Motorcycles, Thrilling but Dangerous: How to Prevail Against the Insurance Companies
Riding a motorcycle can be a thrilling yet life altering experience. Motorcyclists have a much higher chance of sustaining serious and disabling injuries compared to automobile accidents because unlike with an automobile, motorcyclists have little protection from the elements. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, 5,014 motorcyclists died in motorcycle crashes, down slightly from 5,038 in 2018. In 2019, motorcyclists were nearly 29 times more likely than passenger car occupants to die in a crash per vehicle miles traveled.
5 Most Common Causes of Motorcycle Accidents
Our dedicated attorneys at Cotter Law want you to stay safe while enjoying your motorcycle.
Driving Under the Influence
Speeding - this often is a main cause of motorcycle collisions, often when the motorcyclist is driving too quickly around corners or other areas that make the speed unsafe.
Left-Hand Turns
Head-On Collisions - this type of collision is often fatal or results in life-altering injuries.
Splitting of a Lane - this is when a motorcyclist drives between vehicles - often moving from lane to lane in slow-moving traffic.
Assessing Liability
Motorcycle riders face unique challenges when pursuing an injury claim. They are likely to be more severely injured than a car accident victim and they are less likely to be treated fairly. Not only does the severity of the injury differ from traditional passenger vehicle accidents, but the legal fallout can be different due to Tennessee’s motorcycle law as well as other factors. The Tennessee Motorcycle Helmet Law requires that all motorcycle riders, no matter their age or driving experience, wear a helmet while on a motorcycle. If you are involved in a motorcycle accident and you failed to wear a helmet, you can face legal consequences even if the accident was not your fault.
A key factor in determining recovery in a personal injury claim is liability. Liability is determined by assessing which party was liable for the accident. In Tennessee if you are 50 percent or more at-fault for the accident then you will not recover any damages (compensation) for your injuries. There are cases where both parties can be determined to be liable, thus neither party will recover.
Pursuing a Personal Injury Claim
A key factor in pursuing your personal injury claim is receiving medical treatment for your injuries. The main evidence that is used to establish that an injury did in fact result from a motor vehicle accident is medical treatment. Without receiving medical treatment you have no real evidence of an injury. It is important to seek medical treatment as soon as possible. More often than not, I speak with someone that was involved in a motor vehicle accident that failed to seek medical treatment within the first two weeks. This can substantially hurt your case because while you may have initially thought that you were banged up, but you would be fine in a few days, that is typically not the case.
Failing to receive treatment for more than two weeks following an accident can communicate to the insurance company that you were not injured in the motor vehicle accident. If you wait two weeks, the insurance company can and will make the argument that your injury could be due to some other accident that may have occurred between the date of the accident and the date of treatment.
When pursuing a personal injury claim for a motorcycle accident you can seek damages for medical treatment obtained, lost wages for any time missed from work due to your injuries, prescriptions, medical equipment purchased, fuel to travel to and from medical treatment, pain and suffering, future loss of income, future pain and suffering…etc.
Do You Need a Lawyer?
The insurance company, specifically the adjuster handling your claim, is going to do everything in his/her power to make sure you get the least amount of compensation if he/she offers anything at all.
Hiring an attorney can ensure you receive the full and fair compensation you deserve. At Cotter Law it is our priority to take on the fight with the insurance company while you focus on recovering from your motorcycle accident. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an experienced attorney.
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