Whether cruising through the Smoky Mountains or Nashville’s bustling cityscape, a motorcycle is a great way to get around. If you maintain your motorcycle, the biggest problem you will face is a reckless motorist with whom you must share the road.
If you were hit by a negligent motorist, a Hamilton County motorcycle accident lawyer could investigate the circumstances of your case. A personal injury attorney could also advise you about compensation available for your injuries and help you fight to obtain it.
When tons of steel barrel down the highway and crash into a vulnerable motorcyclist, the motorcyclist generally sustains grave or even deadly injuries. According to the National Highway Traffic Safety Administration (NHTSA), a motorcyclist’s chance of dying in a crash are 28 times greater than a motor vehicle passenger’s chance. Motorcyclists’ injuries are, from least severe to most:
Because motorcycle collisions can be incredibly devastating, a dedicated attorney in Hamilton County should be involved in negotiations with insurance carriers and in determining how much compensation an injured party will need.
To prevail in a motorcycle crash case in court, the plaintiff bringing the lawsuit must prove the defendant was negligent. The four benchmarks of negligence are a duty of care, breach of duty, causation, and damages.
A duty of care places people in situations where they must act reasonably to keep others safe. A motorist driving while under the influence or speeding is not acting reasonably, thus breaching the duty of care.
Plaintiffs must also prove the element of causation, which means the defendant’s breach caused the plaintiff’s damages. The result of the breach must be foreseeable, making the breach the proximate cause of the damages. For instance, it is reasonable to expect that a speeding or drunk driver will cause an accident.
Plaintiffs must prove all four elements; a negligence claim will not hold up if one is missing. A tenacious lawyer in Hamilton County could discuss the four elements related to a motorcyclist’s crash.
Tennessee applies the doctrine of comparative negligence, in which the court assigns a percentage of blame to both the plaintiff and defendant. If each is 50 percent responsible for the accident, no compensation is awarded.
However, if the defendant is at least 51 percent responsible, the damage award will be split according to the percentage of blame. For example, if a defendant is 80 percent responsible for a crash and the award is $1,000,000, the plaintiff will be awarded 80 percent of the damages, or $800,000.
Sometimes, your diligence as a careful motorcyclist is not enough, especially when negligent drivers are on the road. Our skilled legal team understands that you may have a long road to recover, and you need money to do it.
If a careless motorist was responsible for your accident and subsequent injuries, a Hamilton County motorcycle accident lawyer could help you fight for financial recovery while you focus on healing. Call the office today to discuss your circumstances.