Have you or a loved one been injured in a motorcycle accident caused by someone else's negligence in Knoxville, Tennessee? Contact DZ Law today to schedule a free case evaluation with our Knoxville motorcycle accident lawyers. We will help you get the justice you deserve.
Riding a motorcycle in Knoxville offers a sense of freedom and exhilaration. Whether you're cruising down Neyland Drive, enjoying a scenic ride along the Tail of the Dragon, or just commuting through the city, there's nothing quite like it. But the open road can also be dangerous, especially when other drivers aren't paying attention. Motorcycle accidents are often devastating, leaving riders with severe, life-altering injuries.
The aftermath of a motorcycle accident can be incredibly difficult. You're facing painful injuries, mounting medical bills, and potentially a long road to recovery. To add insult to injury, insurance companies often try to minimize motorcycle accident claims or even blame the rider, regardless of the facts. It's infuriating and unfair.
This is where DZ Law comes in. We're a Knoxville-based law firm specializing in personal injury cases, and we have represented many injured motorcyclists. Led by skilled attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, both recognized as Mid-South Super Lawyers, our firm has a deep understanding of the challenges motorcyclists face on the road and in the courtroom.
Don't let an insurance company take advantage of you. Contact DZ Law today for a free consultation. Let our Knoxville motorcycle accident lawyers be your advocate and fight for the justice you deserve.
Common Causes of Motorcycle Accidents in Tennessee
Motorcycle accidents in Tennessee can result from a variety of factors, often involving various degrees of driver error. Here are some of the most common causes:
Driver Inattention and Failure to See Motorcycles
Distracted driving is a major issue. Drivers who are distracted by cell phones, passengers, or other activities may not notice a motorcycle until it's too late. Motorcycles are smaller and can easily be hidden in a car's blind spots, especially if the driver doesn't check carefully before changing lanes or merging.
Drivers may also misjudge the speed and distance of an approaching motorcycle, leading to unsafe turns or lane changes. A common issue is also drivers failing to yield the right-of-way to motorcyclists at intersections, when turning left, or when entering the roadway from a driveway or parking lot.
Speeding and Reckless Driving
Excessive speed is dangerous. Both motorcyclists and drivers of other vehicles who exceed the speed limit have less time to react to hazards and are more likely to lose control. Aggressive driving, such as tailgating, weaving in and out of traffic, and other aggressive behaviors increase the risk of accidents for all vehicles, but especially for motorcycles. Reckless maneuvers performed by motorcyclists, such as wheelies or excessive lane splitting, put themselves and others at risk.
Impaired Driving
Alcohol and drugs are dangerous. Driving under the influence of alcohol or drugs impairs judgment, slows reaction time, and reduces coordination, making accidents more likely. This applies to both motorcyclists and other drivers.
Left-Turning Vehicles
Left turns can be deadly. Drivers turning left at intersections often fail to see oncoming motorcycles, leading to collisions. Sometimes, drivers misjudge the gap needed to safely complete a left turn in front of an approaching motorcycle. This is a common problem at busy Knoxville intersections, like those along Broadway and near West Town Mall.
Road Hazards
Potholes and uneven pavement can easily destabilize a motorcycle, causing the rider to lose control. Loose gravel or debris such as gravel, sand, or other debris on the road can reduce traction and lead to skids or falls.
Slick surfaces, like wet or icy roads, significantly increase stopping distances and make it harder to maintain control of a motorcycle. Poor road design such as inadequate signage, poor lighting, or confusing road layouts can contribute to accidents.
Inexperienced Motorcyclists
Lack of training is a problem. New riders may not have the skills and experience to handle a motorcycle safely in all situations. Poor judgment can lead inexperienced riders to make poor decisions, such as exceeding their skill level or not anticipating hazards.
Motorcycle Defects
Mechanical failures, though less common, can still occur. Mechanical problems with the motorcycle, such as brake failure or tire blowouts, can cause accidents. Design or manufacturing defects in the motorcycle or its components can also contribute to crashes.
Dooring Accidents
Opening doors into traffic is dangerous. Drivers or passengers opening car doors without checking for approaching traffic, including motorcycles, can cause collisions.
Weather Conditions
Rain, fog, and strong winds can make it more difficult for motorcyclists to maintain control of their vehicles and for other drivers to see them.
Tennessee's Helmet Laws and Their Impact on Injury Claims
Tennessee has a universal helmet law, meaning that all motorcycle riders and passengers, regardless of age, are required to wear a helmet that meets the standards set by the Federal Motor Vehicle Safety Standard No. 218 (49 CFR 571.218). This law aims to reduce the severity of head injuries in motorcycle accidents.
● Mandatory Helmet Use: All riders and passengers on motorcycles, motor-driven cycles, and motorized bicycles must wear a helmet.
● Helmet Standards: The helmet must meet or exceed the requirements of the Federal Motor Vehicle Safety Standard No. 218. This typically means it will have a DOT (Department of Transportation) sticker on the back.
● Eye Protection: If the motorcycle is not equipped with a windshield, the operator must wear eye protection, such as goggles or a face shield.
● Penalties: Failure to wear a helmet can result in a traffic citation and fine.
The Impact of Helmet Laws on Injury Claims
The use or non-use of a helmet can have a significant impact on personal injury claims arising from motorcycle accidents in Tennessee.
● Negligence: While not wearing a helmet is a violation of the law, it does not automatically make a motorcyclist negligent in an accident. The primary focus remains on determining who caused the accident.
● Comparative Fault: Tennessee's modified comparative fault system comes into play. If a motorcyclist is injured in an accident and was not wearing a helmet, the insurance company or the court may argue that the failure to wear a helmet contributed to the severity of their head or neck injuries. This could lead to a reduction in the compensation they receive. The motorcyclist may still recover compensation if they are found to be less than 50% at fault for the accident.
● Evidence of Damages: Helmet use can be used as evidence to mitigate damages. If a motorcyclist was wearing a helmet, it can be argued that they took reasonable steps to protect themselves, potentially leading to a higher award for damages. Conversely, failure to wear a helmet can be used to argue that the motorcyclist's injuries were more severe than they would have been with a helmet.
● Expert Testimony: Medical experts may be needed to testify about the likely impact of helmet use on the specific injuries sustained in the accident. They can offer opinions on whether a helmet would have prevented or lessened the severity of head or brain injuries.
Important Considerations about Helmet Law
● Helmet Law Does Not Determine Fault: The primary focus in any accident claim is determining who caused the accident, not whether the motorcyclist was wearing a helmet. However, helmet use can affect the amount of damages awarded.
● Focus on Prevention: The primary purpose of the helmet law is to prevent serious injuries and save lives. Wearing a helmet is the single most effective way for motorcyclists to protect themselves in an accident.
Steps to Take After a Motorcycle Accident in Knoxville
Taking the right steps after a motorcycle accident can help you protect your rights. Here's what you should do if you've been injured in a motorcycle accident in Knoxville:
Ensure Your Safety and the Safety of Others
After a motorcycle accident, the first priority is safety. Check yourself and others for injuries. If it's safe to do so, move yourself and your motorcycle out of the flow of traffic to prevent further accidents. If there are serious injuries, do not attempt to move the injured person unless absolutely necessary. Activate your hazard lights and, if available, use flares or reflective triangles to alert other drivers to the accident scene.
Call 911
Even if the accident seems minor, it's essential to call 911 to report the accident and request police assistance. If anyone is injured, request emergency medical services (EMS) as well. The responding officers will create an official accident report, which will be crucial for insurance claims and any potential legal action. Having EMS on the scene ensures that anyone injured receives prompt medical attention.
Exchange Information
While waiting for the police to arrive, exchange information with the other drivers involved in the accident, but only if it's safe to do so. Collect the following information from each driver:
● Full name
● Contact information (phone number, address)
● Driver's license number
● Insurance company name and policy number
● Vehicle information (make, model, year, license plate number)
If the other driver is uncooperative or refuses to provide their information, wait for the police to arrive and they will obtain it.
Document the Scene
Thoroughly document the accident scene using your smartphone or a camera, if you're able to do so safely. Take photographs and videos from multiple angles, capturing:
● Damage to all vehicles involved
● Your motorcycle's position on the road
● Any skid marks or debris
● The overall accident scene, including road conditions, traffic signals, and any obstructions or hazards
● Any visible injuries you or others sustained
● The other driver's license plate and vehicle, if possible
This visual evidence can be invaluable in reconstructing the accident and proving fault.
Gather Witness Information
If there were any witnesses to the accident, try to get their names and contact information. Encourage them to stay at the scene and speak to the police. Their independent accounts of the accident can be very helpful in establishing what happened.
Seek Medical Attention
Even if you don't think you're seriously injured, it's crucial to get checked out by a medical professional as soon as possible after a motorcycle accident. Some injuries, like internal bleeding, head injuries, or soft tissue damage, may not be immediately apparent.
Go to the emergency room, an urgent care clinic, or your primary care physician for a thorough evaluation. Follow your doctor's treatment recommendations carefully and keep all your medical appointments.
Knoxville has several excellent medical facilities, including UT Medical Center and Fort Sanders Regional Medical Center, making it easy to get the necessary medical attention.
Report the Accident to Your Insurance Company
Notify your own insurance company about the accident, even if you believe the other driver was at fault. Provide them with the basic details of the accident and the other driver's information. However, be cautious about making any detailed statements to your insurance company or the other driver's insurance company without first consulting with an attorney.
Do Not Admit Fault
It's important to avoid making any statements at the accident scene or to insurance adjusters that could be interpreted as admitting fault. Even a simple apology can be used against you. Stick to the facts when describing what happened and let the police and insurance companies determine fault.
Consult with a Knoxville Motorcycle Accident Attorney
Motorcycle accident cases can be complex, especially when dealing with serious injuries and insurance companies. It's highly advisable to consult with an accident attorney as soon as possible. An attorney will:
● Advise you on your legal rights and options.
● Protect you from unfair tactics by insurance companies.
● Thoroughly investigate the accident and gather evidence.
● Hire experts, such as accident reconstructionists or medical professionals, if needed.
● Negotiate with the insurance companies on your behalf to obtain a fair settlement.
● File a lawsuit and represent you in court if necessary.
Keep Detailed Records
Maintain a file with all documents related to the accident, including:
● The police report
● Medical records and bills
● Insurance correspondence
● Photos and videos of the accident scene and your injuries
● Witness contact information
● Receipts for any out-of-pocket expenses related to the accident (e.g., motorcycle repairs, rental car, lost wages)
These records will be essential for building your case and proving your damages.
How Comparative Fault Affects Motorcycle Accident Cases
Tennessee follows a legal doctrine known as modified comparative fault to determine liability and damages in personal injury cases, including motorcycle accidents.
This system acknowledges that multiple parties, including the injured motorcyclist, may share responsibility for an accident.
How Modified Comparative Fault Works
Under Tennessee's modified comparative fault system, each party involved in an accident is assigned a percentage of fault based on their contribution to the crash. This percentage is determined by considering the actions of all drivers involved, as well as any other contributing factors.
The 50% Bar
Tennessee's system has a critical threshold: If an injured party is found to be 50% or more at fault for the accident, they are completely barred from recovering any damages from other parties.
If the injured party's fault is less than 50%, they can still recover compensation, but their award will be reduced proportionally to their degree of fault.
Example of Comparative Fault
Imagine a scenario where a motorcyclist is speeding and a car driver fails to yield the right-of-way, resulting in an accident. The court determines that the motorcyclist's total damages (medical bills, lost wages, pain and suffering, etc.) are $100,000.
● Scenario 1: The motorcyclist is found to be 20% at fault, and the car driver is 80% at fault. The motorcyclist can recover 80% of their damages, which is $80,000.
● Scenario 2: The motorcyclist is found to be 40% at fault, and the car driver is 60% at fault. The motorcyclist can recover 60% of their damages, which is $60,000.
● Scenario 3: The motorcyclist is found to be 50% at fault, and the car driver is 50% at fault. The motorcyclist is barred from recovering any damages.
● Scenario 4: The motorcyclist is found to be 60% at fault, and the car driver is 40% at fault. The motorcyclist is barred from recovering any damages.
Impact on Motorcycle Accident Cases
Comparative fault often plays a significant role in motorcycle accident cases due to several factors:
● Bias Against Motorcyclists: Unfortunately, some drivers, insurance adjusters, and even jurors may have a bias against motorcyclists, assuming they are inherently more reckless than other drivers. This can lead to an unfair allocation of fault.
● Visibility Issues: Motorcycles are smaller and less visible than cars, which can make it easier for other drivers to claim they didn't see the motorcycle.
● Motorcycle-Specific Maneuvers: Certain actions that are legal for motorcyclists, such as lane splitting (which is generally illegal in Tennessee), may be perceived as reckless by other drivers or jurors.
● Severity of Injuries: Motorcyclists often suffer more severe injuries in accidents, leading to higher damages claims. Insurance companies may try to use comparative fault to significantly reduce their payout.
Proving Negligence in Motorcycle Accident Claims
Proving negligence is the foundation of any successful motorcycle accident claim. In Tennessee, as in other states, negligence means that someone failed to exercise the level of care that a reasonably prudent person would have exercised under similar circumstances, and this failure caused harm to another person.
To succeed with your motorcycle accident case, you and your attorney must demonstrate the following four elements:
Duty of Care
All drivers on the road, including motorcyclists, owe a duty of care to others. This means they have a legal obligation to operate their vehicles safely and avoid causing harm to others. This includes following traffic laws, being attentive to road conditions, and taking reasonable precautions to prevent accidents.
In the context of a motorcycle accident, all drivers involved have a duty to operate their vehicles with reasonable care and to follow all applicable traffic laws. This includes a duty to be aware of motorcycles and take appropriate precautions to avoid collisions.
Breach of Duty
You must show that the other driver (or another responsible party) breached their duty of care by acting negligently or failing to act as a reasonable person would have under the circumstances. This breach of duty is where the specific negligent actions of the other driver are identified. Examples of negligence that can lead to motorcycle accidents include:
● Distracted Driving: The driver was using a cell phone, eating, or engaging in other distractions that took their attention off the road.
● Speeding: The driver was exceeding the posted speed limit or driving too fast for the conditions.
● Failure to Yield: The driver failed to yield the right-of-way to the motorcyclist, such as when making a left turn or at an intersection.
● Improper Lane Changes: The driver made an unsafe lane change without checking their blind spots or signaling properly.
● Following Too Closely: The driver was tailgating the motorcycle, leaving insufficient space to react and stop safely.
● Driving Under the Influence: The driver was operating the vehicle while impaired by alcohol or drugs.
● Reckless Driving: The driver was operating the vehicle with a willful disregard for the safety of others, such as weaving in and out of traffic or engaging in aggressive driving behaviors.
Causation
You must establish a direct link between the other driver's negligence and your injuries. This involves proving two types of causation:
● Cause-in-Fact: This is often referred to as "but-for" causation. You must show that "but for" the other driver's negligent actions, the accident would not have occurred.
● Proximate Cause: This element requires that your injuries were a reasonably foreseeable consequence of the other driver's negligence. In other words, the type of harm you suffered must have been a reasonably predictable outcome of the driver's actions.
Damages
Finally, you must demonstrate that you suffered actual damages as a result of the accident. These damages can be economic (quantifiable financial losses) and non-economic (more subjective losses).
● Economic Damages: Medical expenses (past and future), lost wages (past and future), property damage to your motorcycle, and other belongings.
● Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, permanent disfigurement, or disability.
Evidence to Prove Negligence
To prove these elements, your attorney will gather various types of evidence, such as:
● Police Reports: The official report filed by the responding officer, containing details about the accident, witness statements, and often a preliminary assessment of fault.
● Witness Testimony: Statements from people who saw the accident occur and can describe the actions of the drivers involved.
● Photographs and Videos: Visual documentation of the accident scene, vehicle damage, road conditions, and any visible injuries.
● Dashcam Footage: Video recordings from dashcams in your motorcycle, the other vehicle, or other nearby vehicles.
● Medical Records: Documentation of your injuries, treatment, and prognosis.
● Expert Testimony: Accident reconstruction experts, medical professionals, and other specialists may be needed to provide opinions on the cause of the accident, the severity of your injuries, and the impact of the accident on your life.
Proving negligence in a motorcycle accident case can be complex. An experienced attorney will know how to thoroughly investigate the accident, gather the necessary evidence, and build a strong case to demonstrate the other driver's fault and maximize your chances of recovering fair compensation.
Frequently Asked Questions About Motorcycle Accidents in Tennessee
What are the most common causes of motorcycle accidents in Tennessee?
Common causes include distracted driving, speeding, drunk driving, failure to yield, and unsafe lane changes.
What should I do if I'm involved in a motorcycle accident?
First, prioritize safety and seek medical attention. Then, contact the police and gather information like driver details, witness statements, and photos. Notify your insurance company and consult a personal injury attorney.
What types of injuries are common in motorcycle accidents?
Injuries can range from minor road rash to severe traumatic brain injuries, spinal cord injuries, fractures, and internal injuries.
Can I still recover compensation if I was partially at fault for the accident?
Tennessee follows a modified comparative negligence rule. You can recover compensation as long as your fault is less than 50%.
Contact a Knoxville Motorcycle Accident Lawyer
Motorcycle accidents can have devastating consequences, often resulting in severe injuries and significant financial burdens. If you've been injured in a Knoxville motorcycle crash due to another driver's negligence, you need an experienced and dedicated legal advocate fighting for your rights.
At DZ Law, we understand the unique challenges faced by injured motorcyclists. We know that biases against riders often exist, and insurance companies frequently attempt to downplay the severity of their injuries. Our skilled Knoxville motorcycle accident lawyers will fight aggressively to overcome these obstacles and secure the full compensation you deserve.
Don't face the aftermath of a motorcycle accident alone. Contact DZ Law by calling 865-259-0020 today for a free consultation and let our experienced Knoxville motorcycle accident lawyers fight for you.