If I was injured in an auto accident in which both the other driver and I were partially at fault, can I still make a claim?
Yes. In Mississippi, we have a comparative fault statute that allows someone who is 99 percent at fault to still collect one percent. A jury determines the amount of your fault and the court actually reduces the amount of your award, or a verdict, by the percentage of your fault.
In Tennessee, if you are more than 50 percent at fault, then you cannot recover anything. It’s a complete bar to your recovery. So, here it is even more important to hire a lawyer that can advocate on your behalf to ensure that that percentage is no more than 50 percent.