Motorcycle accidents can cause tragic accidents, especially because motorcyclists have limited safety features at their disposal and may be more susceptible to injuries when an accident happens.
Injuries from motorcycle accidents can diminish a victim’s quality of life and ability to earn wages. They may have to deal with physical pain, piling medical bills, insurance adjusters, and managing future treatments and rehabilitation. If you were injured due to the negligence of another driver or responsible party, you may need to consult with an experienced Murfreesboro motorcycle accident lawyer. A skilled personal injury lawyer could determine whether your case is eligible for compensation and help you establish the at-fault party’s liability.
Determining Liability for Motorcycle AccidentsLiability for motorcycle injuries often falls to the individual who is determined to be at fault for causing the accident. All drivers have a responsibility to operate their vehicles in a safe and responsible manner, which is known as a duty of care. When motorists violate their duty of care by speeding, driving with distractions, or infringing upon the rules of the road, they may be found liable for damages sustained in an accident.
Motorcycle accident claims are often governed by the legal concept of negligence. Proving that someone acted negligently can be the most difficult and most important step in the legal process following a motorcycle accident. This process requires the claimant to prove an existing duty of care, a breach of the duty of care, and a direct link between their injuries and the negligent behavior. Some motorcycle accidents can be attributed to a defect in the manufacture of the motorcycle. A manufacturing defect can mean there was some deviation from the intended design, and this deviation may have increased the chance of a motorcycle accident.
Statute of LimitationsThe statute of limitations for injuries in a motorcycle collision is generally one year from the date of the accident. Barring certain exceptions, if an injured victim does not file within a year, they risk losing the chance to hold at-fault driver legally responsible for damages. Therefore, it is critical for the injured victim to reach out to a Murfreesboro motorcycle accident lawyer as soon as possible.
Sharing Liability Through Comparative FaultIt can be difficult to determine negligence in motorcycle accident cases because oftentimes, both parties act in a way that contributes to causing the accident. Tennessee utilizes the comparative negligence rule to determine legal responsibility and damages, meaning that compensation is based on the level of negligence attributed to both the defendant and the plaintiff.
If the plaintiff was found to be partially at fault for the accident, they may still collect damages, albeit at a reduced amount that is calculated based on each party’s fault. For example, if a judge or jury assigns 40 percent of the liability to the plaintiff, they can collect 40 percent of the compensation award. However, under Tennessee’s Fifty Percent Rule, plaintiffs cannot recover damages if their attributed fault exceeds 50 percent.
Contact a Murfreesboro Motorcycle Accident AttorneyMotorcycle accidents often lead to high medical expenses, a loss of wages or loss of future earning capacity, and severe emotional and physical suffering. If you or a loved one was involved in a motorcycle collision, contacting a capable Murfreesboro motorcycle accident lawyer may possibly be the best way to protect your legal rights. An attorney could help you determine the value of your damages and help you file your claim before the statute of limitations ends.
The insurance company has a legal team. You should too.