After a crash or serious injury, many people in Memphis, Tupelo, and across Tennessee and Mississippi tell us the same thing:

“I know I was hurt… but I think I was at least a little bit at fault. Do I still have a case?”

The good news:
In both Tennessee and Mississippi, being partially at fault does not automatically kill your personal injury claim. You may still be able to recover money for your medical bills, lost wages, and pain and suffering—sometimes a lot more than you think.

The catch:
The rules are different in each state, and insurance companies will use those rules to blame you as much as possible and pay you as little as possible.

At John Michael Bailey Injury Lawyers, we’ve spent more than 45 years fighting for injured people in Tennessee & Mississippi. We “throw the first punch” for our clients—because if you don’t push back, the insurance company’s version of what happened becomes the only version that matters.

This guide explains:

• How fault is actually calculated in Tennessee vs. Mississippi
• Whether you can still win your case if you were “partly to blame”
• How your percentage of fault affects your payout
• What you can do right now to protect your claim

 

Quick Answer: Yes, You Can Win a Case Even If You Were Partly at Fault

In both states where John Michael Bailey Injury Lawyers practices:

• Tennessee uses a modified comparative fault rule with a 50% bar.
• Mississippi uses a pure comparative fault rule.

You don’t need to memorize legal jargon. Here’s what it means in plain English:

• You can still win money even if you share some blame.
• The amount you receive is reduced by your percentage of fault.
• In Tennessee, if you’re 50% or more at fault, you’re barred from recovering.
• In Mississippi, you can often recover something even if you’re mostly at fault.

So the real question isn’t just, “Was I at fault?”
It’s: “How much fault will they try to pin on me—and what can my lawyer do to fight that?”

 

How Fault Works in Tennessee and Mississippi

Because JMB handles cases in both states, we’re very intentional about which rules apply to your case and how to use them in your favor.

Tennessee: Modified Comparative Fault (The 50% Rule)

In Tennessee, the law says:

• You can recover damages as long as you are less than 50% at fault.
• Your total compensation is reduced by your percentage of fault.

Example:

• Your total damages: $100,000
• You are found 20% at fault
• You can recover $80,000 (because 20% is deducted)

But:

• If you were found 50% or more at fault, you may recover nothing.

That’s why insurance companies handling Tennessee accidents work hard to push your fault percentage up—because if they can get to 50%, your claim disappears.

Mississippi: Pure Comparative Fault (More Flexible, Still Dangerous)

Mississippi is more forgiving to injured people who share some blame:

• You can recover damages no matter your percentage of fault, even if it’s more than 50%.
• Your compensation is still reduced by your share of fault.

Example:

• Your total damages: $100,000
• You are found 60% at fault
• You could theoretically still recover $40,000 (the remaining 40%)

This is good news for people who think, “I really did make a mistake.” But it also means insurance companies in Mississippi will hammer the blame issue to shrink your payout.

 

Real-World Scenarios: “Do I Still Have a Case If…”

Here are some of the most common situations we see at John Michael Bailey Injury Lawyers.

1. “I Was Rear-Ended, But I Stopped Suddenly.”

In many rear-end crashes, the driver who hits you from behind is presumed at fault—but insurers may argue you:

• Stopped too quickly
• Didn’t have working brake lights
• “Cut in front of” the other driver

Even if you did stop abruptly, that doesn’t automatically erase the other driver’s responsibility. You may be assigned some fault, but that doesn’t mean no compensation. A thorough investigation (video, skid marks, damage patterns, witness statements) often shows the rear driver was still primarily negligent.

2. “I Was Speeding When I Got Hit.”

Speeding can increase your percentage of fault, but again, it’s rarely the whole story.

For example:

• You were going 10 mph over the limit.
• The other driver ran a red light while texting.

Your speeding may count against you, but the other driver’s violation may still make them mostly responsible. Your lawyer’s job is to separate out what truly caused the crash from what the insurer just wants to blame you for.

3. “I Slipped and Fell, But I Wasn’t Watching Where I Walked.”

Property owners in Tennessee and Mississippi have duties to keep their spaces reasonably safe. Even if you were distracted, you may still have a claim if:

• A spill or hazard was left unattended
• There were no warning signs
• The danger existed long enough that staff should have known about it

Insurers love to label these cases as “your fault.” A strong premises liability claim focuses on what the business did—or failed to do—to protect customers.

 

How Your Percentage of Fault Impacts Your Payout

Being partially at fault doesn’t just affect whether you win—it affects how much you take home.

Here’s a simple illustration (similar in both TN & MS, different only because of the 50% bar in Tennessee):

• Total damages: $150,000
  • Medical bills
  • Future treatment
  • Lost wages / reduced earning capacity
  • Pain and suffering

Now, compare outcomes:

• If you’re 10% at fault
  • You could recover $135,000
• If you’re 30% at fault
  • You could recover $105,000
• If you’re 49% at fault (TN)
  • You could still recover $76,500
• If you’re 51% at fault (TN)
  • You may recover $0

In Mississippi, even at 51% fault, you’d still recover something, but every extra percent of blame costs you real money.

This is why having a legal team that pushes your fault percentage down and builds up the other side’s negligence can dramatically improve your outcome.

How Insurance Companies Try to Blame You

Make no mistake: if you were even slightly involved in what happened, the insurance company will seize on it.

They may claim you:

• “Should have seen it coming”
• “Weren’t paying attention”
• “Ignored warning signs”
• “Didn’t follow doctor’s orders” or “made your injuries worse”

Sometimes they imply this casually in conversation; sometimes they bake it into the police report or adjuster notes. Either way, the long-term goal is the same:

Increase your percentage of fault, decrease your compensation.

At John Michael Bailey Injury Lawyers, our approach is the opposite:

We throw the first punch by building your case as if it’s going to court. That sends a clear message that we’re not going to quietly accept an inflated fault percentage or a lowball offer.

Related reading: Is it hard to win a personal injury lawsuit?

The JMB Guarantee: How We Put You First Even When Fault Is Disputed

When fault is being fought over, you need a firm that doesn’t just say “we fight”—you need a firm that backs it up with a concrete promise.

That’s where the JMB Guarantee comes in:

• If there is a recovery in your case, you will take home more money than we do in legal fees. It’s your life and your injuries; you should not walk away feeling like the lawyer made more money than you did.
• You’ll have an attorney and a legal team assigned to your case—not just a case manager. Your attorney and paralegal call and introduce themselves and stay with you every step of the way.
• We are not afraid to fight in court if the insurance company refuses to make a fair offer, especially when they’re unfairly blaming you.
• If you’re ever unhappy with your client experience, you can call John Michael Bailey directly, and he will take immediate action to address your concerns.

We can’t guarantee results—no lawyer can or should. But we can guarantee how we treat you, and that if we recover money for you, you will get more than we do.

 

7 Ways to Protect Your Case If You Were Partially at Fault

If you’re worried you share some blame, here’s what you can do starting today to protect your rights.

1. Don’t Assume You Have “No Case.”

Legal fault is often very different from how it feels emotionally. Many people blame themselves because:

• They “should have done something differently,” or
• They don’t fully understand what the other driver or business did wrong.

Let a personal injury lawyer evaluate the whole situation before you decide it’s hopeless.

2. Be Careful What You Say to Insurance Adjusters

Adjusters are trained to ask questions in ways that make you accept blame without realizing it.

• Avoid saying “I’m sorry,” “It was my fault,” or “I should have…”
• Don’t guess about speeds, distances, or timing.
• Never agree to a recorded statement without talking to a lawyer first.

3. Get Medical Care and Follow Your Doctor’s Instructions

Gaps in treatment and missed appointments give insurers an excuse to say:

• You weren’t badly hurt, or
• You made your injuries worse.

Consistent care not only helps you heal—it creates a clear paper trail tying your injuries to the accident.

4. Preserve Evidence Immediately

If you can, or have a friend or family member:

• Take photos of the scene, vehicles, hazards, and visible injuries.
• Get names and contact info for witnesses.
• Save damaged clothing, property, and any incident or accident reports.

Your legal team can often gather more, but early evidence is incredibly powerful.

5. Let Your Lawyer Handle Fault Arguments

Arguing about fault on your own—especially with an adjuster or defense lawyer—is like stepping into the ring with a pro fighter when you’ve never boxed before.

At JMB, we:

• Analyze police reports and challenge inaccuracies
• Collect surveillance footage and black-box data where available
• Work with experts when needed (accident reconstruction, engineering, human factors)
• Present your story in a way that highlights the other party’s choices, not just yours

6. Understand That Social Media Can Be Used Against You

Posts, photos, and comments can be twisted to suggest:

• You weren’t really injured
• You “admitted” something about the accident
• You’re doing activities inconsistent with your claimed limitations

Best practice: stay quiet online about your accident and injuries until your case is resolved.

7. Talk to a Local Lawyer Who Knows TN & MS Law

Fault rules are state-specific. A generic internet article won’t tell you:

• How judges and juries in Memphis, Shelby County, DeSoto County, Tupelo, and surrounding areas actually view these cases
• What local insurance defense firms tend to argue
• How similar cases have been resolved here, not just nationwide

That’s where a firm rooted in Tennessee and Mississippi, like John Michael Bailey Injury Lawyers, offers a real advantage.

 

When Should You Call a Lawyer If You Were Partly at Fault?

The short answer: as soon as possible.

You should especially reach out quickly if:

• The insurance company is already suggesting you were mostly to blame
• You’re getting calls asking for recorded statements
• You’re receiving confusing forms or small settlement offers
• Your injuries are serious, long-lasting, or getting worse
• A loved one was killed or catastrophically injured

The earlier we’re involved, the more we can do to:

• Protect evidence
• Control the narrative about fault
• Keep you from saying or signing something that hurts your case

 

Still Worried You Were Partly at Fault? Let’s Talk About It.

If you’ve been injured in Memphis, Tupelo, or anywhere in Tennessee or Mississippi, and you’re worried that your own mistakes might ruin your claim, we want you to hear this clearly:

You do not have to be perfect to have a valid personal injury case.

Your job right now is to:

• Focus on your health
• Be honest about what happened
• Let an experienced legal team fight the battles you shouldn’t have to fight alone

At John Michael Bailey Injury Lawyers, we offer free consultations and the JMB Guarantee that if there’s a recovery, you’ll take home more money than we do in legal fees.

If you’re ready to find out where you really stand—not where the insurance company says you stand—call 888-WE-FIGHT or contact us online today.

Make the call. Let’s get it all.