Seriously Injured in a Motorcycle Crash?
Motorcycle crash victims may be able to seek compensation, but they have the burden of proof. That is why they should contact a Chattanooga motorcycle accident lawyer as soon as possible.
The attorneys at Massey & Associates, P.C. have helped motor vehicle crash victims secure millions in compensation. With years of experience and a proven track record, we are here to guide you every step of the way. Our firm offers free consultations, charges no upfront fees and is available 24/7 to assist you.
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When Can a Motorcycle Crash Victim File a Lawsuit?
While riding a motorcycle is inherently dangerous, and riders cause some crashes, many other collisions are caused by driver negligence. If you think a negligent driver caused your collision, you may have a case for compensation.
That said, it is up to you as the victim to prove negligence occurred. This can be a difficult task, which is why victims often hire an experienced Chattanooga motorcycle accident 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 have suffered in the future
- And more
There are numerous examples of negligence that could cause a motorcycle collision:
- 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
Our attorneys develop a comprehensive legal strategy for each case we take on. We know each case is unique and that demands a unique strategy. We have the resources to thoroughly investigate what happened and bring the relevant experts to build a detail case for compensation.
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.
There is a wide range in the value of motorcycle accident claims, as injuries and recovery times vary. Some victims may miss work for a matter of months, while others may never be able to work again. Pain and suffering also varies widely, as two people with a similar diagnosis could experience wildly different pain levels. The victim’s age and overall health before the crash can also play a role in the value of a claim.
While Tennessee does not cap economic damages (medical costs, lost wages, pain and suffering), there is a cap on non-economic damages, which includes pain and suffering, emotional distress and loss of consortium.
Non-economic damages are usually capped at $750,000, unless the victim suffered catastrophic injuries, as defined by state law. The cap for catastrophic injuries is $1 million.
Unlike insurance companies that want to downplay claims, we focus on recovering full compensation. We know how vital compensation is for you and your family as you look to move forward. If you have any questions about how much compensation you may be eligible for, call today. We are ready to take your call 24/7.
Case Results
We make sure to hold an aggressive representation on all cases as well as communicate effectively and demonstrate a high level of professional ethics for the rights of our clients.
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$268,000,000
Product LiabilityThis was a national case covering hundreds of plaintiffs when an implanted heart defibrillator malfunctioned, injuring many and even killing some people.
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$2,000,000
Medical MalpracticeHusband of a young mother who died due to the failure to diagnose a pulmonary embolism
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1,311,750
Motor Vehicle AccidentBoy injured in a jet ski accident
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. There may be some exceptions, which our lawyers will discuss with you, based on the details of your accident.
However, one year is not a lot of time. If you were injured in a motorcycle crash, you should act fast to explore your legal options. If you do not move quickly, it will be harder to preserve evidence, making it harder to prove your case.
Insurance Coverage for Motorcycle Crashes in Tennessee
Tennessee operates under an at-fault system for car accidents. This means that the person determined to be at fault for the accident is responsible for covering the damages through his or her insurance.
Drivers are required to carry a minimum level of car insurance to legally operate a vehicle:
- $25,000 for bodily injury per person,
- $50,000 total for bodily injury for 2 or more individuals
- $15,000 total for property damage
This coverage ensures that, in the event of an accident, there are funds available to cover the damages incurred. However, these minimums can often fall short in severe crash claims.
If the at-fault driver’s coverage is not enough to cover your damages, you still have options. For example, you can turn to your underinsured motorist coverage. This provides coverage when the at-fault driver’s insurance coverage runs out and you still have damages. This coverage is optional, but it is a good idea to purchase it, because many drivers may not have enough coverage for serious injuries from a motorcycle crash.
“If anyone in Chattanooga needs an attorney, Mr. Massey is your man”
Tonda H.
What if the At-Fault Driver Does Not Have Insurance?
If the at-fault driver does not have any insurance, you can use your uninsured motorist (UM) coverage to cover your damages. This coverage acts as a substitute for the at-fault driver’s liability insurance, ensuring you are not left footing the bill for someone else’s negligence.
Our Chattanooga motorcycle accident lawyers can review the available insurance coverage to determine how to cover the damages you suffered. This may include insurance in your own policy.
What if the Insurance Company Calls Me?
Insurance companies often call motorcycle crash victims to offer compensation or to try to get you to say something that hurts your case.
You need to remember that insurance companies operate as businesses whose primary objective is to minimize their payout to maximize profits. This often means settling claims for as little as possible, which can leave you without the compensation you need for your injuries and damages.
So, if the insurance company calls you, you should refer them to your lawyer. If you talk to them, you should not say much. You can confirm you were in an accident and have sought treatment. Saying more than that can be a bad idea, because you might say something that hurts your case.
Insurance adjusters may ask you for a recorded statement about the accident as a tactic to gather information they could use against you. You should not provide a recorded statement without first consulting your lawyer.
Our experienced lawyers can manage all communication with the insurance company on your behalf. This frees you from having to watch what you say to the insurance company or saying something that makes it sound like you are at fault.
Injured?
Contact Massey & Associates, P.C.
You do not need to feel intimidated by the insurance company. The law gives you the right to seek compensation for damages after an injury caused by another’s negligence. The law also allows you to hire an experienced lawyer to help level the legal playing field and seek a favorable result.
Massey & Associates, P.C. has many years of experience securing justice and compensation for the injured in the Tampa area. There are no fees unless we win your case, either through a settlement or in the courtroom.
Call (423) 396-0720 to get legal help today..
Can You Seek Compensation if You Were Not Wearing a Helmet in the Crash?
Many crash victims may think there is no point in filing a claim because they were not wearing a helmet at the time of the accident. They think the insurance company will say not wearing a helmet makes them liable for injuries.
Riders around the country make this assumption, but especially riders in Tennessee, because our state requires all riders and passengers to wear helmets. However, the insurance company must take you as they find you. They cannot deny or undervalue your claim simply because not wearing a helmet may have made it more likely for you to suffer injuries.
No-Contact Motorcycle Crash Claims in Chattanooga
No-contact motorcycle accidents occur when another driver’s actions cause a motorcycle to crash without direct impact. For example, if a vehicle swerves into your lane, forcing you to veer off the road to avoid a collision. Although there was no contact, the other driver’s actions led to your accident, potentially making that person liable.
It can be difficult to prove these cases, which is why you should seek help from an experienced Chattanooga motorcycle accident lawyer.
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Steps to Take Following a Motorcycle Crash
The steps you take immediately after the accident can significantly impact your ability to build a compelling case and secure the compensation you deserve. Take the following steps to help ensure your right to seek compensation:
Seek Medical Attention
Always prioritize your health. Immediate medical evaluation not only addresses your injuries but also documents them, which can be critical evidence in your case.
Take Pictures
Take clear and detailed photographs of the damage to your motorcycle, the accident scene and your injuries. These images will provide a factual basis for your account of the incident and support your case in both settlement discussions and, if necessary, court proceedings.
Call Police
Officers will document the accident and produce an official report that details the incident. A police report supports your case and provides an unbiased, third-party account of what transpired.
Identify Any Witnesses
Witnesses can play a pivotal role in substantiating your claim. Make sure to gather the names, phone numbers and addresses of anyone who witnessed the accident. Witnesses provide additional perspectives that can reinforce your account of the incident, helping to validate your claim to insurance companies.
Consult with an Attorney
Speaking with an experienced Chattanooga motorcycle accident attorney early on can significantly benefit your case. They can guide you through each step.
Representing the People of Tennessee and Georgia
Massey & Associates consistently earns repeat business and referrals due to our success. We often win cases other attorneys deemed hopeless, turning them into victories for our clients.
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Gary Massey
Read Bio: Gary MasseyGary Massey, Jr., is a well-known courtroom advocate practicing law in Chattanooga, Tennessee. Gary is a native of Tennessee who began practicing law in 1998. He graduated from Cumberland School of Law where he was ranked in the top 3% of his class and was an editor of the Cumberland Law Review.
Common Injuries From Motorcycle Collisions
Motorcycle accidents can result in several types of injuries, many of which are severe due to the limited protection motorcyclists have compared to those in enclosed vehicles.
Road Rash
Road rash occurs when a rider’s skin scrapes against the pavement. Severe cases may require skin grafts and could result in permanent disfigurement.
Fractures
Fractures, or broken bones, frequently occur in the arms, legs, wrists and chest. Long-term consequences may include chronic pain, reduced mobility, and in some cases, permanent disability if not properly treated.
Head Injuries
Head injuries, including traumatic brain injuries (TBI) and concussions can caused long-term effects that include chronic headaches, cognitive deficits and emotional difficulties such as depression and anxiety.
Spinal Cord Injuries
Spinal cord injuries resulting from a crash can causing varying degrees of paralysis, which causes numerous complications, such as loss of bowel and bladder control, loss of the ability to regulate temperature, and chronic pain.
Internal Injuries
Internal injuries from a collision, such as damage to the liver, spleen or kidneys can be life-threatening.
Sprains and Strains
Sprains and strains involve the stretching or tearing of ligaments, tendons or muscles during the violent motion of an accident. Without proper treatment, sprains and strains can lead to chronic pain and other long-term problems.
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Call Our Chattanooga Motorcycle Accident Lawyers For Legal Assistance
Negligent drivers can cause dangerous motorcycle crashes resulting in life-changing injuries. Victims of these collisions often have huge medical expenses and immense pain and suffering.
Our attorneys understand the devastating impact of these accidents on riders and their families. We are here to provide the legal support you need throughout your recovery.
We pursue full compensation for victims, and we work on a contingency fee basis, so you pay nothing unless we win your case.
Contact us today at (423) 396-0720 to schedule a free consultation.
Call For a FREE CONSULTATION