What Out-of-Town Drivers Need to Know After a Nashville Car Accident
If you are visiting Nashville and are involved in a car accident, one of the first things to understand is that the laws governing your claim are Tennessee’s laws, and not those of your home state. Car accident rules vary significantly from state to state, covering everything from how long you have to file a lawsuit to how fault is calculated and whether partial responsibility bars your recovery. What you are entitled to in Tennessee may be very different from what you would be entitled to at home, and knowing the key differences matters.
If you or a loved one has recently been injured in a crash, our car accident lawyers are available to advocate for you.
Fault and Comparative Negligence in Tennessee
Tennessee follows a modified comparative negligence system. You can recover compensation if you are found to be less than 50% at fault for the accident. If you are assigned any percentage of fault, your recovery is reduced by that percentage. So, if you file a claim for $40,000 in damages and are found 20% at fault, you will receive $32,000. If you are found 50% or more at fault, you are barred from recovery entirely.
Tennessee’s One-Year Statute of Limitations
Under the law, you have one year from the date of your accident to file a personal injury lawsuit in Tennessee. This is a hard deadline. Missing it almost certainly bars you from recovering anything, regardless of how strong your case is.
One year is a shorter window than most states provide. Many states allow at least 2 or 3 years for personal injury claims, which means out-of-town drivers are often surprised to learn how quickly the clock is running. Do not assume you have as much time as you would at home.
Tennessee allows three years for property damage-only claims, so if your vehicle was damaged but you were not injured, you have more time; injured drivers and passengers should treat the one-year deadline as firm.
Circumstances That May Pause the Clock
In limited situations, Tennessee law allows the statute of limitations to be tolled. If your injuries were not apparent at the time of the accident, the clock may not begin until you discovered or reasonably should have discovered them. If the injured party was a minor at the time of the crash, the one-year period does not begin until they turn 18. If the victim was incapacitated because of the accident, the period may not begin until they regain legal capacity.
However, it is critical never to assume any exception applies to your situation without speaking with a Tennessee attorney first. These exceptions are interpreted narrowly, and relying on one that does not actually apply to your case can cost you your entire claim.
Speak with Our Nashville Car Accident Attorneys
If you were injured in a Nashville car accident as an out-of-town driver, Raybin & Weissman is ready to help you understand your rights under Tennessee law and pursue the compensation you deserve. Call us at (615) 256-6666 or contact us online for a free consultation.