While matters involving contributory negligence in Chattanooga motorcycle accident cases can be complicated to discern, know that you do not have to face them alone. A knowledgeable Chattanooga wreck attorney can help guide you through the process so that you can place your main focus on your medical recovery. Read the following information to learn more about contributory negligence in Chattanooga motorcycle accident cases, as well as the benefits of retaining a weathered Chattanooga motorcycle accident attorney for your case.
The modified comparative fault system in the state of Tennessee, Hamilton County courts, and Chattanooga bars the recovery of a plaintiff if a judge or a jury assigns more than 50% of the fault to the plaintiff in the action. This concept of contributory negligence is built on the idea that if it is just as much their fault as the other party’s when causing an accident, then nobody should recover.
Mistakes an individual can make that could lead to an assignment of over 50% at fault can include failing to wear a helmet or running a red light. Operating one’s motorcycle in a reckless manner such as speeding, failing to maintain their lane, and running red lights can also result in an assignment of a large amount of fault. Know that it is difficult to draw a bright line on what it means to be over 50% at fault for causing an accident, and that what will draw this line varies in every case.
According to Chattanooga motorcycle helmet laws, when an individual is on their motorcycle and they do not wear a helmet, even if it is not their fault, they may be barred from recovery if they sustain a head injury that would have been prevented by wearing a helmet. The motorcycle operator who is injured with a preventable concussion, cracked skull, lacerated face, or orbital socket fracture could have some damages taken away under the modified comparative fault system in Tennessee.
Whether or not failing to wear a helmet reaches the point of barring recovery where the motorcyclist is 50% at fault or greater is a question for the jury. Attorneys have to convince the jury that even if an individual had a helmet, they still would have suffered catastrophic injuries. They do this through the use of biomedical engineers, orthopedic doctors, and accident re-constructionists who can help explain to a jury why a helmet would not have made a difference in their particular accident.
Insurance companies are going to be retaining similar experts to explain to a jury why a helmet would have made all the difference. It will be up to the juries to decide who to believe and how to assign that comparative fault. Attorneys want to build their case from the beginning with the best experts available to make the strongest case, so that the insurance company is pressured into settling. Even if an individual was not wearing a helmet, it is not a complete bar to the recovery. Failing to wear a helmet is not the end of a case even though this is considered a Class C misdemeanor. A professional Chattanooga motorcycle accident attorney can still hold the other driver accountable for the injuries caused with an expert legal strategy.
If you have been injured in a motorcycle accident, reach out to a reliable Chattanooga motorcycle accident attorney today who can teach you about contributory negligence in Chattanooga motorcycle accident cases, helping you take the next steps towards securing your deserved injury compensation.