Motorcycle Accidents

Motorcycle accidents in Tennessee frequently cause severe injuries, including traumatic brain injuries, road rash, fractures, and spinal cord damage, due to riders' greater vulnerability on the road. The state operates under an at-fault system (T.C.A. § 55-8-101 et seq.), requiring proof of the other driver's negligence—such as failure to yield or improper lane changes—to establish liability. Motorcyclists may encounter challenges from biases assuming reckless riding. Claims are filed against the at-fault party's insurance for coverage of medical expenses, lost wages, motorcycle repairs, and pain and suffering. Tennessee's modified comparative negligence rule (T.C.A. § 29-39-102) allows recovery reduced by your percentage of fault but denies it if you are 50% or more at fault. The statute of limitations is one year (T.C.A. § 28-3-104), emphasizing the need for timely action. Tennessee requires helmet use for riders under 21 or those without at least $10,000 in medical insurance coverage (T.C.A. § 55-52-105).
 

Immediate Steps After an Accident

1. Ensure Safety and Seek Medical Care: Pull to a safe location, if possible, activate hazard lights, and call 911. Request ambulance transport for a full medical assessment, as adrenaline can conceal serious issues like internal bleeding.

2. Gather Evidence: Photograph damage to the motorcycle (e.g., frame or components), road conditions, skid marks, debris, protective gear, and injuries. Obtain witness contact information and a copy of the police report from the responding agency, noting common scenarios like left-turn collisions.

3. Notify Insurance: Report the incident to your insurer and the other party's insurer without delay, but limit statements to basic facts—avoid discussing fault to prevent misinterpretation.

4. Track Costs and Preserve Items: Document all expenses, such as towing, rental vehicles, and therapy for conditions like PTSD. Retain damaged helmets and gear for potential forensic examination.
    

Building and Pursuing a Claim
 

At The Evans Law Firm, our personal injury attorneys assist with detailed investigations and evidence collection tailored to motorcycle cases:

• Establishing Liability: We use accident reconstruction experts and traffic records to demonstrate the other driver's fault, such as in dooring incidents. We address potential defenses, including violations of lane-splitting prohibitions (T.C.A. § 55-8-118), while highlighting compliance with safety laws.

• Quantifying Damages: We compile medical bills, projections for future treatments (e.g., rehabilitation or prosthetics), wage documentation, and economic analyses to cover both tangible and intangible losses. Punitive damages may apply in cases of gross negligence, like distracted driving (T.C.A. § 29-39-104).

• Navigating Insurance: We request policy limit disclosures and pursue underinsured motorist (UM/UIM) coverage if needed. In instances of unreasonable delays or denials, bad-faith claims can be filed under T.C.A. § 56-7-105.

• Settlement and Litigation: Many cases (over 85%) settle through negotiation or mediation. For trials in circuit court, we emphasize evidence of compliance, such as helmet use, to support the claim's credibility.

• Handling Specific Issues: We counter biases with testimony from motorcycle safety experts. In multi-vehicle accidents, we analyze data from vehicle event recorders (black boxes) to allocate fault accurately.
   

If you've been injured in a motorcycle accident, contact The Evans Law Firm for a free case evaluation.