If you suffered serious injuries in a motorcycle accident that wasn’t your fault, a Chattanooga motorcycle accident lawyer from The McMahan Law Firm can help you seek the compensation you need to move forward. We will fight for your rights and seek every penny you may be entitled to. As Board Certified Civil Trial Specialists, we have the knowledge and experience you can trust to help you seek maximum compensation for your losses.
Injured in a Chattanooga Motorcycle Accident?
Did you get hurt in a serious motorcycle accident that wasn’t your fault? Our Chattanooga motorcycle injury attorneys will fight for the compensation you may deserve.
You Deserve Compensation
If you suffered serious injuries because someone else was reckless and caused your accident, you deserve compensation for your losses.
We Make It Easy
It only takes one call to get Jay & Brent on your case today. You’ve been through a lot. Let us work for you while you focus on recovering.
No Costly Upfront Fees
At McMahan Law Firm, you don’t have to pay any upfront or hidden fees for our services. In fact, you won’t owe us anything unless we win for you.
Tennessee Motorcycle Accident Statistics
The table below offers a comprehensive overview of motorcycle crash data in Tennessee from 2016 to 2021. While there has been a slight decrease in some types of motorcycle crashes, the total number of motorcycle accidents has remained mostly consistent.
YEAR | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | TOTAL |
---|---|---|---|---|---|---|---|
Fatal Crash | 143 | 133 | 167 | 152 | 151 | 161 | 907 |
Suspected Serious Crash | 688 | 643 | 604 | 636 | 666 | 686 | 3,923 |
Suspected Minor Injury Crash | 981 | 926 | 877 | 893 | 864 | 904 | 5,445 |
Possible Injury Crash | 623 | 580 | 457 | 458 | 437 | 464 | 3,019 |
Property Damage > $1,500 Threshold Crash | 684 | 707 | 597 | 634 | 551 | 660 | 3,833 |
TOTAL | 3,119 | 2,989 | 2,702 | 2,773 | 2,669 | 2,875 | 17,127 |
**Source: TN Dept. of Safety and Homeland Security, TITAN Business Unit, 01 Jun 2022 (Crash).
Each one of these crashes represents potential negligence from the other parties involved and a potential personal injury claim. If you’ve been in a motorcycle accident, know that our team of experienced motorcycle accident attorneys has secured much-needed compensation for people just like you.
How a Motorcycle Injury Lawyer Can Help
After a motorcycle accident, our Chattanooga motorcycle accident lawyers can offer a great deal of support and aid in the process of seeking compensation for your losses. When you work with us, we will help you by:
- Making sure you understand the compensation you may deserve.
- Negotiating with the insurance companies on your behalf.
- Representing you in court, if needed.
- Investigating your claim to ensure we seek every penny you may be entitled to.
- And more.
When you work with a skilled motorcycle injury lawyer, you will have a better chance of receiving the maximum settlement amount possible for your losses. Our attorneys are experienced and knowledgeable, and we aggressively fight for what our clients deserve.
Step-by-Step Guide on the Motorcycle Accident Claims Process
If you’ve been injured in a motorcycle accident in Tennessee, understanding the claims process is crucial. Here’s a simplified guide to help you navigate it:
The top priority is always your health. Immediately after the accident, seek medical attention. It’s important to seek medical attention even if you believe you’ve only sustained minor injuries or no injuries at all. High levels of adrenaline following an accident could potentially reduce pain and mask the severity of injuries.
Receiving medical care will also create a documented record of your injuries and associated medical expenses, which will be important to your case.
If your condition allows, take photographs and videos of the scene, your injuries, and any damage to property. Additionally, obtain the contact and insurance details of other parties involved. If there are witnesses, their contact details can be invaluable.
Keep all medical documents, bills, and other related receipts after leaving the accident site, as these will be important for your claim.
Ensure you report the accident to the police. Filing a police report is a critical step, as these reports play a significant role in your case.
After addressing immediate concerns, consulting with a lawyer with experience in motorcycle accidents is advisable. A skilled attorney can review the collected evidence and information and guide you through the necessary steps for seeking compensation.
Your lawyer will also review all the details of your accident, conduct further investigations, and use the gathered evidence to establish liability and calculate a fair compensation amount.
Proving that the other party’s negligence was the primary cause of your injuries is fundamentally critical in winning your case. An experienced accident lawyer can provide substantial aid in this process.
Upon filing a claim with your insurance company, they will begin conducting their investigation. After completing their inquiry, they typically present a settlement offer.
You have the option to accept this offer or negotiate further by presenting counter-offers and additional evidence. Accepting the settlement means you forfeit the right to pursue a civil lawsuit.
Remember, insurance companies aim to minimize the settlement amount.
The settlement initially offered by the insurance company rarely covers the full extent of losses suffered in a motorcycle accident.
If you are offered less than you deserve, your attorney will present counter-offers, provide evidence for further compensation, and strive for a fair settlement that covers medical expenses, property damage, lost wages, and more.
While litigation can be a more time-consuming and complex route, it becomes necessary when an agreement cannot be reached through negotiation. Your attorney will guide you through the legal requirements, deadlines, and procedures associated with filing a lawsuit.
While the majority of cases are settled before reaching trial, our Chattanooga motorcycle accident lawyers are well-prepared for the possibility of court proceedings.
If a settlement is offered, typically through negotiations with insurance companies, you have the choice to accept or deny the final offer. Our experienced attorneys can guide you through this decision-making process, ensuring you make the most informed choice for your personal injury claim.
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Tennessee Motorcycle Laws
Knowing Tennessee’s specific motorcycle laws can help you stay safe and responsible on the road.
Comparative Fault
Tennessee follows a modified comparative fault rule, allowing victims to recover damages as long as they are found to be 49% or less at fault for the accident.
This means that if a motorcyclist is partially responsible, their compensation will be reduced by their percentage of fault. However, if they are 50% or more at fault, they are barred from recovering any damages. This system ensures a fair distribution of liability and compensation based on each party’s contribution to the accident. Proving liability can be difficult, and it’s important to have a strong motorcycle attorney on your side to help.
Statute of Limitations
The Tennessee statute of limitations to file a motorcycle accident claim is 1 year from the date of your motorcycle accident.
This can vary depending on the details and circumstances of your case, so it’s important that you let an experienced attorney review your claim as soon as possible!
Lane Splitting
Lane splitting on a motorcycle is illegal in Tennessee.
Section 55-8-182 of the Tennessee Code states: “the operator of a motorcycle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.”
Motorcycle Helmet Law
Tennessee law requires all motorcycle riders to wear a crash helmet.
Section 55-9-302 of the Tennessee Code states: “the driver of a motorcycle, motorized bicycle, as defined in chapter 8 of this title, or motor-driven cycle, and any passenger on any of these, shall be required to wear … a crash helmet meeting federal standards…”
Do I Have a Case?
If you suffered injuries in a serious motorcycle accident, you probably have a lot of questions about seeking compensation. The first and most important question on your mind is likely whether or not you have a case. When you work with us, we will review the details of your case with you. Here are a few examples of what we will consider:
As long as you are 49% or less responsible for your accident, it is highly likely that you have the right to recover damages.
If someone else’s recklessness caused you property damages or injuries, you have a right to seek compensation for your financial losses.
Our Results Speak For Themselves!
Potential Compensation for Your Motorcycle Accident
Compensation for your motorcycle accident injuries is determined by the extent of damages you’ve suffered as a result of the accident. The total compensation for your motorcycle accident claim should include both economic and non-economic damages.
Economic Damages
Economic damages in motorcycle accident claims refer to any damages that can be easily calculated and a specific dollar amount can be objectively determined. This may include current and future expenses.
Common economic damages in motorcycle accident cases include:
- Medical expenses, such as emergency room visits, hospital stays, surgery costs, rehabilitation and physical therapy, prescription medications, medical equipment, follow-up doctor visits, specialist consultations, etc.
- Property damage, such as motorcycle repair or replacement, protective gear replacement, personal belongings, etc.
- Lost income, if the motorcycle accident results in injuries that prevent you from working. If your injuries are severe and lead to long-term or permanent disability, you may also be eligible for compensation for lost earning capacity. This covers the difference between your current ability to earn a living and the earning potential you had before the accident.
Non-Economic Damages
Non-economic damages in motorcycle accident claims refer to any damages that are difficult to calculate and that tend to be more subjective. This may include current and future expenses.
Common non-economic damages in motorcycle accident cases include:
- Pain and suffering, such as physical pain, chronic pain, and discomfort from injuries.
- Loss of consortium, referring to an impact on marital relationships.
- Emotional distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life, such as the inability to participate in hobbies, loss of recreational activities, and reduced quality of life.
Punitive Damages
In Tennessee motorcycle accident cases, punitive damages can be awarded if it’s proven that the defendant acted with malice, intent, fraud, or recklessness. These damages are meant to punish the wrongdoer and prevent similar behavior in the future.
Punitive damages are capped at 2 times the compensatory damages or $500,000, whichever is higher, except in extreme cases involving intent to cause harm, hiding evidence, or being under the influence.
How Much Is My Motorcycle Accident Case Worth?
After a motorcycle accident, you may deserve significant compensation for your medical expenses and other financial losses related to the accident. The exact amount varies depending on your injuries and who caused the accident. Contact Jay & Brent today to receive a free case review from an experienced motorcycle accident lawyer in Chattanooga, and learn exactly how much compensation you may be entitled to claim.