While the dynamics of Chattanooga motorcycle accidents can be complicated, know that a reliable Chattanooga collision attorney can help to guide you through the process while offering you legal counsel on the best steps to take towards your injury compensation. Read on to learn more about the different dynamics of Chattanooga motorcycle accidents, as well as the ways a skilled Chattanooga motorcycle accident lawyer can help your case.
Tennessee has a modified comparative negligence system. The point of comparative negligence is to allocate fault between two parties after an accident. Comparative negligence is comprised of two systems, including pure comparative negligence and modified comparative negligence. In a pure comparative negligence system, an accident victim may be awarded damages even if they are partially to blame for their own injury. Under a modified comparative negligence theory, the court awards damages on the level of fault to each party. In these cases, a jury will assign a percentage of fault for each individual involved in an accident. The total damages awarded by the jury will be broken up based upon that percentage of fault of each party.
When considering the dynamics of Chattanooga motorcycle accidents, if a plaintiff’s responsibility reaches a threshold typically of 50% or above, that plaintiff is barred from recovering anything from the defendant in the action. Tennessee is a state that uses the 50% rule. Under the 50% rule, a plaintiff may only recover if a jury determines that the plaintiff’s fault for the injury is 49% or less. If the jury determines the plaintiff’s percentage is 50% or more, the plaintiff will not be awarded any damages. In Tennessee, an exception to comparative negligence also exists when the plaintiff knowingly causes or contributes to another party’s injury or death.
In the State of Tennessee, a motorcycle with over 50 cubic centimeters of engine size is required to have a motorcycle license. It is available to individuals over the age of 16 and requires special license testing. This category of engine size is the key, as well as whether the vehicle has two or three wheels. Class N licenses are required to operate them. An operator of a motorcycle who is under the age of 16 may obtain a special permit when they are 15 years old to operate a motorcycle with certain restrictions. Anyone with a valid Tennessee driver’s license may operate a motorized vehicle that is under 50 ccs without any special endorsement required.
An experienced Chattanooga wreck lawyer works to understand the full picture of an accident as early as possible. This can involve utilizing accident re-constructionists to digitally rebuild accidents that occur when a motorcycle is involved. Typically, attorneys want to invest greater case preparation in motorcycle accident cases than they do in a typical motor vehicle accident case because of the seriousness of the injuries, the cost of injuries, and the cost of the medical bills to repair those injuries. Attorneys want to ensure that they maximize the individual’s recovery and hold the other driver and the other driver’s insurance company accountable for the damages they suffered. If you have been seriously injured in a motorcycle accident, reach out to a professional Chattanooga motorcycle accident lawyer today to gain an aggressive advocate for your compensation.