Have you or a loved one been injured in a motorcycle accident in Knoxville, Tennessee? You may be entitled to significant compensation. Contact DZ Law today to schedule a free consultation.
As a motorcyclist in Knoxville, you know the risks you face every time you ride. Sharing the road with large commercial vehicles like delivery trucks, tractor-trailers, and buses can be particularly dangerous and nerve-racking.
An accident with one of these giants is usually devastating, often resulting in catastrophic injuries or even fatalities. When a commercial vehicle driver's negligence causes a collision, the consequences are often life-altering. You're left with severe injuries, facing a long and difficult road to recovery.
To make matters worse, you're now up against powerful companies and their insurance adjusters. They're focused on protecting their bottom line, not your well-being. They might downplay your injuries, shift blame, or offer a settlement that barely covers your medical bills. It's infuriating and unfair.
This is where DZ Law comes in. We're not intimidated by big corporations. DZ Law is a Knoxville-based firm specializing in personal injury and business law. We understand the tactics they use and are passionate about protecting the rights of injured motorcyclists in Knoxville.
Our primary attorneys, Robert Dziewulski and Ashleigh Beer-Vineyard, have extensive experience and skill, and they and will fight to secure the maximum compensation you deserve. If you've been injured in a motorcycle accident involving a commercial vehicle, contact a Knoxville motorcycle accident lawyer at DZ Law today for a free consultation. Let us take the burden off your shoulders.
Unique Dangers Posed by Trucks and Buses to Motorcyclists
Motorcyclists face unique and significant dangers when sharing the road with large trucks and buses. The size, weight, and operating characteristics of these large vehicles create a hazardous environment for motorcyclists, increasing the risk of serious accidents and catastrophic injuries.
Size and Weight Disparity
The sheer size and weight difference between motorcycles and large trucks or buses is a primary factor in the severity of these accidents. In a collision, the motorcyclist is almost always at a severe disadvantage.
The impact forces involved in a crash with a truck or bus are often devastating to the much smaller and lighter motorcycle, frequently resulting in severe injuries or fatalities for the rider.
Blind Spots
Trucks and buses have large blind spots, also known as "no-zones," where the driver cannot see other vehicles, especially smaller ones like motorcycles. These blind spots are typically located along the sides of the truck, directly behind the truck, and even in front of the truck.
If a motorcyclist is riding in one of these blind spots, the truck driver may change lanes, turn, or merge without realizing the motorcyclist is there, leading to a collision.
Air Turbulence and Wind Buffeting
Large trucks and buses create significant air turbulence and wind buffeting as they travel at higher speeds. This can destabilize a motorcycle, making it difficult for the rider to maintain control, especially when passing or being passed by a truck. The sudden gusts of wind can push the motorcycle off course or even cause the rider to lose their balance and crash.
Wide Turns
Trucks and buses require a much wider turning radius than smaller vehicles. They often need to swing wide to the left before making a right turn, for example.
Motorcyclists may not anticipate this wide swing and can get caught between the truck and the curb or another vehicle, leading to a "squeeze play" accident.
Underride Accidents
These horrific accidents occur when a smaller vehicle slides underneath the rear or side of a truck or bus, often with fatal consequences. The high ground clearance of trucks and buses creates a space into which a motorcycle can easily slide in a collision.
While underride guards are required on the rear of many trucks, they are not always effective, and side underride guards are not currently mandated.
Tire Blowouts
Due to their size and the heavy loads they carry, tire blowouts are more common on trucks and buses.
A tire blowout on a large vehicle can send debris flying, create a sudden loss of control for the truck driver, or cause the truck to swerve unexpectedly, all of which pose a danger to nearby motorcyclists.
Visibility Issues
The height of trucks and buses can make it difficult for their drivers to see lower-profile vehicles like motorcycles, especially in heavy traffic or at intersections.
This reduced visibility increases the risk of collisions. At the same time, a motorcyclist may not see a hazard ahead due to a truck blocking their view.
Driver Fatigue
Truck drivers often work long hours and may be pressured to meet tight deadlines. This can lead to driver fatigue, which impairs reaction time, judgment, and overall awareness, increasing the risk of accidents involving all types of vehicles, but posing a particular danger to vulnerable motorcyclists.
Determining Liability in Commercial Vehicle Motorcycle Accidents
Accidents involving motorcycles and commercial vehicles, such as large trucks and buses, often result in severe injuries to the motorcyclist. Determining liability in these crashes can be complex, as multiple parties may share responsibility. A thorough investigation is often required to establish fault and ensure that the injured motorcyclist receives fair compensation.
The Truck or Bus Driver's Negligence
The driver of the commercial vehicle is often the first party examined for potential liability. Their actions are scrutinized to determine if they breached their duty to operate the vehicle safely. Common examples of driver negligence include:
● Failing to Check Blind Spots: Truck and bus drivers must be diligent in checking their mirrors and blind spots before changing lanes, merging, or turning. Failure to do so can easily lead to a collision with a motorcycle.
● Improper Turns: Making wide turns without signaling properly or encroaching on other lanes can create a hazardous situation for motorcyclists.
● Speeding or Reckless Driving: Exceeding the speed limit or driving aggressively increases the risk of an accident and the severity of injuries.
● Distracted Driving: Using a cell phone, eating, or engaging in other distractions while driving can impair a driver's ability to react to changing road conditions.
● Fatigued Driving: Driving while drowsy, often due to long hours on the road, can significantly impair a driver's reaction time and judgment.
● Driving Under the Influence: Operating a commercial vehicle under the influence of alcohol or drugs is a serious offense and a clear indication of negligence.
The Trucking or Bus Company's Liability
The company that employs the driver or owns the commercial vehicle can also be held liable for various reasons:
● Vicarious Liability: Employers are generally responsible for the negligent acts of their employees committed within the scope of their employment.
● Negligent Hiring, Training, and Supervision: If the company failed to adequately screen, train, or supervise the driver, they could be found negligent. This is especially relevant if the driver had a history of safety violations or inadequate training for operating large vehicles.
● Improper Maintenance: Failing to properly maintain the truck or bus, leading to mechanical failures that contribute to the accident (e.g., brake failure, tire blowout).
● Pressuring Drivers to Violate Regulations: Encouraging or forcing drivers to violate hours-of-service rules or other safety regulations to meet unrealistic deadlines.
The Motorcyclist's Actions
While motorcyclists are often the victims in these accidents, their actions can also contribute to the crash. Examples include:
● Riding in Blind Spots: Lingering in a truck or bus's blind spot makes it difficult for the driver to see the motorcycle.
● Unsafe Lane Changes or Passing: Making sudden lane changes without signaling or attempting to pass a truck in an unsafe manner.
● Speeding or Reckless Driving: Operating the motorcycle at excessive speeds or engaging in risky maneuvers.
● Riding Under the Influence: Operating a motorcycle while impaired by alcohol or drugs.
Other Potential Parties
In some cases, other parties may share liability:
● Vehicle or Parts Manufacturers: If a defect in the truck, bus, or motorcycle contributed to the accident.
● Government Entities: If a poorly maintained road or inadequate signage played a role in the crash.
● Other Drivers: If the actions of another driver on the road contributed to the accident.
Comparative Fault
Tennessee follows a modified comparative fault system. This means that fault can be allocated among multiple parties, including the motorcyclist. If the motorcyclist is found to be partially at fault, their financial compensation will be reduced by their percentage of fault. If they are found to be 50% or more responsible, they cannot recover any damages in Tennessee.
Evidence Gathering in Motorcycle Accident Cases Involving Commercial Vehicles
In the aftermath of a motorcycle accident involving a commercial vehicle, gathering strong evidence is paramount to establishing liability and securing the compensation you deserve.
The evidence collected will help to reconstruct the events leading up to the crash, demonstrate the negligence of the truck driver or other parties, and document the extent of your injuries.
1. Dashcam Footage
Dashcams have become increasingly common in both commercial vehicles and personal vehicles. They can provide invaluable video evidence of an accident, often capturing the moments leading up to the collision, the impact itself, and the immediate aftermath.
● Your Own Dashcam: If your motorcycle was equipped with a dashcam, ensure the footage is saved and preserved immediately. This footage can provide a first-person perspective of the accident and may capture crucial details about the truck driver's actions.
● Trucking Company Dashcams: Many trucking companies now use dashcams in their vehicles. This footage can be obtained through legal action and may show the truck driver's behavior, the speed of the truck, and other factors leading to the accident. Some dashcams even have inward-facing cameras that record the driver's actions inside the cab.
● Other Vehicles' Dashcams: Other drivers in the vicinity of the accident may have captured the incident on their dashcams. Identifying these drivers and obtaining their footage can provide additional perspectives on the crash.
2. Witness Testimony
Eyewitnesses who observed the accident can provide crucial accounts of what happened. Their observations can help corroborate your version of events and establish the negligence of the truck driver or other parties.
● Identifying Witnesses: If possible, try to get the names and contact information of anyone who saw the accident. Encourage them to stay at the scene and speak to the police.
● Witness Statements: Obtain written or recorded statements from witnesses as soon as possible after the accident, while their memories are fresh. Ask them to describe in detail what they saw, including the actions of the truck driver, the motorcyclist, and any other drivers involved. Also, note the weather conditions at the time of the accident.
● Credibility: The credibility of witnesses is important. Factors such as their relationship to the parties involved, their vantage point, and their ability to recall details can affect the weight given to their testimony.
3. Police Reports
The police report is a critical piece of evidence. The responding officers will document the accident scene, gather information from the involved parties and witnesses, and potentially issue citations. The report may also contain the officer's preliminary assessment of fault.
4. Accident Reconstruction
In complex cases, especially those involving multiple vehicles or disputed accounts of the accident, accident reconstruction experts may be needed. These experts use scientific principles, physical evidence, and computer simulations to analyze the crash and determine how it occurred.
● Physical Evidence: Accident reconstructionists examine skid marks, vehicle damage, debris fields, road conditions, and other physical evidence at the scene.
● Vehicle Data: They may also analyze data from the vehicles' Event Data Recorders (EDRs), or "black boxes," which can provide information about speed, braking, steering, and other factors.
● Computer Simulations: Using specialized software, they can create computer simulations to model the accident and test different scenarios.
● Expert Opinions: Accident reconstructionists can provide expert opinions on the cause of the accident, the sequence of events, and the likely actions of the drivers involved.
5. Photographs and Videos
In addition to dashcam footage, photos and videos taken at the scene can provide valuable visual evidence. These should document the damage to all vehicles, the position of the vehicles after the impact, any skid marks or debris, the road conditions, traffic signals, and any visible injuries.
6. Medical Records
Your medical records are essential for documenting the nature and extent of your injuries and linking them to the accident. They will also provide evidence of your medical expenses and the impact of the injuries on your life.
7. Trucking Company Records
Through the legal process, your attorney can obtain various records from the trucking company, such as the driver's logs, the truck's maintenance records, and the company's safety policies. These documents can reveal violations of regulations or a pattern of negligence.
How Our Firm Handles Complex Motorcycle-Commercial Vehicle Cases
Motorcycle accidents involving commercial vehicles often result in catastrophic injuries and complex legal battles.
At DZ Law, we understand the unique challenges these cases present and have a proven track record of securing favorable outcomes for our clients. Our team is made up of skilled litigators who aren't afraid to take on large corporations. Here's how we approach these complex situations:
1. In-Depth Investigation
We leave no stone unturned when it comes to resolving your case. Our team immediately launches a comprehensive investigation to gather crucial evidence, including:
● Police reports: Analyzing the official accident report for key details and potential discrepancies.
● Witness statements: Interviewing eyewitnesses to get firsthand accounts of the accident.
● Expert reconstruction: Working with accident reconstruction specialists to determine the sequence of events and identify contributing factors.
● Vehicle inspections: Examining both the motorcycle and the commercial vehicle for mechanical failures or maintenance issues.
● Driver records: Reviewing the driving history of both the motorcyclist and the commercial driver, looking for any patterns of negligence.
● Company records: If applicable, scrutinizing the trucking company's safety records, driver training programs, and compliance with regulations.
2. Determining Liability
Establishing fault in motorcycle-commercial vehicle accidents can be intricate. We meticulously analyze the evidence to determine liability, considering factors such as:
● Driver negligence: Identifying violations of traffic laws, distracted driving, fatigue, or impairment.
● Company negligence: Investigating whether the trucking company failed to properly train or supervise its drivers, or if it violated safety regulations.
● Vehicle defects: Exploring the possibility of defective parts in either the motorcycle or the commercial vehicle that contributed to the accident.
3. Negotiating with Insurance Companies
Dealing with insurance companies, especially those representing large trucking companies, can be daunting. Our experienced negotiators are skilled at:
● Building a strong case: Presenting compelling evidence to support your claim and maximize your chances of a fair settlement.
● Countering lowball offers: Refusing to settle for less than you deserve and aggressively advocating for your best interests.
● Preparing for trial: If a fair settlement cannot be reached, we are fully prepared to take your case to court and fight for your rights before a jury.
Compensation for Victims of Motorcycle Accidents Involving Commercial Vehicles
Victims of motorcycle accidents involving commercial vehicles can seek compensation for a wide range of damages. These include economic damages like medical expenses (past and future), lost wages, and property damage to the motorcycle.
Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, can also be recovered. In cases of severe negligence or wrongful death, punitive damages or compensation for loss of companionship may be available.
The specific compensation will depend on the severity of the injuries and the degree of fault attributed to the commercial vehicle driver or company.
Contact a Knoxville Motorcycle Accident Lawyer
Motorcycle accidents often result in serious injuries. If you've been hurt in a crash in Knoxville, you need an experienced lawyer on your side. At DZ Law, we understand the unique challenges of motorcycle accident cases. We are here to help.
We'll fight to protect your rights and get you the compensation you deserve for medical bills, lost wages, and pain and suffering. Contact our Knoxville motorcycle accident lawyers by calling 865-259-0020 today for a free consultation.