Riding a motorcycle can be extremely rewarding, but an accident involving one can leave you in a difficult situation. To give yourself the best chance of success if this happens to you, get in touch with an experienced Memphis motorcycle crash lawyer right away. Taking action early will help ensure that you have the resources to fight dishonest insurers protect yourself appropriately.
Serious injuries are common in motorcycle accidents. Gain further insight into them and understand how someone experienced in motorcycle accident law can help you if you’re ever in one. A Memphis-based lawyer would be able to assist you with such matters.
The usually warm climate of Memphis makes it an ideal spot for motorcycle riders. Unfortunately, these recreational rides can very quickly become dangerous as severe motorcycle accidents are quite common in the area. As a result, Memphis residents find themselves dealing with various injuries due to these incidents. Motorcyclists are more vulnerable to injuries in accidents due to their lack of protection compared to people inside a vehicle, making motorcycle accidents the most hazardous of all.
Motorbike collisions can be extremely serious, sometimes even leading to fatalities. If you or a loved one has suffered due to someone else’s negligence, it is wise to hire a reputed and experienced motorcycle accident attorney from a reputable law firm. This will ensure that you get the compensation you deserve for your losses.
Our lawyers at Wright & Gray understand the difficulties that come with a motorcycle crash case, but we’re also prepared to fight for you when you need it most.
Explaining Motorcycle Accidents
Motorcycle accidents can be devastating and involve a variety of parties, from motorcyclists & passengers to pedestrians and occupants of other vehicles. These tragedies often take place between motorcycles and other motorized vehicles such as cars or commercial trucks. As a result, the range of those affected is broad, from the rider to their passengers, pedestrians and those in other cars.
Alarmingly, motorcyclists accounted for 14% of all vehicle-related fatalities in the US in 2019, despite motorcycles making up only a tiny proportion of registered vehicles. A total of 5,014 people were killed on US roads due to motorcycle-related accidents. Due to the dearth of protective gear and other regulatory proceedings, motorcycle accidents are more likely to result in serious injuries or even fatalities. This worrying rate is thus clearly understandable.
Motorcycle accidents are just like any other vehicle-related incidents and can take many forms. These include:
- Head-on collisions
- Left-turn motorcycle accidents
- Motorcycle lane switching/splitting accidents
- No-contact motorcycle accidents
- Motorcycle collisions with stationary objects
- Single-bike motorcycle accidents
- Rear-end accidents
Motorcycle casualties can be grave, and the associated injuries are dramatically different. Commonly seen injury types are:
- Arm fractures
- Spinal cord injuries
- Nerve damage
- Permanent nerve damage
- Traumatic brain injuries
- Other head injuries
- Broken ribs and bones
- Internal bleeding
- Organ damage
- Road rash
- Knee injuries
The repercussions of motorcycle accidents can range from serious injuries to deadly fatalities. According to statistics, numerous crashes end up being fatal and the cause of death could be either instant or during the medical process. Thus, it is essential for motorbike crash survivors to get medical care immediately after a crash.
What Are the Causes of Motorcycle Accidents?
Vehicle accidents involving motorcycles are on the rise, largely due to numerous factors such as human error. That being said, let’s take a look at some of the primary reasons for this phenomenon.
- Careless Lane Changes: Reckless lane changes when driving a car can result in a motorcycle accident due to the driver’s ignorance of their blind spot. A factor that further increases the risk of such an incident is the failure of drivers to signal when changing lanes.
- Speeding: Speeding significantly increases the chances of a motor vehicle accident occurring. Exceeding the legal speed limit puts all road users and pedestrians at risk of being involved in a collision. Additionally, driving too fast can be a major hazard, as it gives drivers less time to react to any sudden changes in the traffic. This lack of response time can result in accidents.
- Drunk Driving: Driving under the influence of drugs or alcohol can be extremely dangerous; it impairs the driver’s ability to respond quickly to changes in their environment. Furthermore, it drastically reduces their capacity for making responsible decisions on the road.
- Bad Roads: While negligent drivers are often to blame for motorcycle accidents in Memphis, it’s important to realize that dangerous road conditions can also be the culprit. Unfortunately, if a crash is due to hazardous pavement or intersections, there may not be an option to take legal action. If a party has actively taken part in an accident, lawsuits may be a suitable option. Over-speeding or careless actions can often lead to unfortunate consequences.
- Inexperienced Drivers: It may be thought by some that motorcycle riders do not need to be as skilled or experienced as car drivers, but this is definitely untrue. An amateur bike rider can be just as risky to the road as an inexperienced driver. The danger of wrong decisions is real, as they can lead to hazardous situations that can put both the driver and other road users at risk.
Connect with a Memphis Motorcycle Accident Attorney
We understand that after being involved in a motorcycle collision, it’s difficult to recover and regain your footing. At Wright & Gray, we strive to provide the necessary support and compensation so you can take back control of your life. Whether you are suffering from injuries or have lost a loved one due to the accident, we want to help ease your burden. We provide free consultations to give you the opportunity to evaluate and determine if we are the most suitable option for your needs. With us, you can be confident that any case you bring our way will be handled promptly and with great efficiency.
Who Is Liable in a Motorcycle Accident?
Proving fault is critical when it comes to motorcycle accidents, yet many tend to assume that the rider is always at fault. This belief is inaccurate since there could be other parties who are liable for the crash. Determining who is at fault in a motorcycle accident in Tennessee is of utmost importance as it is a fault accident state. This means that the person found to be responsible has to pay for any damages or losses suffered by the victim.
Motorcycle crashes can occur due to the fault of any of the people involved, such as a motorcyclist, other driver, pedestrian, or third party. All parties have potential liability in these cases.
The Motorcycle Rider
Motorcycle riders are often at the heart of any motorcycle accident that occurs. This is due to the fact that they are in control of the vehicle and their actions will have an immediate influence on an accident. As a result, if a biker has driven recklessly or carelessly, they will be held responsible for any damages caused. For instance, if the motorist was speeding or operating a vehicle while under the influence of alcohol or other drugs, this would be taken into serious consideration.
Car & truck drivers can also be held liable for accidents involving motorcycles. Negligence on the part of the driver is necessary in order to establish liability. Even if the vehicle itself didn’t come into contact with the motorbike, an accident can still occur due to negligence on their part. In certain cases of no-contact accidents, the driver of a vehicle may be held liable even if there is no collision. A good example of this is when a bus driver drives recklessly and another motorcyclist has to swerve to avoid them if the swerve results in an accident then the driver would be responsible.
The Motorcycle Manufacturer
Malfunctioning components on a motorcycle can be the cause of an accident. This can range from brakes and wheels to even pedals. Even the smallest of issues with these parts could lead to collisions. Should this occur, the bike maker would have to take responsibility for the incident and its consequences.
Recoverable Damages in Memphis Motorcycle Accident Claims
Motorcycle accidents can be particularly costly and may lead to various financial losses. However, beyond that, it can cause a lot of emotional and physical damage. Luckily, if you have been a victim in such an accident, then you are entitled to compensation from the responsible party.
- Medical Bills: Motorcycle accidents can unfortunately have very detrimental physical and financial consequences. In cases of subsequent medical expenses, you will be eligible for reimbursement if the injury occurred due to someone else’s negligence. If your motorcycle accident requires future medical attention, then you should be able to receive compensation for all your costs. When such a situation arises, you should also get the relevant bills. Your medical records then become incredibly important to ensure you receive maximum compensation.
- Lost Wages: Motorcycle accidents can incur a lot of costs, from medical bills to inability to work. Without working, it’s highly likely that you won’t receive wages from your employer. However, you can claim for the wages lost as a result of not being able to work due to the accident.
- Property Damages: Motorcycle accidents can lead to irreparable losses in terms of personal possessions such as watches, phones and other valuables. These items are either missing or damaged after a collision, thus it’s important to be careful while riding. In any event, you can get the cost of such property reimbursed from the wrongdoer.
Car accidents can cause non-financial losses as well, such as physical pain, mental suffering, etc. Experienced lawyers have methods to assign a monetary value to these intangible damages in order to ensure you receive the compensation you deserve.
- Pain and Suffering: Pain, which is the physical pain resulting from an accident, is distinct from Suffering which encompasses the emotional distress you experience. This may include fear, anxiety, humiliation, grief and other forms of distress associated with the incident.
- Loss of Consortium: In the event that you have lost your partner due to a motorcycle accident, there are certain damages you can claim for the loss of spousal benefits. These benefits include companionship, comfort, sexual intercourse and care affection.
What Is the Statute of Limitations for Memphis Motorcycle Accidents?
All civil claims are bound by Statute of Limitations, which determine the time frame within which a plaintiff can file their claim. Additionally, this rule has been established in order to put an end to all court proceedings at some point.Legal proceedings should ideally be initiated promptly when the memories and evidence associated with it are still fresh and available. This would give plaintiffs a better chance of securing a successful outcome.
The Statute of Limitations which governs all personal injury claims in Tennessee, is similarly applied to motorcycle-related incidents in Memphis. Tennessee is notable for having one of the shortest Statutes of Limitations. In Memphis, you only have a year from the date of the accident to file a motorcycle crash claim, after which time you’ll be unable to do so.
Additionally, it’s important to remember that there is a time limit for you to file your property damage or injury claims. Any legal claim filed beyond this period could be denied by the courts. This is especially worrisome when it comes to motorcycle accidents which can often be fatal. When this happens, the deceased’s family or estate can file a wrongful death lawsuit.
The one-year statute also applies to Memphis wrongful death claims. A qualified attorney can ensure that you file your claim early. Motorcycle accident attorneys are crucial because the courts only extend the statutory period in rare cases. These include situations where:
- The plaintiff was a minor at the accident date.
- You discovered the injury after the accident date.
- The fault party was unknown.