Motorcycle Wreck Lawyer
motorcycle wreck lawyer
Types of Compensation Types of Compensation You May Recover After Your Accident
There are two different types of compensation, also known as damages, that can be awarded in a motorcycle accident case. One is called special damages, commonly referred to as economic damages, and general damages, also called non-economic damages.
Special damages are those expenses that can easily be assigned a value.
For example, medical bills, loss of income, cost of medical home care, medical transport, gas to and from doctor’s appointments, etc. General damages are those that cannot be easily assigned a monetary amount or estimated.
The most common name for this category is “pain and suffering” awards. The amount of pain a victim suffers or their inability to participate in their favorite hobby is difficult to assign a price. Pain and suffering can include many situations and events.
For example, the victim’s humiliation, embarrassment, loss of enjoyment, loss of companionship, inability to fulfill family obligations, inability to be an active parent, and many more instances that cause victims emotional anguish serve as claims under general damages. There are several factors that are considered when determining the value of general damages:
- The severity of the injury
- Duration of the pain and suffering experienced in the past and future
- Whether the injury is permanent or temporary
- Medical intervention needed, such as surgeries and medications
- Any pre-existing conditions that became exacerbated
Typical Motorcycle Wreck Injuries
No matter how minor an injury may seem, injuries sustained in motorcycle accidents should always be reviewed by a medical professional. The most common injury and cause of death in motorcycle accidents is head injuries due to being ejected from the motorcycle during the crash.
Traumatic brain injuries can result in comas, inability to walk, processing disorders, decreased quality of life, and inability to live an independent live.
Make sure to inspect your helmet prior to using and replace your helmet following the proper requirements of helmet maintenance. The second most common injury sustained during a motorcycle accident that does not result in death is road rash. Road rash is not a simple scrap or cut on the skin, it can be much more serious.
Several layers of skin can be shaved off and create an open wound vulnerable to bacteria. If your damaged skin is not properly treated right away you can develop permanent skin damage and irritations, infections, and nerve damage to the surface of your skin.
Additional injuries include bone fractures, broken bones, and burns (the tailpipe is extremely hot). If these injuries do not immediately receive medical care, it can lead to disfigurement, permanent nerve damage, and permanent disability.
Personal injury attorneys handle traffic crashes involving motorcycles the same way as other motor vehicle crashes, although the injuries sustained are generally more severe. Motorcyclists can suffer from serious road rash, spinal cord and neck injuries, head trauma, brain injuries, internal bleeding, and wrongful death. The compensation a motorcyclist can receive in the event of negligence from a third party may include:
Damages that can be recovered in a motorcycle accident can include:
- Medical bills
- Future medical care, Medical expenses, including rehabilitation
- Lost wages
- Pain and suffering
- Funeral expenses
- Loss of consortium
- Loss of potential income. Lost wages and lost earning capacity
- Grief counseling
- Loss of enjoyment of life
- Property damages
Injured motorcyclists regularly sustain life-threatening injuries or permanent disfigurement during a crash. If an accident results in death, the spouse and/or family are eligible for consortium damages. In these cases, the spouse or family can sue for tangible damages as well as intangible damages such as loss of love, attention, education, etc. that the spouse and/or family would have reasonably received had the victim not been killed.
When a motorcyclist is in an accident, injuries to the rider are almost guaranteed. Because of the vulnerability of a motorcycle, those injuries tend to be more severe than they would be in a passenger automobile accident.
Some of the more common motorcycle injuries are:
Wearing a helmet greatly reduces the odds of suffering a head injury in an impact; however, it is no guarantee of safety. Head injuries are often debilitating and require expensive medical treatment and rehabilitation that can last for years. A brain injury can lead to change in lifestyle, loss of earnings, and can impact relationships. A traumatic brain injury may cause a concussion or permanent brain damage.
Neck and back injuries
The force of an impact can cause neck injuries, including whiplash, damage to ligaments around the neck or back, damage to the vertebrae, and damage to the spinal cord itself. Neck and back injuries can be as minor as a back sprain requiring a few days of rest or result in temporary or permanent paralysis.
Fractured bones are much more common in motorcycle wrecks than in automobile accidents. Broken bones in the hands, feel, arms, or legs, can take weeks to mend, and you may be unable to return to work until they are fully mended.
Having fingers or limbs amputated in an accident or requiring surgical amputation afterward is unfortunately common in motorcycle accidents. The loss of an arm or leg may require specialized medical equipment such as a wheelchair and modifications to your home or car.
In many cases, a motorcycle accident may leave the victim with terrible scars or other disfiguring injuries. Road rash is common, and deep lacerations to the face, a broken nose, or having teeth knocked out can leave you with a disfigurement that may require expensive surgery.
WE HAVE SUCCESSFULLY HELPED NUMEROUS MOTORCYCLE WRECK VICTIMS
we have helped accident victims recover compensation for a wide range of injuries, conditions, and losses, including:
- Brain and head injuries
- Spinal cord injuries
- Back and neck injuries
- Broken bones
- Loss of limb
- Road rash or disfigurement
- Loss of a loved one
CALL AN EXPERIENCED MOTORCYCLE WRECK LAWYER
To help you pursue the maximum compensation you are entitled to, we will conduct a thorough investigation of the events leading to your accident and the actions the negligent party took immediately prior to the wreck. Using information obtained during this investigation, we will attempt to negotiate a settlement that covers all of your losses and future expenses. If a settlement cannot be reached, we will take your case to court to pursue a judgment for compensation in your favor.
our legal team understands the gravity of motorcycle crashes and responds to them with aggressive representation.
MOTORCYCLIST RIGHTS AND RESPONSIBILITIES
Tennessee law enforcement holds motorcyclists to the same rules of the road as other motor vehicles. Motorcyclists must follow road signs, stoplights, and traffic patterns while on the roadway. They are not allowed to ride next to cars in the same lane, but two motorcycles can ride next to each other in the same lane. Weaving between cars or riding in the emergency lane to avoid traffic is not allowed.
Motorcycle riders, including passengers, must wear helmets at all times in Nashville, TN. The helmets must meet federal standards. Lawmakers put these rules in place for your protection: wearing a helmet decreases your chances of suffering a traumatic head injury and permanent brain damage. However, if you weren’t wearing a helmet during a motorcycle accident, it won’t be admissible as evidence of fault in the event of negligence by a third party. If you suffered a traumatic head injury as a result of another driver’s negligence, contact our brain injury attorneys.
Causes Of Motorcycle ACcidents
One of the most common causes of motorcycle accidents occurs when vehicles turn left through an intersection. This can result in an accident if the motorcycle is continuing straight from the opposite direction or if the motorcycle was passing the car or attempting to overtake the car. Drivers have a responsibility to ensure that it is safe to perform left-hand turns. However, due to the motorcycle’s smaller size – rendering it less visible, many cars fail to safely execute a left-hand turn.
In almost all cases of this type of accident, the law will find the car driver at fault. However, if the motorcycle was speeding or not in the proper lane, the motorcyclist may be partly responsible for the accident.
HEAD-ON COLLISION VS. REAR-END COLLISIONS
Head-on collisions are another common source of motorcycle accidents. This can be especially common on some of Tennessee’s two-lane divided roads. They often happen when a vehicle attempting to pass another vehicle fails to notice the oncoming motorcycle and so moves into the motorcycle’s lane to pass. Again, in this situation, the driver is at fault for failing to observe the motorcycle. Many head-on collisions like this are fatal to the motorcyclist, even if he or she is wearing a helmet and other safety gear.
Rear-end collisions involving motorcycles are less common, but they may occur when a motorcycle is stopped at a stop sign or traffic light. Often, the car trailing a motorcycle fails to notice the motorcycle in front and collides with the vehicle.
MOTORCYCLE ACCIDENTS AND ROAD HAZARDS
Road hazards are another significant cause of motorcycle accidents. Weather conditions may contribute to an accident or debris on the road can fly up and strike the motorcycle operator. The condition of the road may also lead to an accident. In this case, it may be possible to collect damages from the government, though these cases are difficult to pursue.
DETERMINING FAULT IN A MOTORCYCLE ACCIDENT
Tennessee is an at-fault state, which means that responsibility for the accident is on the person the law finds to be at fault for causing it. However, more than one driver can be responsible for an accident, so an experienced motorcycle accident lawyer can help determine a percentage of fault to know how to best pursue a case.
A percentage of fault may work like this: If a car turned in front of you, resulting in an accident, but you were operating the motorcycle 10 miles over the speed limit at the time, the police may determine the car driver was 90% responsible for the accident but that you contributed 10% to the accident due to your speeding. In such a case, the courts could reduce the amount of compensation by your 10% fault. For example, if the courts award you $10,000 in this situation, you will receive it – minus 10% – leaving you with $9,000.
In any case where the police determine someone is more than 50% at fault in an accident, he or she cannot receive any compensation as a result. You can only be receive a reward if the other driver is primarily responsible for the accident.
HOW INSURANCE DETERMINES FAULT
Because of how the courts determine fault, the representatives for the insurance company will attempt to show you played a role in causing the accident. In this way, they attempt to reduce the amount of compensation they owe you or perhaps avoid paying you completely. Often, insurance companies use the possible reduction in compensation to lower any settlement offers they make.
While you may have partly contributed to your motorcycle accident, you are still able to receive compensation if the other party was more than 50% at fault for the accident. Our motorcycle accident attorneys will establish your case and help ensure no one assigns more fault to you than is fair.
Typical Causes of Motorcycle Accidents
Because motorcyclists do not have a protective cover to their vehicle, they are five times more likely to be injured in an accident than an individual in an automobile.
Below, we have outlined the ten most common causes of motorcycle accidents. Unsafe Lane Changes: Drivers fail to signal when changing lanes or change lanes too fast. Vehicle Doors. Doors opening from a parked vehicle have the potential to cause an accident if the driver failed to see the motorcyclist prior to opening their car door.
Speeding: Speeding, in general, creates unsafe road conditions for other drivers. When a driver is speeding, the time required to break is increased and impact with a sudden object is possible. Many motorcyclists are rear ended due to speeding and following too close behind.
Drunk Driving: Intoxicated drivers make the road unsafe for other drivers as well, just like speeding. Drunk drivers have slow reaction times, poor judgment and eye sight, and compromised balance. Dangerous Road Conditions: This includes poor weather, such as rain or fog, road construction, or special events.
Distracted drivers, due to the road conditions, are more likely to create an accident. Right of Way Issues: As previously mentioned, because a motorcycle does not have a protective covering, when a vehicle makes an error in turning, distance, and who has the right of way, serious injuries can occur. It is important to maintain all protective equipment and replace gear that is broken or worn out in order to mitigate an injury as much as possible.