine who was at fault and by how much. This decision impacts whether your claim is approved, how much is paid, and which party is responsible.
To make this determination, the adjuster reviews key pieces of evidence, including:
- Police Reports: These may include the responding officer’s assessment of fault and any citations issued.
- Witness Statements: Neutral third-party accounts can help clarify what really happened.
- Vehicle Damage Assessments: The location and severity of the damage can reveal how the crash occurred.
- Photos and Videos: Images of the scene, vehicle positions, weather, and road conditions can support your version of events.
- Dashcam or Security Footage: Video evidence can provide a clear, unbiased view of the crash.
While the adjuster’s findings are important, they aren’t always final or fair. Strong evidence—and a skilled lawyer—can help challenge an inaccurate fault determination and push for the compensation you’re potentially entitled to.
How a Lawyer Investigates Fault After a Crash
Insurance adjusters aren’t the only ones who evaluate fault. When you hire a car accident lawyer, they launch their independent investigation, often uncovering details the insurer may miss or overlook. This is especially helpful when fault is disputed or the insurer is trying to reduce your payout.
Here’s what a lawyer can do to strengthen your case:
- Collect Additional Evidence: Your attorney may find dashcam or surveillance footage, pull mobile phone records, or request black box data from the vehicles involved.
- Interview Witnesses: A lawyer can track down and interview witnesses whose statements support your version of events.
- Work With Experts: Accident reconstructionists and medical professionals may be brought in to explain how the crash happened and how your injuries occurred.
- Challenge the Insurance Findings: If the insurer wrongly assigns fault to you or undervalues your claim, your lawyer can challenge their conclusions using stronger evidence and legal arguments.
- Build a Clear Case for Liability: Your attorney will organize the evidence, present it clearly, and negotiate from a position of strength to secure the compensation you may deserve.
Fault is the foundation of your car accident claim. With The McMahan Law Firm on your side, you don’t have to rely solely on the insurance company’s version of events. Our experienced team will fight to prove the truth and protect your rights every step of the way.
Who Can Be Held Liable for a Car Accident?
More than one party may be responsible for a crash. Common liable parties include:
- Other Drivers: For reckless, distracted, or drunk driving.
- Vehicle Owners: If they let someone unfit use their car.
- Employers: If a company vehicle was involved while someone was on the job.
- Manufacturers: For accidents caused by defective parts.
- Government Entities: When unsafe roads or poor signage play a role.
Identifying all liable parties can increase your chances of recovering full compensation.
Tennessee Car Accident Liability FAQs
Yes. Tennessee follows an at-fault (tort) system for car accidents. This means the driver who is found responsible for causing the accident—and their insurance company—is financially liable for the resulting damages, including medical expenses, property damage, and other losses.
Tennessee uses a modified comparative negligence rule. If you are found to be 50% or more at fault for the accident, you may not be eligible to receive any compensation. However, if you’re less than 50% at fault, you can still recover damages, though your payout will be reduced in proportion to your share of responsibility.
In most cases, the at-fault driver’s insurance company is responsible for covering the damages. If more than one driver shares fault, each party’s insurer will pay a portion based on their percentage of liability.
When To Contact a Car Accident Lawyer
You should reach out to a car accident lawyer if fault is contested, unclear, or if you’re facing serious injuries and low settlement offers. Insurance companies often try to downplay claims or shift blame, especially in complex crashes.
An experienced attorney can step in to investigate the accident, gather and preserve necessary evidence, consult with accident reconstruction experts, and deal with the insurance company on your behalf.
Their goal is to prove fault and fight for the full compensation you may deserve.
Call The McMahan Law Firm After an Accident
At The McMahan Law Firm, we’ve helped countless injury victims across Tennessee hold negligent drivers accountable. Our team understands how overwhelming the aftermath of a crash can be, especially when fault is disputed or the insurance company is working against you.
From the moment you contact us, we take the pressure off your shoulders. We’ll thoroughly investigate your accident, preserve key evidence, communicate with insurers, and work with experts to build a case that proves who was at fault. Whether your case settles or goes to court, we’ll be by your side, fighting to make sure you’re treated fairly and fully compensated for your injuries.
Your consultation is always free, and you won’t pay us a thing unless we win for you. If you’ve been hurt in a car accident and want experienced legal guidance, don’t wait. Reach out to The McMahan Law Firm today—we’re ready to help.
