What Are Some Common Tennessee Motorcycle Accident FAQs?

As highly seasoned Tennessee motorcycle accident attorneys, we are regularly meet with prospective clients who wish to learn more about their legal options after unfortunately being involved in a motorcycle accident. Regardless of whether he or she is a victim him/herself, or is a loved one of a person who died due to a motorcycle accident, they often ask a number of important and highly relevant questions. As a result, we have put together a list of the following top questions that are raised by motorcycle accident victims and/or their loved ones when considering whether to file a lawsuit – which we feel can ultimately provide you with the information necessary to know where to turn next.

Q: My bike is totaled. Can I keep it?

Typically, if a motorcycle is totaled, the insurance company will pay you the fair market value of the bike at the time of the accident. However, your insurance company may take possession of the bike should a completely new motorcycle be necessary. If the bike only needs repairs, however, your insurance carrier will generally pay you for the repairs, and you can keep the bike.

Q: Should I hire an attorney if I have been in a motorcycle accident?

You will almost always obtain better and faster result if you hire an attorney experienced in handling motorcycle accidents. Motorcycle accident attorneys have valuable training and experience to help you navigate through the insurance process and/or court system in your jurisdiction. Moreover, they know how to prepare your case and present crucial information to the court – and a jury, if necessary. If you needed knee surgery, would you try and do it yourself? With this in mind, it is best to contact a seasoned motorcycle accident attorney to help you learn more about your legal options and fight for the compensation you deserve.

Also keep in mind that insurance company representatives may sound friendly on the phone, but make no mistake, the insurance company is looking out for its own interests – not yours. Also don’t be fooled by over-exaggerated television advertisements from insurance carriers who try to lure clients using fictional characters to promise monetary results. Specifically, he insurance company wants to settle your claim for as little money as possible – and this is standard with most, if not all, insurance companies. Accordingly, if you hire an experienced motorcycle accident attorney, your attorney’s goal will be exactly the opposite – to recover as much money as possible for you. He or she will be able to navigate through the complicated insurance claim process and help you fight for the money you need.

Q: Can I make a claim if I was partly at fault for the accident?

You can make a claim against the other driver if the other driver was at fault. If you were also at fault, your recovery will be reduced by the amount of your “comparative fault”, which is discussed in further detail directly below.

Q: What does comparative fault mean?

In Tennessee, our courts follow a modified comparative fault system, meaning that fault is allocated in a percentage between the responsible parties. Thus, in any motorcycle accident, (or car/truck accident for that matter), the party being sued can allege that the party should be also be held monetarily responsible for a portion of the total damages in the case. The party being sued can also allege that the suing party is all, or partly, at fault for the accident. Once this allegation is made, it is up to a jury, or a judge, to render a decision in this regard

Q: Can I make a claim with my insurance company if an unidentified car runs me off the road?

If you have uninsured motorist coverage on your insurance policy, you can make a claim with your insurance company for an accident of this type. A motorcycle accident lawyer can assist you in helping you file your claim and maximize your chances of obtaining damages for your injuries and/or damage to your bike.

Q: I don’t have motorcycle insurance. Can I file a lawsuit if another car hits me?

Yes. Regardless of whether you carry motorcycle insurance or not, you can file a lawsuit against the driver who hit you, causing your damages.

Q: I wasn’t wearing a helmet. Do I still have a case?

Whether you were wearing a helmet does not determine whether the other driver was at fault. However, if your injuries are worse, because you were not wearing a helmet, you recovery amount could potentially be limited. While this may not always be the case, speaking with an experienced motorcycle attorney can help you learn more about your legal options should you be facing this specific issue.

Q: How long will it take to complete my case?

Every case is different. Some resolve within months while others can a year or more. In general, it depends on the complexity of the injuries, whether there is a dispute as to which party is at fault, and whether the parties are able to approach a settlement in a reasonable and timely manner.

If you have been injured while riding a motorcycle in Tennessee and would like to learn more about your legal options, you should consult an experienced motorcycle accident attorney immediately. The personal injury attorneys at the Memphis law firm of Greer Injury Lawyers, PLLC aggressively represent motorcycle accident victims with integrity, compassion and respect. Call us today at 888-470-9143 for a free consultation and to help us fight for your rights and the compensation you deserve for your injuries.