If you are injured in an accident as a motorcycle passenger, you may wish to consider your legal options. In fact, you may even have more options available to you than the motorcyclist himself. Because Tennessee is a “fault” state for accident and insurance claims, you are not limited to simply filing a claim with your own insurance company. These are a few examples of the options available to you:
The motorcycle crash could have resulted from poor decision making and/or negligent operating by the motorcycle driver with whom you were riding. Speeding, failing to yield the right of way, lacking or failing to use headlights, making improper lane changes, and inadequately maintaining one’s motorcycle are all examples of negligence. If a motorcyclist caused an accident with you as passenger because he or she was negligent and you suffered injury as a result, you could bring a legal claim against that person to obtain compensation.
In other situations, another driver’s behavior could be to blame for the accident and your injuries. Motorcycle crash cases often involve other motorists failing to yield to bikes, failing to allow a motorcycle the full width of a lane, or similarly, trying to pass a motorcyclist within a single lane. It may be an honest mistake, since bikes are not as visible as other larger vehicles on the road, or it may be because the motorist did not use proper caution when checking blind spots or changing lanes. Regardless of the cause, if another motorist is responsible for your motorcycle accident, you and your own driver could both pursue legal action.
If your accident and resulting injuries were due to a defective part or an inherently dangerous design, you could file a claim against the manufacturer of the part or the company that designed the motorcycle. In other cases, the defect could have been caused by an improper repair or installation, in which case the mechanic who performed the work could be liable.
To learn more about motorcycle laws in Tennessee and your options for taking legal action following an accident, speak with a skilled Bristol motorcycle accident attorney. Call Massengill, Caldwell & Coughlin, P.C. today at 423-797-6022 to schedule your free initial consultation, or contact us online.