Short answer: Tennessee is not a no-fault state. The Tennessee Supreme Court held that "so long as a plaintiff's negligence remains less than the defendant's negligence the plaintiff may recover," [1] so the driver who caused the crash pays, and your own share of fault reduces what you can recover.
Case law last verified November 8, 2026. General information, not legal advice. Fault is decided by the facts of each case; only an attorney can tell you how the rule applies to yours.
The rule in one sentence
In McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), the Tennessee Supreme Court held that "so long as a plaintiff's negligence remains less than the defendant's negligence the plaintiff may recover" (833 S.W.2d at 57) [1]. The Tennessee Encyclopedia, published by the Tennessee Historical Society, describes the ruling this way: the Court "abolished the doctrine of contributory negligence" and "replaced it with a system of comparative negligence." [2] [2]
What changed in 1992
| Before McIntyre | After McIntyre | |
|---|---|---|
| Rule | Contributory negligence: any fault by the injured person could bar recovery | Modified comparative fault |
| A person 10% at fault | Barred | Can recover, reduced by 10% |
| A person 50% at fault | Barred | Barred if the other side is 50% at fault (not less) [1] |
| Who decides the percentages | n/a | The jury or the judge, after hearing the evidence |
How the percentages work (illustrations, not predictions)
These examples use percentages only. They show the arithmetic of the rule and say nothing about what any real case is worth.
| Example | Injured person's share | Other side's share | What the rule does |
|---|---|---|---|
| A | 0% | 100% | No reduction |
| B | 20% | 80% | Damages are reduced by 20% [1] |
| C | 40% | 60% | Damages are reduced by 40% |
| D | 49% | 51% | Damages are reduced by 49% (still recovers) |
| E | 50% | 50% | The injured person's share is not less than the other side's, so the rule bars recovery |
| F | 60% | 40% | Barred |
| G (two other drivers) | 40% | 30% and 30% | Courts compare the injured person's share with the combined fault of the others, so 40% is less than 60% and the injured person can recover, reduced by 40% [1] |
Example G reflects how Tennessee courts have described the rule for more than one at-fault party; the details can get complicated, and an attorney can explain how they apply.
What "fault" means in practice
Fault is a finding about what each person did. Things that often come up in a crash:
- Speed, following distance, lane changes and signals.
- Who had the right of way, and traffic signals and signs.
- Phone use, impairment, or driving too fast for conditions.
- Seat belts are handled differently. Tennessee's seat belt statute says that evidence a person was not wearing a belt "shall not be admissible into evidence in a civil action," [4] with a narrow exception for certain product-liability claims. In an ordinary crash claim, then, belt use is not counted as part of the injured person's share of fault, whether they were driving or a passenger.
Fault can also be assigned to someone who is not yet in the lawsuit. Under Tenn. Code Ann. § 20-1-119, a plaintiff whose claim against that person would otherwise be time-barred can add them, or file a separate action, within ninety days after an answer alleges their fault [3]. Ask an attorney how this applies to a real case.
A police report records what the officer saw and heard. It is useful evidence, but the officer's coding is not a legal finding of fault. See how to get a Memphis crash report.
Why records help
Because a percentage can change the result, accurate records matter: photos of the scene, weather and lighting, witness names, the other driver's information and your own notes written soon after. Our free after-a-crash checklist and crash journal are built for this.
Sources
- McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992), Harvard CAP case text (checked November 8, 2026)“so long as a plaintiff's negligence remains less than the defendant's negligence the plaintiff may recover”“negligence attributable to plaintiff was equal to, or greater than”“damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff”“plaintiff will be entitled to recover so long as plaintiff's fault is less than the combined fault of all tortfeasors”
- Tennessee Encyclopedia (Tennessee Historical Society): McIntyre v. Balentine (checked November 8, 2026)“abolished the doctrine of contributory negligence”“replaced it with a system of comparative negligence”
- Tenn. Code Ann. § 20-1-119, comparative fault, joinder of additional defendants (FindLaw) (checked November 9, 2026)Code text via FindLaw (unofficial copy)“within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault”
- Tenn. Code Ann. § 55-9-604, seat belt evidence in civil actions (FindLaw, current as of Jan. 2, 2024) (checked November 9, 2026)Code text via FindLaw (unofficial copy)“shall not be admissible into evidence in a civil action”
- Tennessee Department of Revenue: why you should have insurance (Drive Insured Tennessee) (checked November 8, 2026)Official source“$25,000 for each injury or death per accident”
Unofficial copies come from a legal publisher, not the state. They can lag the current code, so check the official code before relying on a date or amount.
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
Is Tennessee a no-fault state?
No. In Tennessee an injured person can recover from the driver at fault when the injured person's own share of fault is less than that driver's [1]. Separately, Tennessee requires drivers to carry liability insurance, with at least $25,000 per person for injury or death [5].
Is Tennessee a contributory negligence state?
No. Tennessee abolished contributory negligence in McIntyre v. Balentine (1992). It uses modified comparative fault [2].
What is Tennessee's 50 percent rule?
If your share of fault is less than the other party's, you can recover a reduced amount [1]. If it is equal to or more, you are barred [1].
Does comparative fault change how long I have to file?
No. Fault rules and filing deadlines are separate. See Tennessee deadlines.
Who decides who is at fault?
A jury or judge in a lawsuit; insurance companies also assign fault when they handle claims.
Does a traffic ticket decide fault?
A ticket is one piece of information. It does not by itself settle fault in a civil case.
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- State reference
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