If you ride in Chattanooga, you know how serious a motorcycle accident can be. Drivers of cars, trucks, and SUVs sit inside a vehicle with airbags and crumple zones. Riders sit atop an open frame. When a larger vehicle hits a motorcycle, riders pay the price.
If you have been hurt in a motorcycle crash, you probably have questions about your legal rights, your medical bills, and how to recover the cost of damage to your bike. We can answer those questions and walk you through what comes next.
The questions below are the ones we hear most often from riders or their family members after a crash.
Does Tennessee Require Bikers to Wear Helmets?
Yes. Tennessee requires every motorcycle operator and passenger to wear a DOT-approved helmet, regardless of age or length of time riding (TCA § 55-9-302). Eye protection is also required unless your bike has a windshield.
If you weren’t wearing a helmet at the time of your crash, the other driver’s insurance company may try to use that fact to push down the value of your claim. However, it does not necessarily prevent you from recovering. We can talk through how it might affect your case.
Is Lane Splitting Legal in Tennessee?
No. Lane splitting, or operating a motorcycle between lanes of moving or stopped traffic, is illegal in Tennessee.
Lane sharing, where two motorcycles ride side by side in the same lane, is also restricted. It is allowed only in limited circumstances, such as during a funeral procession.
If you were lane splitting at the time of a crash, the other driver’s insurance company may try to use that against you to reduce your settlement. An experienced motorcycle accident lawyer can help you respond to those arguments.
Can I File a Lawsuit for a Deceased Family Member After a Fatal Motorcycle Accident?
Losing a loved one in a motorcycle crash is one of the hardest things a family can face, and the legal system gives close family members a way to hold the at-fault driver accountable.
Tennessee law allows certain family members to bring a wrongful death claim. The right to file generally belongs first to the surviving spouse, then to the children, and then to other next of kin.
A wrongful death claim can pursue compensation for medical bills incurred before death, funeral and burial costs, the financial support your loved one would have provided, and the loss of their companionship and guidance.
The deadline to file is generally one year from the date of death, which is a short window. Reaching out to a lawyer early gives your family the best chance of preserving evidence and building a strong case.
What Is the Statute of Limitations for Filing a Motorcycle Accident Claim in Tennessee?
Under Tennessee Code Annotated § 28-3-104, you have one year from the date of the crash to file a personal injury lawsuit. That deadline applies to most motorcycle accident claims.
A few narrow exceptions apply. Cases involving minors, criminal conduct, or wrongful death may follow different deadlines.
This one-year window is among the shortest personal injury statutes of limitations in the United States.
- Criminal conduct involved: If the at-fault party faces criminal charges arising from the same incident, the deadline may be extended to 2 years under TCA § 28-3-104(a)(2).
- Minors: If the injured person was under age 18 at the time of the crash, the clock does not start until they turn 18. They then have one year from that birthday to file.
- Mental incapacity: If a victim cannot understand their legal rights due to a pre-existing mental disability (unrelated to the accident), the deadline may be tolled until competency is restored.
- Discovery rule: In rare cases, if an injury was not discovered until after the accident, the clock may start from the date the injured person discovered or should reasonably have known they were injured, rather than the date of the crash.
- Defendant out of state: Time during which the at-fault party is outside Tennessee may not count toward the limitation period.
- Wrongful death: If the motorcyclist is killed, the one-year clock runs from the date of death, not the accident date, under TCA § 20-5-113.
Because the rule is strict and the exceptions are narrow, talk to an experienced motorcycle accident lawyer as soon as you can after a crash.
What Are Tennessee’s Motorcycle Laws?
Tennessee’s motorcycle laws include the following:
- A safety helmet is required for all motorcycle operators and passengers under TCA § 55-9-302.
- Motorcyclists must wear eye protection unless the motorcycle is equipped with a windshield.
- Motorcycle headlights must be used during daytime hours.
- Lane splitting (operating a motorcycle between lanes of moving or stationary traffic) is illegal in Tennessee.
- A rearview mirror is required on all motorcycles.
- Footrests are required for operators and passengers on all motorcycles.
- If transporting a passenger, the motorcycle must have passenger seating and footrests.
- Mufflers are required, and cutouts are prohibited under TCA § 55-9-202.
- All motorcyclists must carry minimum liability insurance: $25,000 per person / $50,000 per accident for bodily injury, and $15,000 for property damage. Proof of insurance is required to register a motorcycle.
Can I Still File a Claim if I Dumped, Laid Down, or Otherwise Wrecked My Bike to Avoid a Worse Accident?
Yes, you may still have a claim. If another driver’s negligence forced you to lay your bike down to avoid a more serious collision, that driver can be held liable for your injuries and property damage. This is true even if their vehicle never made contact with you.
These cases can be more complex because the at-fault driver often disputes their role. It is important to gather evidence, such as eyewitness statements, dashcam footage, and police reports. An attorney can help you build the case.
Can I Still Recover Damages if I Wasn’t Wearing a Helmet?
You may still be able to recover damages, but not wearing a helmet can affect the value of your claim.
Tennessee follows a modified comparative fault rule. The insurance company may argue that not wearing a helmet contributed to the severity of your injuries, particularly head and brain injuries. Damages tied to those specific injuries may be reduced by your share of fault.
Damages unrelated to head injuries, such as broken legs or property damage, generally are not affected.
What Does “Modified Comparative Negligence” Mean in a Traffic Accident in Chattanooga?
Under Tennessee’s modified comparative fault system:
- If you are partially at fault for an accident, you can still recover damages, but only if your share of fault is less than 50%.
- Your total damages award is reduced by your percentage of fault.
- If you are found 50% or more at fault, you recover nothing.
Example: A jury awards you $400,000 in damages but finds you 25% at fault and the other driver 75% at fault. You would receive $300,000, which is the $400,000 reduced by your 25% share of fault.
Example: If you are found 50% at fault, you receive nothing, even if the other driver was also 50% at fault.
Who Will Pay My Hospital Bills After a Bike Crash?
After a serious motorcycle crash, the hospital bills tend to arrive long before any settlement does. This can be one of the most stressful parts of recovery.
Your own health insurance is usually the first to pay. If you have MedPay coverage on your motorcycle policy, that can help with out-of-pocket costs. The at-fault driver’s bodily injury liability coverage typically pays out at the end of the case, as part of the settlement, rather than as the bills come in.
If the at-fault driver had no insurance or not enough, your own uninsured or underinsured motorist coverage may step in.
It can get complicated, especially when health insurers want to be reimbursed out of your settlement. An experienced motorcycle accident lawyer can help you sort through who pays what and in what order.
How Much Money Can You Ask for Pain and Suffering After a Motorcycle Accident?
What your pain and suffering claim is worth depends on how badly you were hurt, how long your recovery takes, whether you’ll have lasting effects like scarring or limited mobility, and how the crash has changed your day-to-day life and mental health.
Tennessee caps non-economic damages in most personal injury cases at $750,000 per plaintiff. For catastrophic injuries and wrongful death, this cap increases to $1,000,000.
If I Have a Motorcycle Accident, How Can an Attorney Help Me?
Plenty of people try to handle a motorcycle claim on their own, then call a lawyer once they realize the insurance company is not their friend. By that point, evidence may be gone, and statements may be on the record that hurt the case.
A motorcycle accident attorney’s job is to do the legwork while you focus on recovering. That includes pulling the police report and any available video, finding witnesses before their memories fade, and identifying everyone who might be on the hook. Sometimes it is not just the other driver. It could be their employer, or even the maker of a defective vehicle part.
Your attorney can also deal with the insurance company so you don’t have to, and put a real number on what your case is worth, including bills you haven’t received yet and wages you’ll lose during recovery.
Riders also face a particular headwind. Insurance adjusters often assume the rider was speeding or being reckless, even when the evidence says otherwise. Having a lawyer in your corner pushes back on that.
Contact an Experienced Motorcycle Accident Attorney Today
Gary Massey Injury Lawyers is committed to serving our clients with care, trust, and dedication. Our personal injury attorneys work hard to help clients pursue fair compensation after a motorcycle accident.
We treat our clients with the compassion and respect they deserve, and we are proud of our firm’s results. For a free consultation about your case, contact us today.
