Hixson Motorcycle Accident Lawyer
There are few things in life that riders relish more than the chance to take a long motorcycle ride, but this joy may, unfortunately, turn to sorrow due to the devastating injuries that could occur due to a motorcycle crash. Depending on how the accident occurred and the severity of your injuries, a personal injury attorney may be able to assist you with bringing a civil claim for damages against a legally liable party.
Retaining a Hixson motorcycle accident lawyer could increase your odds of receiving compensation for your injuries. Insurance companies and the court system have many complicated legal forms and rules unique to this kind of claim, but experienced legal counsel could assist you throughout the process.
Negligence Claims Following Motorcycle Wrecks
Tennessee is a “fault” insurance state, which means that injured bikers and automobile drivers may bring a lawsuit directly against another driver for his or her injuries instead of utilizing his or her insurance first. The most common legal theory an injured victim might cite when filing a civil claim after a motorcycle accident is negligence by the defendant.
To prove legal negligence, a plaintiff must demonstrate the following elements in court:
- The defendant had a duty of care to act reasonably under the circumstances
- The defendant breached his or her duty of care by acting unreasonably
- The breach directly caused the accident in question
- The plaintiff suffered physical damages as a result of the crash
Motorcycle Operation Statutes Impacting a Negligence Claim
The success of a negligence claim may depend on whether the injured plaintiff was following the unique laws that apply to motorcycle riders in Hixson. Under Tennessee state law, a court may not award damages to a plaintiff if he or she is equally to blame for the accident. If a judge or jury finds that a motorcyclist was 50 percent or more at fault for the crash, that motorcyclist would not be able to recover anything for his or her damages regardless of any other person’s role in the accident.
One option to show that either a plaintiff or defendant bore the majority of the fault for an accident is to prove he or she was negligent per se. Negligence per se means that the person in question can be considered negligent because he or she was violating the law—for example, a driver who was carelessly swerving onto the wrong side of the road, which is prohibited by law in Tennessee.
Tennessee has numerous laws that are especially relevant for motorcyclists. Tennessee Code §55-9-302 requires all riders above the age of 21 to wear a motorcycle helmet A Hixson motorcycle crash lawyer who understands these laws could help defend against claims of comparative negligence and work with a harmed motorcyclist to pursue full and fair damages.
Recoverable Damages for a Negligence Claim
Someone harmed in a motorcycle accident may recover economic as well as non-economic damages. Economic costs related to such incidents often include missed paychecks from work and bills related to medical treatment and vehicle repairs. In contrast, non-economic damages focus on more intangible injuries like pain and suffering and loss of enjoyment of life.
The subjective nature of non-economic damages means that assistance from skilled legal counsel could be especially crucial to recovering appropriate compensation. An experienced Hixson motorcycle accident attorney could assist an injured motorcyclist by demonstrating all the damages he or she suffered and possibly determine exemptions to financial compensation caps.
Call a Hixson Motorcycle Accident Attorney Today
The challenges motorcycle plaintiffs face bringing a claim sometimes leads them to give up before they even have a chance to fight for their best interests. A motorcycle accident can be overwhelming, and trying to file a civil lawsuit can be confusing and complicated, especially after a crippling injury.
A Hixson motorcycle accident lawyer could help you get back on your bike after a serious crash by guiding you through the tricky legal processes necessary for you to seek compensation. If you were in a motorcycle accident that someone else caused, call us today to see what your legal options may be.
