Motorcyclists are among the most vulnerable people on the road. They lack the protection of a sturdy vehicle frame, and what might seem like a minor crash can cause severe injuries.
Sadly, while many motorcycle accident victims are left reeling from their injuries, they also bear the burden of proving who was at fault in the accident. That is why motorcyclists contact our team of accident attorneys at Massey & Associates.
We have helped countless motorcycle crash victims prove negligence and secure millions in compensation. If you’ve been in a motorcycle accident, we are here to fight for you.
How Driver Negligence Causes Motorcycle Accidents in Chattanooga
While riding a motorcycle is inherently dangerous, and riders cause some crashes, many other collisions are caused by another driver’s negligence. If you think a negligent driver caused your collision, you may have a case for compensation.
It’s important that the damages you have suffered and may suffer in the future are clearly demonstrated. This can be a difficult task, which is why victims often hire an experienced lawyer to seek full compensation.
There are many factors our lawyers need to consider about whether a motorcycle crash victim may have a case, such as:
- How the collision happened
- The severity of your injuries
- Evidence you collected at the scene
- The damages you have suffered and may suffer in the future
Examples of driver negligence that could cause a motorcycle collision include:
- Distracted driving
- Speeding
- Failure to yield
- Following too closely
- Failing to stay in a lane
- Running a red light
- Making an unsafe turn
- Aggressive driving
- Driving under the influence
Another example of driver negligence in a motorcycle accident case is called a “no-contact accident.” This occurs when another driver’s actions cause a crash without direct impact. For example, if a driver swerves into your lane, forcing you off the road, that driver may still be liable for your damages.
Regardless of what caused your accident, our attorneys develop a comprehensive legal strategy for each case we take on. We know each case is unique and requires a tailored approach. We have the resources to thoroughly investigate what happened and consult experts to build a strong case for compensation.
Common Injuries From Motorcycle Collisions
As we’ve mentioned, motorcyclists are especially vulnerable to serious injury. Without the protection other motor vehicles provide, they are susceptible to the following common injuries:
- Road Rash: Skin abrasions from contact with pavement, sometimes requiring skin grafts
- Fractures: Broken bones, particularly in the arms, legs, and ribs
- Head Injuries: Concussions or traumatic brain injuries (TBI), even with a helmet
- Spinal Cord Injuries: Potential paralysis or chronic pain
- Internal Injuries: Damage to the liver, spleen, or other organs
- Sprains and Strains: Muscle and ligament injuries that may cause long-term discomfort
These injuries can have lasting physical, emotional, and financial impacts. If you’ve been hurt in a motorcycle crash, it’s important to seek legal help right away.
What Is the Value of My Motorcycle Crash Case?
The value of your motorcycle accident case depends on several factors, including:
- Medical Expenses: Both current and future medical costs related to your accident.
- Lost Wages: Income lost due to your inability to work.
- Pain and Suffering: Compensation for your physical pain, emotional distress, and reduced quality of life.
- Property Damage: Costs to repair or replace your motorcycle and any damaged gear.
The value of claims varies, as some victims may recover quickly, while others suffer long-term disabilities. Tennessee does not cap economic damages like medical costs and lost wages, but non-economic damages (pain and suffering) are typically capped at $750,000. If the victim suffered catastrophic injuries, the cap increases to $1 million.
Also, there’s a modified comparative negligence rule in Tennessee, which means you can receive compensation even if you are partially at fault. However, you must be 49% or less at fault to recover damages.
Unlike insurance companies that try to downplay claims, we focus on recovering full compensation. If you have questions about your potential compensation, call us today. We are available 24/7.
Steps to Take Following a Motorcycle Crash
Knowing what to do after a motorcycle accident can help protect your health and your potential injury claim. These crashes leave victims confused and often severely injured, so to the extent a motorcycle crash victim can, we recommend following these steps:
- Seek Medical Attention: Immediate treatment helps link your injuries to the crash.
- Take Pictures: Capture images of the accident scene, your motorcycle, and injuries.
- Call Police: A police report provides an official record of the accident.
- Identify Witnesses: Collect witness names and contact details.
- Consult With an Attorney: A lawyer can guide you through the legal process and handle negotiations.
These steps can make all the difference in the outcome of your case and your physical well-being.
How Long Do I Have to File a Motorcycle Crash Lawsuit?
In Tennessee, the statute of limitations for filing a personal injury lawsuit is generally one year from the date of the accident. However, there may be exceptions, which our lawyers can discuss with you.
One year is a short time, so you should act fast to explore your legal options. If you delay, it will be harder to preserve evidence, making it more difficult to prove your case.
What to Know About Insurance for Motorcycle Crashes in Tennessee
As we mentioned, Tennessee operates under an at-fault system for motor vehicle accidents. The at-fault driver’s insurance is responsible for covering the damages.
Drivers must carry a minimum level of insurance:
- $25,000 for bodily injury per person
- $50,000 total for bodily injury per accident
- $15,000 for property damage
However, these limits may not be enough to cover damages in severe crashes. If the at-fault driver’s coverage is insufficient, victims may turn to their underinsured motorist (UIM) coverage.
If the at-fault driver lacks insurance entirely, you can use your uninsured motorist (UM) coverage to cover your damages. This coverage serves as a substitute for the at-fault driver’s liability insurance.
Our lawyers can review all available insurance coverage to ensure you receive the compensation you deserve. Also, our lawyers handle all communication with the insurance company. Be aware that insurance companies often call motorcycle crash victims to offer compensation or attempt to get them to say something that could harm their case. They aim to minimize payouts.
If they call you, refer them to your lawyer. If you must speak with them, keep your statements brief—confirm the accident and your medical treatment but avoid providing details. Also, insurance adjusters may request a recorded statement. Do not provide one without consulting your lawyer.
Can You Seek Compensation if You Were Not Wearing a Helmet?
Tennessee law requires all riders and passengers to wear helmets. However, insurance companies cannot deny or undervalue your claim simply because you were not wearing a helmet. They are still responsible for covering your injuries as they occurred.
Call Our Chattanooga Motorcycle Accident Lawyers for Legal Assistance
Negligent drivers can cause dangerous motorcycle crashes, leading to life-changing injuries. Victims often face overwhelming medical expenses and immense pain and suffering.
Our attorneys understand the devastating impact of these accidents. We are here to provide the legal support you need throughout your recovery.
Also, we work on a contingency fee basis, meaning you pay nothing unless we win your case. Contact us today to schedule a free consultation.