How Can a Motorcyclist Prove Liability in a Road Defect Accident in Tennessee?
Many bikers have been seriously injured or killed as a result of a road defect that caused the biker to lose control of the motorcycle. However, establishing liability against the government agency or construction crew that is responsible for the hazard is not an easy process. There are steps that a biker can take to protect his rights and develop a successful case.
If I am involved in an accident caused by defective road maintenance or repair, including the seal on road repair seams and joints or the material used as a temporary cover for road markings during road work what should I do?
You are going to have a lot of evidence to prove a case like this, but you should start by doing the following:
Contact the police as soon as possible and file an accident report;
Notify the local government agency responsible for the road about the defect;
Document the scene with photographs or video;
Measure the seal or cover that caused the accident; and
Obtain the names and contact information of anyone who witnessed the accident or can testify about the defect.
In order to move forward with a case like this, you will need a report from a civil engineer who specializes in road safety. Presenting evidence that you, as the biker, took all possible evasive actions to avoid the defect also might be necessary.
What if I had an accident as a result of hitting a pothole, sunken drain, or other similar defect?
Some of the recommended actions are similar to a road maintenance defect accident, specifically with regard to the scene. In addition, there are other elements that you must prove, particularly that the local government agency knew about the defect or hazard and failed to take appropriate actions to remedy the problem. If possible, you should locate a site map detailing the location of the particular defect that caused your accident.
Should I hire a motorcycle accident attorney?
A law firm with expertise in motorcycle accidents like Greer Injury Lawyers, PLLC will be able to preserve evidence at the scene and will have available experts who understand how to record details such as skid marks at the scene, as well as other debris that may have contributed to the accident or that the defendants will argue caused the accident. These experts may include professionals who can recreate the accident for a clear visual that shows the jury exactly how the defendant’s negligence resulted in the accident.
Is there a time limit to bring a case to recover for injuries that I suffered in the motorcycle accident?
Yes, there is a time in which a personal injury action must be filed, known as the statute of limitations. In Tennessee, this is one year, so there is very little time to waste in getting the case together. In addition, if one of the defendants will be a government agency, then notification and filing of a claim is time sensitive.
If you have been harmed riding your bike, you need the expert help of the Tennessee motorcycle accident attorneys at Greer Injury Lawyers, PLLC to get the compensation that you need to recover from your injuries and return to the quality of life that you had before the accident. Our attorneys know how to gather the necessary evidence and expert reports to present a compelling argument to the jury. However, our goal is to provide you with the necessary information and develop a strategy that meets the needs of you and your family. To set up a time to discuss your accident in a free and confidential consultation, please contact us at (888) 470-9143. At Greer Injury Lawyers, PLLC we are small enough to care, big enough to fight, and experienced enough to win.