STATE LAW – TENNESSEE LIBRARY – GUIDE 17
Tennessee Modified Comparative Fault & the 49% Rule
Tennessee follows modified comparative fault under McIntyre v. Balentine. A plaintiff may recover only when the plaintiff’s negligence is less than the fault attributed to the defendant or defendants; damages are then reduced by the plaintiff’s percentage of fault.
Tennessee follows modified comparative fault
McIntyre v. Balentine adopted modified comparative fault. A plaintiff may recover only if the plaintiff’s fault is less than the defendant’s fault; recoverable damages are then reduced by the plaintiff’s percentage of fault.
A plaintiff at 50% fault does not recover
At 50% fault, the plaintiff does not satisfy Tennessee’s less-than threshold. Liability investigation therefore should address traffic controls, speed, distraction, visibility, intoxication, vehicle condition and every actor whose fault may be legally allocated.
Allocate fault against every proper actor
Multi-party allocation, vicarious liability and statutory immunities can affect the comparison. Preserve facts supporting each actor’s conduct instead of treating the police citation or insurer percentage as conclusive.
Do not confuse future uninsured-owner damages law with comparative fault
Public Chapter 1077 adds a future July 1, 2027 noneconomic-damages limitation for a narrow group of repeatedly notified uninsured owner/lessees. That future cap is a damages rule, not a replacement for Tennessee’s comparative-fault doctrine.
Current-law review: October 4, 2026. Verify the accident-date policy, current primary authority, later case treatment, and claim-specific deadlines before legal reliance.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Authorities and source notes
- McIntyre v. Balentine — 833 S.W.2d 52 (Tenn. 1992)
- Tennessee civil damages caps — Tenn. Code Ann. §§ 29-39-102, 29-39-104
- Tennessee Public Chapter 1077 (2026) — financial-responsibility enforcement and future motor-vehicle damages rule — 2026 Tenn. Pub. Acts ch. 1077 (SB 1667/HB 1690)
Registry authority mapping and cited propositions reviewed October 4, 2026. Canonical source preservation and formal subsequent-history review remain maintenance items where noted.
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