The sheer amount of harm that can occur when a motorcyclist is hit by a careless motorist is frightening. Remember that unlike typical vehicles that provide some level of protection for their occupants, motorcycles leave their riders exposed.
Therefore, they are likely going to be flung into the air and will make devastating contact with the pavement or some other structure. The list of personal injury types that can result is very long and the effects these can have on the victim's life are well documented.
A motorcycle crash victim is advised to file an injury claim to get compensated by the negligent party. Of course, this is not the easiest process in the world to navigate, especially in the absence of an attorney. The information below aims to assist in understanding the legalities at a fundamental level.
Where Are Motorcycle Accidents Most Common in Tennessee?
Tennessee motorcycle accidents can occur just about anywhere, but there are some areas where they have become somewhat common, which are more than anyone would reasonably expect:
Intersections - While the reasons for these can be many, there will usually be a situation where a driver fails to yield the right of way when appropriate, and they may commit an improper left turn. In such a motorcycle accident case, the legal professional will often lean on a crash reconstruction expert to assist in proving fault on the part of the defendant.
Two-lane roads - Bikers tend to ride very close to cars here, which means that drivers will often not notice them while they share the road. Therefore, the moment a vehicle begins to veer out of its lane, the possibility of a crash becomes real.
Parking lots - While parking lots are thought to be safe by many, motorcycle riders are not completely secure in them. The challenge is vehicles will enter and exit the lot and parking spaces consistently. Unfortunately, many drivers don't take the simple step of checking their surroundings before they make any moves, which means collisions with bikers are possible.
Urban roads - Urban areas are synonymous with high levels of traffic congestion. It is very common for drivers to get very impatient, which leads to their making reckless choices to avoid delays. These decisions will often result in crashes with riders.
Highways - Anyone traveling on a highway will tend to be going at a much higher speed than usual. Therefore, reaction time becomes a big problem. Bear in mind too that the higher the speed associated with the accident, the greater the potential for serious injury and even death.
Identifying a Valid Tennessee Motorcycle Accident Claim
Tennessee motorcycle accident lawyers will usually do an initial consultation at the request of a victim as the first interaction. The idea here is to find out what the circumstances surrounding the phenomenon were. Any insights gained by the legal professional will help to establish if there is a claim possible and worth going after. For more information, a motorcycle accident law firm in Nashville may be able to help.
Every crash is unique, but some markers help to identify when an insurance company covering a negligent party may need to provide compensation to a victim. These are:
The negligent driver owed the victim a duty of care.
A breach of the duty of care has been committed by the defendant.
Injuries suffered by the victim are the direct result of the breach by the at-fault driver.
There were damages sustained because of the injuries incurred.
As simple as it may sound, motorcycle accident victims cannot navigate these proceedings alone, which is why the recommendation of hiring an experienced crash lawyer is consistently made. They can also help with how to file a lawsuit for truck accident in TN.
How Quickly Should Motorcycle Accident Claims Be Filed?
It is always best to file a motorcycle accident lawsuit as quickly as possible. Not only does doing so improve the chances of getting to a settlement quickly, but it also increases the likelihood that any evidence available will be in a viable and accessible state.
Beyond that, there is the matter of the statute of limitations on any personal injury lawsuit in Tennessee. Only a year is allowed for filing, after which it will no longer be possible to seek compensation through the legal system.
Why Might Motorcycle Accidents Occur in TN?
Typically, motorcycle accidents involve drivers who are simply being careless on the road. Thankfully, the legal system allows victims to hold them accountable with attorney assistance. Here are some of the reasons why these crashes tend to happen in Tennessee:
Drunk driving
Ignoring traffic signals
Reckless driving
Improper left turns
Speeding
How Does a Tennessee Motorcycle Accident Lawyer Help with the Filing Process?
Case Evaluation
As indicated before, the motorcycle accident attorney will start by doing a case evaluation. Ascertaining the elements of the crash and deciding on the next steps, if any, will happen here. They can also help with how to file a lawsuit for bicycle accident in TN.
Investigation and Gathering of Evidence
First, the legal professional will want to compile evidence and other documentation that will be the foundation of the case. Elements such as how the accident happened, what kinds of medical expenses were incurred, proof that the other party was negligent, etc., will come into play here.
Filing and Negotiations
A motorcycle accident lawyer will file the injury claim on behalf of the client to let the negligent driver's insurance company know what amount of compensation is being requested and why it is a valid request. This will be followed by a negotiation process that will see both sides attempting to settle favorably.
Court Representation
While many motorcycle accidents will lead to settlements that will occur from the negotiations mentioned above, this is not always the case. When both sides cannot agree, a trial will need to take place, which means that it is left up to the court system to decide what kind of settlement, if any, is appropriate.
Schedule a Free Consultation with an Outstanding Motorcycle Accident Lawyer in Tennessee Today!
Motorcycle crashes can obviously turn the lives of their victims upside down in a heartbeat. Sometimes, the occurrence will be fatal for the victim, meaning the surviving family members need to deal with a wrongful death claim while trying to mourn the loss of a loved one.
Thankfully, Schuerger Shunnarah Trial Attorneys exists to provide the support of an experienced Tennessee motorcycle accident lawyer who is willing to go to war for you! Schedule a free consultation today!