In Tennessee, the same laws apply to accident cases, whether they involve motor vehicles or motorcycles. However, many factors come into play when dealing with accidents involving motorcycles, including who should be held responsible for the crash and what the plaintiff needs to prove and win their claim.
If you are hurt in a motorcycle in Tennessee, you should consider suing the negligent party so you can recover compensation for your damages. However, you must file your suit within the stipulated statute of limitations period. You risk having your claim dismissed if you file your case after the expiration of this timeframe.
Here are some of the factors that will influence the outcome of your claim following a motorcycle accident in Tennessee:
The severity of your damages
Without the safety features like steel frames, airbags and seatbelts, accidents involving motorcycles tend to result in more serious injuries than those involving vehicles. It is not unusual for a motorcyclist to suffer a traumatic head injury, broken bones and other major injuries in an accident where the motorist only walks away with minor bruises and bumps.
An insurance adjuster or a jury or judge (depending on whether you file an insurance claim or lawsuit), will consider the severity of the injuries sustained by the plaintiff and the treatment costs before issuing an award.
Fault considerations
Tennessee is a comparative negligence state, meaning that a motorcycle accident victim can only claim damages if their contribution to the accident was 49% or less. Most often, motorcycle accident victims tend to be too injured to gather essential evidence from the crime scene, give police statements at the time of the crash or even collect witness accounts. This often results in the loss of vital evidence that can be used to prove fault in court.
Motorcyclists routinely face unfair treatment or are wrongly blamed for causing accidents. If you have been injured in a motorcycle accident due to someone else’s negligence, then you’ll want to carefully build your case to ensure that you receive the compensation that you deserve.