Injured In an Motorcycle Accident in Knoxville?
Contact The Lawyers of Brown & Roberto Today
By mid-July of 2024, 22 motorcyclists had already been involved in serious or fatal motorcycle accidents in Tennessee, according to the state’s Department of Safety & Homeland Security. Many more motorcyclists have been hurt on the state’s roads.
Motorcyclists have limited protection from the impact of a collision and drivers often fail to share the road safely with them. This can lead to serious and sometimes fatal injuries when a motorcycle and another vehicle collide. Victims have legal rights when this happens, and the wrongful death attorneys in Knoxville at the Lawyers of Brown and Roberto can help you enforce those rights.
Our firm has recovered more than $50 million for clients and we’ve been representing accident victims since 1979. With our 10 out of 10 rating from Justia and our place among America’s Top 100 Attorneys, our firm has proven time and again that our legal skills are unparalleled. Most importantly, the trust we have earned from past clients shows why you should choose our legal team as your advocates.
To learn more about the help we can offer, give us a call at (865) 691-2777 today to speak with a Knoxville motorcycle accident attorney and find out how we can help you.
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How Do Motorcycle Accidents Happen?
Knoxville motorcycle accidents often occur because of:
- Driver inattention
- Impaired driving
- Unsafe left turns
- Drivers who misjudge how fast motorcycles are traveling
- Drivers who don’t see motorcyclists
- Drowsy driving
It’s important to determine who was to blame because a driver who is even partly responsible for a motorcycle crash can be held liable for their percentage of losses.
As McIntyre v. Balentine explains, if “a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover; in such a case, plaintiff’s damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff.”
This rule is called comparative fault and it means that if the other driver was 51% or more to blame for the incident, the motorcycle rider can hold them accountable — they’ll just see their damages reduced based on their own share of the blame.
What are Your Rights After a Motorcycle Accident in Knoxville?
Contacting a Knoxville personal injury attorney as soon as possible after a motorcycle crash is key if you want to preserve and protect your rights.
You have just one year to make an injury claim under the statute of limitations set forth in Tennessee Code Section 28-3-104 so you don’t have time to wait when you or someone you love has been hurt or killed while riding.
If you can successfully prove your case, you should be entitled to compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
Tennessee Code Section 29-39-102 does impose a $750,000 cap on non-economic damages, which are those like pain and suffering that don’t compensate for actual financial loss. However, this cap is raised to $1 million for catastrophic injuries which, sadly, many motorcyclists suffer because of the lack of protection the motorcycle offers.
What Compensation Is Available for Motorcycle Accident Victims?
When you’ve been hurt in a motorcycle crash, the financial fallout can stretch far beyond the initial hospital visit. These accidents can lead to long-term consequences that affect your earning power, physical health, and quality of life. You deserve full compensation for the injuries you have sustained, and The Lawyers of Brown & Roberto will never settle for less than what your claim is actually worth.
Compensation in a motorcycle accident claim may include:
- Hospital and surgical costs
- Future medical treatment
- Physical therapy and rehabilitation
- Prescription medications
- Lost income during recovery
- Reduced future earning capacity
- Property damage to your motorcycle
- Emotional distress and PTSD
- Loss of enjoyment of life
- Disfigurement or permanent scarring
- Wrongful death damages for surviving family
Our Knoxville motorcycle accident attorneys take a thorough approach to calculating what your case is truly worth. We review your medical records, consult with treating physicians, and bring in vocational experts and life-care planners when necessary to project your future needs. We also examine how your injuries have changed your daily routine, your relationships, and your ability to do the things you love. Insurance companies often push fast settlements that ignore long-term costs, so having an attorney who knows the full scope of your losses makes a meaningful difference in what you ultimately recover.
Comparative Negligence in Tennessee
Sometimes, both parties share the blame for a motorcycle accident. Tennessee follows a modified comparative fault system in these situations; you can recover damages only if you are less than 50% responsible for the crash. If your share of the blame reaches 50% or more, you receive nothing. As long as you stay below that threshold, your compensation is reduced by your percentage of fault.
Here is how it works in practice. Suppose you are riding through Knoxville and a driver makes an unsafe left turn directly into your path. The investigation later shows you were traveling above the posted speed limit. A jury determines your total damages amount to $200,000, but assigns you 20% of the fault for speeding. Your recovery would be reduced by that 20%, leaving you with $160,000. If the jury had instead found you 50% at fault, you would recover nothing.
Steps to Take After a Knoxville Motorcycle Accident
What you do in the hours and days after a motorcycle crash can shape the outcome of your claim. Here are a few actions that can help protect both your health and your right to fair compensation:
- Get Medical Attention Right Away: Even if you feel fine, see a doctor as soon as possible. Some injuries, like internal bleeding or traumatic brain injuries, don’t show symptoms immediately.
- Report the Accident to Police: Call 911 from the scene and request an officer to respond. The official crash report will be a key piece of evidence in your claim.
- Document the Scene: Take photos of vehicle damage, road conditions, skid marks, traffic signs, and your injuries. Get contact information from any witnesses present.
- Avoid Discussing Fault: Don’t apologize or speculate about what happened with the other driver, witnesses, or insurance adjusters.
- Preserve Your Gear: Hold onto your damaged helmet, riding clothes, and motorcycle without making repairs, as these items can serve as evidence.
- Contact an Attorney Before Speaking to Insurers: Insurance representatives may try to record statements to minimize your claim. Always talk to a lawyer first.
Call The Lawyers of Brown and Roberto Today to Get Help for Your Knoxville Motorcycle Accident Claim
A Knoxville motorcycle accident lawyer will provide legal help in getting the compensation you deserve after an accident.
Contact the Lawyers of Brown and Roberto at (865) 691-2777 today to learn more.