Personal Injury Motorcycle Accidents FAQs

Frequenty Asked Motorcycle Accident Questions

Answered by Your Trusted Knoxville, TN Personal Injury Attorneys at Gilreath & Associates

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What Different Insurance Companies Might Be Involved in a Motorcycle Accident Claim?

Motorcyclist’s Insurance Company: Primarily involved for covering damages to the motorcycle and potentially medical expenses, depending on the rider's policy coverage. It's the first point of contact for the rider to file a claim for damages or injuries sustained.

At-Fault Driver’s Insurance Company: If the other driver is determined to be at fault, their liability insurance is responsible for covering damages and medical expenses of the injured motorcyclist. The process involves filing a third-party claim against this insurance.

Health Insurance Company: Often involved in covering initial medical expenses for the injured party. Subrogation may occur, where the health insurance company seeks reimbursement from the at-fault party’s insurance.

Uninsured/Underinsured Motorist Insurer: Engaged when the at-fault driver lacks sufficient insurance coverage or is uninsured. The motorcyclist’s own policy may cover additional expenses through uninsured/underinsured motorist coverage.

What are Tennessee Licensing and Insurance Requirements?

In addition to helmet laws, Tennessee requires motorcycle drivers to carry motorcycle insurance. The state requires $50,000 in coverage for property damage and at least $25,000 in coverage for bodily injury. A ten percent insurance discount can be applied for three years after a driver completes Tennessee's motorcycle safety program, a rider education program designed to reduce motorcycle accidents in Tennessee. In addition, those who seek licensure in Tennessee get their fees waived if they have completed the safety course.

What Should I Do If a Loved One Was in a Fatal Motorcycle Accident?

Losing a loved one in a motorcycle accident is devastating, and the legal complexities can be overwhelming. It’s crucial to take steps to protect your family’s rights and interests during this difficult time. Initially, seek the support of a compassionate and experienced attorney who understands the nuances of motorcycle accident claims and wrongful death lawsuits in Tennessee.

Steps to consider:

Obtain the accident report and any available evidence from the scene.

Notify the insurance companies involved but refrain from making detailed statements or accepting settlements without legal advice.

Gather documentation of your loved one’s medical treatment and expenses related to the accident.

Compile evidence of wage loss, support, and other financial impacts on your family.

Contact an experienced Knxville personal injury attorney specializing in motorcycle accidents and wrongful death cases.

How Do Personal Injury Attorneys Help With Wrongful Death Motorcycle Accident Cases?

Case Evaluation: Attorneys offer a comprehensive evaluation of the case to determine the viability of a wrongful death claim and identify all potential sources of compensation.

Investigation and Evidence Gathering: They conduct thorough investigations to collect evidence, including accident reports, witness statements, and expert testimonies, to establish fault and liability.

Insurance Negotiations: Experienced in dealing with insurance companies, attorneys negotiate aggressively to ensure fair settlements that reflect the full extent of your loss, including future financial needs.

Legal Representation in Court: If a fair settlement cannot be reached, your attorney will represent your family in court, presenting a strong case on your behalf to seek justice and compensation.

Guidance and Support: Throughout the process, your attorney will provide legal guidance, emotional support, and clear communication, helping you navigate the complexities of the legal system during this challenging time.

What are Tennessee Motorcycle Helmet Laws?

Tennessee helmet laws require anyone operating or riding on a motorcycle to wear a helmet. Though this law has been hotly contested within the state, helmets save lives, reducing fatal head injury risks by over 40 percent. In fact, Tennessee's Vanderbilt University, which treats a large number of head injuries after motorcycle accidents, estimates that these injuries cost nearly $70,000 on average—not counting permanent disability and its effects on productivity.

In Tennessee this issue is of great concern because TennCare, the state's insurance program, bears many of the costs for motorcyclists hurt while riding without a helmet.

What Are The Leading Causes of Motorcycle Accidents in Tennessee?

Speeding: Increases the severity of accidents and reduces reaction time to avoid collisions.

Left-turn Accidents: Occurs when a vehicle turns left in front of an oncoming motorcycle, often due to misjudging the motorcycle's speed or not seeing it.

Lane Splitting: Riding between lanes of slow-moving or stopped traffic, which can lead to accidents due to the close proximity to cars and reduced space to maneuver.

Impaired Driving: Both motorcyclists and vehicle drivers under the influence of alcohol or drugs significantly increase the risk of accidents.

Distracted Driving: Drivers distracted by their phones, navigation systems, or other activities are less likely to notice motorcycles, leading to collisions.

Who is at fault in a Motorcycle Accident?

Despite incentives to ride safely, Tennessee motorcycle accidents can and do occur. It is essential to identify liability in a Tennessee motorcycle accident since Tennessee is an at-fault state. This means the party determined to have caused the accident takes on responsibility for all damages. However, fault can rest on various factors: time of day, road conditions and weather, driver intoxication, and traffic conditions.

What Should I Do I Was In A Motorcycle Accident?

Make sure never to admit fault at the scene of an accident. Unfortunately, insurance companies as a rule do not want to pay out damages and it can be frustrating to deal with them and an accident's aftermath first-hand. For this reason, it is a good idea to retain an experienced Tennessee motorcycle accident attorney to help litigate your accident and seek monetary compensation for your injuries and for property damage.

Our Tennessee motorcycle accident lawyers can help assess and file your claim within the applicable statute of limitations and can negotiate with insurance companies to make sure you get the money you deserve to help deal with damaged property and injuries. Having a competent attorney can greatly reduce the stress and hassle of dealing with a motorcycle claim.