Tennessee Personal Injury Law: Motorbike Accidents
Although motorcycling is rewarding for many people, it is also an extremely risky activity that adds a high degree of liability to driving in Tennessee. Motorcycle related injuries are often fatal, and expensive. In some situations one might be charged with jail time for contributing to the cause of a motorcycle accident.
Under Tennessee law, all motorcyclists must wear a helmet that fulfills the legislative requirements. Passengers are not exempt from this mandate. Courts see helmet violations as a breach of negligence. Failure to wear a helmet can drastically decrease the amount of compensation awarded to victims of motorcycle incidents.
Operating A Motorcycle Under The Influence:
It is illegal to operate a motor vehicle under the influence of alcohol in Tennessee, and motorbikes are no exception. Standards for DUI charges are similar to those used for car drivers – for instance, the limit of intoxication for driving a motorcycle under the influence of alcohol is a Blood Alcohol Content, or BAC, of over 0.08%. Penalties for accidents involving a DUI are typically severe.
Motorcycle DUI’s And Passengers:
Passengers have rights when they accept rides on motorcycles, but within certain limits. If a person operating a motorbike is doing so under the influence of a perception-altering substance and causes a traffic accident, then any passengers could be eligible for compensatory damages for any pain or suffering incurred. However, situations in which a passenger could reasonably be expected to take proper safety precautions might disqualify him or her from receiving benefits.
Many persons injured in traffic accidents involving motorcycles file for damages on the grounds that the vehicle was not functioning correctly, at no fault of the driver. Such product liability suits are often profitable for the victim, but there are various complicated factors that make the process difficult. Substantial evidence is required, but Tennessee law does hold businesses accountable for defective products, so receiving compensation on these grounds is more than possible.
Drivers involved in motorcycle related accidents in which one or more parties are uninsured will be in trouble if they don’t have uninsured and underinsured motorist protection, or UM/UIM coverage. While Tennessee requires other types of liability insurance, countless drivers disobey legislation. There’s a 25% chance of encountering an uninsured driver in any type of vehicular incident. Prevention by immediately securing UM/UIM coverage is critical, but a good attorney can provide crucial assistance even for clients without it.
Damage From Motorcycles Forced Off Road:
Uninsured motorist suits (UM’s) may be filed against negligent drivers who cause injury to motorcyclists by causing them to run off the road and crash. Fault is difficult to prove, but if a victim has legal representation and takes affirmative action in collection information and witness testimonies, then it’s possible to seek punitive damages for the accident.
It is common for motorcycle drivers who anticipate a traffic accident to “lay down” their bike as a method of preventing collision, or lessening damage from the potential impact. Since intention is involved, such cases are complicated. However, motorcyclists injured in accidents in which they chose to lay-down are entitled to certain rights that allow many victims to receive compensation.
Motorcycles have a high risk of collision when driving through intersections on roadways. It is crucial that traffic laws be observed and all drivers enact proper vigilance, but at intersections with traffic involving motorcyclists an increased caution should be taken. Maneuverability of the motorcycle, visibility, and severity of accidents are all negatively impacted by intersections. If fault can be determined, then victims in such cases are entitled to benefits for any harm or suffering in the mind and body.
Fault is difficult to determine in motorcycle related accidents involving driveways, due to the issue typically being that of visibility. It is hard to defend oneself in such a case based on the fact vision was obscured by the nature of the driveway or obstacles surrounding it. Tennessee courts expect proper caution, and many motorcycle drivers and passengers who are victims of accidents in which a car leaving a private driveway collides with the bike receive damages based on negligence. The court will determine all factors leading towards liability based on the evidence provided by either party, and grant awards based on the most convincing proof.
When a passenger on a motorcycle is injured in a traffic accident, then he or she is probably entitled to claims against all drivers of the vehicles involved in the collision. If such a passenger has evidence demonstrating a driver’s negligent behavior behind the wheel, then a claim will be accepted. Other incentives for filing a lawsuit for passengers in motorcycle accidents include product malfunction and DUI’s.
Dog-Related Motorbike Accidents:
Dogs that are not properly confined to a property often caused fatal accidents with motorcyclists, and in these situations the owner of the dogs are liable for any injuries and damages incurred by the driver as a result of the collision. While it is unfortunate that such incidents are often deadly for the dog, it is rare that the owner does not take responsibility. Claims in these situations can be made using homeowner’s insurance policies.
Improper Motorcycle Maintenance:
Drivers who believe that their safety was compromised due to improper repair to their motorcycles are advised to keep all mechanical components without altering them. If such a victim hires a lawyer, then he or she has a high probability of receiving damages for persons or entities responsible for damages and injuries resulting from the neglectful maintenance.
Legal Representation For Motorbike Accidents:
Contact our offices if you have any questions or concerns related to traffic accidents involving motorcycles. Our team of attorneys has the experience, resources, and connections that are most ideal for ensuring a successful outcome for motorcycle accident cases across the board. Don’t wait to secure the compensation you are entitled to – set up an initial consultation and get legal representation from our firm today!