The aftermath of a motorcycle wreck is often a confusing time. In addition to trying to heal your serious injuries, you may have to deal with police and insurance companies. It can be difficult to know what steps to take to get compensation for your injuries. At the law firm of Massengill, Caldwell & Coughlin, P.C., we are focused on helping injury victims and answering the questions of people who have been hurt. We serve clients throughout upper East Tennessee and Southwest Virginia. If a bike crash has left you injured or hurt someone in your family, we are here to help you understand your rights and get justice.
Our experienced lawyers answer your questions about motorcycle accidents in Tennessee:
Our attorneys are available to answer any additional questions during your consultation in our Bristol office.
We encourage bike wreck victims and their families to contact us to learn more about their options. At the firm of Massengill, Caldwell & Coughlin, P.C., we put our clients first. We have been representing injury victims for more than 100 years. We urge you to come in for a consultation. If you can’t travel, we will visit you in your home or at the hospital. Call us today at 423-797-6022 or contact us online to schedule your initial consultation.
Does Tennessee require bikers to wear helmets?
Yes. Tennessee has taken the important step of requiring helmets on bikers. Even the most experienced bikers crash, and when they do, helmets protect their heads and save lives. It is essential to wear a DOT approved helmet every time you ride. Decorative helmets are often more dangerous than wearing no helmet at all. In addition, three-quarters (open face) helmets should be avoided because they leave the face exposed. The face is the part of the head most likely to hit the pavement. While you can still sue if you were injured while not wearing a helmet, you may collect a smaller amount of damages.
How can I prove my motorcycle wreck wasn’t my fault?
When you hire experienced motorcycle wreck attorneys like the ones at our firm, they will go to the scene of the crash to gather evidence. In many cases, we will hire an accident reconstruction specialist to help prove that an accident was caused by another car swerving or forcing you into danger.
Who will pay my hospital bills after a bike crash?
Getting compensation for your medical costs after a bike wreck can be complicated, but we work hard to make sure our clients get the economic compensation they need. Depending on the type of insurance you carry, your bills may be paid by your health insurer, your motorcycle insurer or another driver’s insurance company. When necessary, our firm litigates against insurers in court and brings claims against negligent drivers.
What should I do after a motorcycle wreck?
The first thing you should do is move to a location where you aren’t in danger. Call the police and your attorney. Swap information with other drivers involved in the accident. It is important that you do not admit any fault to anyone on the scene, including police or an insurance company. Do not apologize. You may think an accident really was your fault only to find out the law blames another driver. You are stuck with anything you say. If you suspect even minor injuries, get them checked out by a medical professional. Many serious injuries don’t develop symptoms on the first day, and insurers may claim that injuries showing symptoms later aren’t related to the accident.
What if I was partially at fault for my accident?
Tennessee law uses a doctrine known as “modified comparative fault.” In this system, typically a jury decides which parties were responsible for an accident, as well as what percentage of the fault should be assigned to each party. The damages you can recover will be reduced by the percentage of fault that you have been assigned by the court. For example, if you are found to be 10% at fault for an accident, you can only recover 90% of the damages. If you are 30% at fault, you would be able to recover 70%. However, you cannot recover anything if you are found to be equally or more at fault than the party you are suing. This means that if a jury finds you to be 49% at fault, you get 51% of the damages, but if they find you to be 50% or 51% at fault, you get nothing. An experienced attorney can help you understand how this rule applies in your case.