Harlene Labrum | July 23, 2025 | Uncategorized
What Happens if You’re Partially at Fault in a Hit and Run?
A hit and run accident can turn an already distressing situation into a legal and financial challenge that feels impossible to navigate. When the responsible driver flees the scene, victims often struggle not only with physical injuries and property damage but also with the uncertainty of how fault will be determined and compensation secured. This legal uncertainty becomes even more daunting if you believe you may share some blame for the crash.
Unlike typical car accidents, determining liability in a hit and run often requires a deeper level of investigation. Without the other driver’s statement or insurance details, proving what happened relies heavily on physical evidence, witness accounts, and expert legal guidance. If there’s any chance you were partially at fault, understanding how comparative fault laws work in Tennessee is crucial to protecting your ability to recover compensation.
At Labrum Law Firm in Nashville, we’ve helped many clients navigate the challenges of hit and run claims—even in cases involving shared fault. If you’re facing this situation, our Nashville car accident lawyers are here to stand by your side and fight for the outcome you deserve.
What is a Hit and Run Accident?
A hit and run accident occurs when a driver involved in a collision knowingly and intentionally leaves the scene without providing their contact information, driver’s license, or insurance details. This can happen in situations ranging from a minor fender-bender in a parking lot to a major wreck on the interstate. In Tennessee, it’s not just a poor moral choice—it’s a crime.
Tennessee law requires every driver involved in an accident to take specific steps, regardless of who may be at fault. These include:
- Stopping as close to the accident scene as safely possible
- Providing your name, address, vehicle registration number, and insurance information to the other party
- Rendering reasonable assistance to anyone who is injured, including calling for medical help or emergency services if needed
Failing to meet these obligations is legally defined as a hit and run, and the consequences are serious:
- If only property is damaged, it’s a Class C misdemeanor
- If the crash results in injury, it becomes a Class A misdemeanor, punishable by up to 11 months and 29 days in jail, fines up to $2,500, and possible license suspension
- If the accident causes a fatality, the fleeing driver may face felony charges, which carry substantial prison sentences
In short, leaving the scene of an accident is a criminal act with escalating penalties based on the severity of the outcome.
Understanding Partial Fault in Tennessee Accidents
Not all accidents are black and white—sometimes, multiple parties share responsibility for the outcome. Tennessee addresses this through a modified comparative fault system, which allocates fault based on each party’s actions and the available evidence.
How it Works
In Tennessee, if you’re partially to blame for the accident, your compensation is reduced in proportion to your level of fault. For instance, if you’re found 20% at fault, you can still recover damages—but they’ll be reduced by 20%. However, the state enforces a strict 50% bar rule: if you’re found to be more than 50% at fault, you’re automatically disqualified from recovering any compensation.
This rule applies to all types of car accidents in Tennessee, including hit and run cases, making it critical to understand how fault is assessed and how it can impact your ability to seek damages.
Can You Still Recover Compensation If You’re Partially at Fault
Yes. Under Tennessee’s modified comparative fault rule, you can still recover damages as long as you are 49% or less at fault for the accident.
However, your compensation will be reduced by your percentage of fault. For example, if you’re involved in a collision and found to be 30% at fault while the other driver—who fled the scene—is 70% at fault, you can still recover damages. If your total losses amount to $100,000, your compensation would be reduced by 30%, leaving you with $70,000. This reduction reflects your share of the blame
Even if you believe you may share some responsibility, don’t assume you’re disqualified from compensation. At Labrum Law Firm, we can evaluate your case and fight to minimize your share of fault so you receive the recovery you deserve.
Proving Fault in a Hit and Run Case
Proving fault in a hit and run can be challenging—but not impossible. Even without the other driver present, there are several ways to build a strong case.
Key Evidence Sources
- Witness statements can help establish what happened and identify the fleeing vehicle.
- Surveillance footage from traffic cameras, businesses, or nearby homes may capture the incident or the vehicle’s license plate.
- Accident reconstruction experts can analyze skid marks, vehicle damage, and debris to help determine how the crash occurred and who was likely at fault.
If the hit-and-run driver is never found, your claim will likely proceed against your own uninsured motorist (UM) coverage. In these cases, the burden is on you and your attorney to prove another driver’s fault—even without their testimony or insurance information.
Filing an Uninsured Motorist (UM) Claim
In hit and run accidents, uninsured motorist (UM) coverage often becomes your primary source of recovery. Tennessee law requires auto insurers to include UM coverage in every policy unless you specifically rejected it in writing. This coverage steps in when the at-fault driver is unknown or uninsured—essentially allowing your own insurer to “stand in” for the missing driver.
Typical UM coverage includes $25,000 per person and $50,000 per accident for bodily injury, plus coverage for property damage. However, filing a UM claim isn’t always straightforward.
Insurance companies often scrutinize these claims and may try to minimize your payout by questioning whether you were partially at fault or whether there’s enough evidence to support your version of events.
Many carriers also require:
- Proof of physical contact between vehicles
- A prompt police report
- Supporting evidence, such as witness statements or photos
This is why having an experienced attorney on your side is essential. At Labrum Law Firm, we handle all negotiations directly with your insurer, ensure your claim is properly documented, and push back against efforts to deny or reduce valid claims—so you get the compensation you’re entitled to.
Legal and Strategic Challenges
Insurance companies have a financial incentive to assign you more fault. They may downplay your injuries, dispute your account, or question the existence or identity of the hit-and-run driver, especially if the evidence is unclear or incomplete.
An attorney increases your odds by:
- Preserving crucial evidence (like security camera footage).
- Gathering statements early, before memories fade.
- Engaging accident reconstructionists and other experts.
- Negotiating with insurers armed with a full factual record.
- Challenging unfair fault allocation and pushing for a fair result.
Sometimes the biggest challenge is the delay and uncertainty in finding the hit and run driver. Your legal team can keep pressure on authorities and insurers, ensuring your claim isn’t sidelined or unduly delayed.
How a Nashville Car Accident Lawyer Can Help
As your advocate, our law firm will:
- Investigate the crash thoroughly, looking for all potential sources of compensation, including the fleeing driver’s assets, uninsured/underinsured motorist coverage, and possibly third-party liability (like municipalities or companies whose vehicle caused the crash).
- Protect your rights when insurers claim you’re partially at fault, ensuring every piece of evidence is used to your advantage.
- Push back against insurance company tactics—whether they try to delay, deny, or act in bad faith regarding your claim. We know the tricks adjusters use and how to counter them.
- Guide you through the legal process, from paperwork and deadlines to trial if needed, so you don’t make a costly mistake. In Tennessee, most hit and run injury claims must be filed within one year of the accident—don’t risk missing this deadline.
Don’t Let Partial Fault in a Hit and Run Cost You Everything—Know Your Options
If you’ve been in a hit and run accident and worry you might be partially at fault, don’t assume you’re out of options. Tennessee’s comparative fault laws, the availability of UM coverage, and the investigative skill of your legal team can make all the difference for your physical recovery and financial future. Let us help you navigate this complex territory and fight for every dollar you deserve. Contact Labrum Law Firm in Nashville today at (615) 265-0000 to schedule your free consultation.
