As a Nashville motorcycle accident lawyer, I am keenly aware that Motorcycle riders are 29 times more likely to die in crashes than car occupants. The National Highway Traffic Safety Administration reports that 5,579 motorcyclists died in crashes during 2020 alone.

My experience as a Nashville motorcycle accident lawyer has shown me how these accidents devastate victims and their families. Our firm helps riders get the compensation they deserve. Many factors play a role when we determine who’s at fault in motorcycle crashes. These include distracted driving and road hazards. Your rights under Tennessee’s modified comparative negligence system need protection to safeguard your claim.

Let me explain how we determine fault in motorcycle accidents. We will look at the evidence you need for a strong case and the steps to protect your rights under Tennessee law.

Common Causes of Nashville Motorcycle Accidents

Tennessee records over 3,000 motorcyclists with severe injuries in crashes each year. Riders need to know these common causes to stay safe on Nashville roads and build stronger injury claims.

Distracted driving incidents

Nashville motorcyclists face their biggest threat from distracted driving. The numbers tell a shocking story – Davidson County has logged 24,967 distracted driving crashes since 2010, about twice as many as any other Tennessee county. Most crashes happen because drivers simply don’t see the riders on the road.

Drivers who use phones, adjust GPS systems, or handle other distractions put riders at risk. A minor bump can turn deadly for motorcyclists who don’t have a car’s protective shell. People using cellphones behind the wheel tend to drive faster, switch lanes more often, and brake harder.

Road hazard accidents

Two-wheeled vehicles face unique risks from road conditions. Several dangers stand out for riders:

• Loose gravel and debris can make tires lose grip
• Potholes and uneven pavement might throw riders off balance
• Railroad crossings can trap motorcycle tires
• Expansion joints become dangerous in wet weather
• Oil spills create treacherous surfaces

Small road defects that cars can handle easily might prove deadly for motorcyclists. Riders often must make quick moves to dodge construction zones, poorly kept roads, and roadway debris, which sometimes forces them into oncoming traffic.

Weather-related crashes

Weather-related incidents make up 4% of motorcycle fatalities and accidents in Tennessee, even though many riders avoid bad weather. The state’s climate creates several challenges:

Heavy rain cuts visibility and makes roads slick. Raindrops sting riders’ eyes and collect on gear, making it hard to see clearly. Strong winds pose another serious risk – they can push steady riders off course and into dangerous situations.

Wet roads cause the highest number of weather-related motorcycle crashes. Quick temperature shifts can fog up protective gear, which makes spotting obstacles or other vehicles almost impossible. Nashville’s winters might be mild, but even a little ice or snow creates extremely dangerous conditions for motorcyclists.

Tennessee Department of Transportation data shows most motorcycle accidents happen in normal weather, but rain ranks as the second highest risk. This often results from riders getting caught in sudden weather changes during their trips.

How Insurance Companies Determine Fault

Insurance companies start a detailed investigation right after a motorcycle crash to figure out who’s responsible. You need to understand this process to protect yourself and build a strong case for compensation.

Original accident investigation

Insurance companies must start their investigation within 15 days after you file a claim. Their main goal isn’t helping you – they want to pay as little as possible and protect their profits. Their adjusters reach out to victims soon after accidents. They act helpful while collecting information that could hurt your claim.

These adjusters use several tricks to reduce what they pay, so you should be careful when talking to them. They often:

• Challenge how badly you’re hurt
• Hint that you share some blame
• Ask for medical records you don’t need to share
• Bring up old health issues
• Look closely at what you did before the crash

Evidence evaluation process in a Nashville Motorcycle Accident

Insurance companies look at many types of evidence during their investigation. They usually want:

• Your recorded statement about the whole ordeal
• Phone records
• Vehicle GPS information
• Pictures and video footage
• Background information
• Medical records
• Social media activity

Adjusters pay close attention to police reports. These documents have important details about the crash scene, what witnesses saw, and who might be at fault. They check the damaged vehicles too, looking for previous issues that could have led to the accident.

Simple cases get a full review too. Insurance companies need to make money, so every payment affects their profits. Their investigators search for anything that could weaken your claim. Social media posts about your activities, location updates, or comments about the accident could work against you.

To protect yourself, you should:

1. Never give recorded statements without your lawyer present
2. Keep quiet about the accident
3. Tell the truth when answering questions
4. Don’t admit any fault
5. Save records of all accident-related costs

Insurance companies might try to blame you. They interrupt your statement with tricky questions or push you to agree with their story. They ask if you felt tired, got distracted, or missed something important. Their goal is to make you seem partly responsible.

A Nashville motorcycle accident lawyer knows how to direct you through these complex investigations. They protect your rights and understand insurance company tactics. Your lawyer stops adjusters from twisting your words or using them against you.

Gathering Evidence After a Motorcycle Crash

Your motorcycle accident case needs strong evidence right after the crash. My experience as a Nashville motorcycle accident lawyer shows that good documentation will substantially affect your claim’s outcome.

Photos and videos

Visual evidence is a great way to get proof for your case facts. Take multiple photos with your smartphone to show:

• Vehicle positions and damage patterns
• Skid marks and debris on the road
• Traffic signs and signals
• Weather and road conditions

Of course, you might not be able to take photos if you’re injured. Ask someone you trust to document the scene. You need to act fast – road conditions change, skid marks fade, and important details can vanish within hours.

Get Witness statements if you are in a Nashville Motorcycle accident

Eyewitness accounts often fill in missing details in motorcycle accident cases. People watching usually notice things that riders and drivers miss during the whole ordeal. Get contact details from:

• Pedestrians who saw the crash
• Nearby drivers who witnessed it
• Store owners or employees with security footage
• First responders at the scene

It’s worth mentioning that you should collect statements quickly. People’s memories fade fast. Recent accounts give more accurate details that help your case.

Police reports

The official crash report is the life-blood of your motorcycle accident claim. These reports include:

• Detailed accident diagrams
• Initial statements from everyone involved
• Officer’s first assessment of fault
• Citations issued at the scene
• Environmental factors and road conditions

Police reports can’t be used as direct evidence in court, but they help during settlement talks. Insurance companies depend on these documents to evaluate claims.

Medical records

Medical documentation is the foundation of your injury claim. Your medical records should show:

• Emergency room reports
• Diagnostic test results
• Treatment plans
• Physical therapy progress notes
• Prescription records

Good medical records prove the link between the accident and your injuries. Insurance adjusters and legal teams inspect these documents when they evaluate claims.

Request copies of all medical records as your treatment continues. Don’t wait until later. This helps track all important details. A pain journal showing how injuries disrupt your daily life will make your case stronger.

Understanding Tennessee Fault Laws

Tennessee’s laws shape how motorcycle accident victims receive compensation. My experience as a Nashville motorcycle accident lawyer shows that knowing these laws can change the outcome of your case.

Modified comparative negligence

Tennessee uses a modified comparative negligence system that shapes motorcycle accident claims. Riders can seek compensation if they’re less than 50% responsible for the crash. This system will give a fair distribution of damages based on each party’s fault level.

To cite an instance, a jury might award $100,000 but find you 25% at fault, which means you’ll get $75,000. All the same, your right to compensation ends if your fault reaches 50%.

The system relies on these key principles:

• A judge or jury decides each party’s percentage of fault
• Your compensation drops by your assigned fault percentage
• Your responsibility must stay under 50% to receive compensation
• Insurance adjusters use this rule during settlement talks

Picture this ground scenario: You ride without using turn signals and a distracted driver rear-ends you. Both parties share blame. The court might find you 30% at fault and the driver 70% responsible. You’d still get compensation, reduced by 30%.

Multiple party liability

Tennessee law has specific rules about distributing fault when several vehicles cause a motorcycle crash. Each defendant pays only their share of responsibility. This approach will give a fair outcome while holding everyone accountable.

The process follows these vital steps:

1. The jury examines evidence from everyone involved
2. Each participant gets assigned fault percentages
3. Percentages must add up to 100%
4. Each defendant covers their share

Tennessee law lets defendants add third parties to lawsuits through Tenn. Code Ann. 20-1-119. This rule makes sure all responsible parties answer for their actions.

Complex cases happen often. A passenger in a vehicle might have a driver with 60% fault while another driver has 40% responsibility. The passenger could receive money from both parties based on their fault levels. If one defendant can’t pay their share, you might collect from other defendants or through uninsured/underinsured motorist coverage.

Insurance companies try to increase your fault percentage to pay less. They use tactics like:

• Recording statements that might raise your fault percentage
• Fighting traffic law violation claims
• Questioning right-of-way interpretations
• Using gaps in evidence to their benefit

Steps to Protect Your Rights After a Nashville Motorcycle Accident

Quick action after a motorcycle crash will affect your chances of getting fair compensation. My experience as a Nashville motorcycle accident lawyer shows how these first steps shape case outcomes.

Immediate actions to take

Your safety comes first – move to a safe spot if you can. Call 911 so police and emergency medical services can arrive quickly. Medical records are vital proof of your injuries and will strengthen your case, even if symptoms seem minor at first.

You should exchange contact and insurance information with others involved in the crash. Create a full picture of the scene by:

• Taking photos of vehicle damage, road conditions, and visible injuries
• Getting witness contact details and statements
• Writing down the police report number
• Keeping track of all medical expenses and treatments

Getting medical help right away is essential, whatever your injuries might seem like. Some injuries don’t show symptoms for days or weeks, and early medical care gives you vital proof for your claim.

Common mistakes to avoid

You need to protect your rights by avoiding mistakes that could hurt your case. A big problem is talking to insurance adjusters without a lawyer. Insurance companies want to pay less and often use your recorded statements against you.

Here are other key mistakes to avoid:

1. Agreeing not to report the accident: Small issues now can become major health or money problems later
2. Discussing fault or specifics: Don’t guess about distances, speed, or anything that could determine fault
3. Delaying medical treatment: Waiting to get care makes your case weaker and recovery harder
4. Posting on social media: Insurance companies watch social platforms to challenge claims

Without doubt, trying to handle insurance claims by yourself can really damage your case. Insurance adjusters might push you to make statements or take quick settlements that are worth less than your claim. Let your lawyer handle all insurance company talks to protect your interests.

Note that keeping detailed records of accident costs, including medical bills, lost wages, and property damage is crucial. These documents show how your injuries affected you financially and make your compensation claim stronger.

Following your doctor’s instructions exactly is vital. Missing appointments or not following treatment plans gives insurance companies reasons to doubt how badly you’re hurt. Going back to hard physical activities too soon can also weaken your claim.

Avoiding these mistakes and taking the right steps quickly will help you build the strongest possible case. Working with an experienced Nashville motorcycle accident lawyer like Timothy L. Miles will protect your rights throughout the claims process.

Conclusion

Motorcycle accidents can change lives forever. Riders can safeguard their rights with proper preparation and the right legal support. My legal practice in Nashville shows that winning cases share key elements – solid evidence, quick medical care, and smart dealings with insurance companies.

The modified comparative negligence system in Tennessee lets riders claim compensation when they’re less than 50% at fault. A strong case needs a full picture of common crash causes and an understanding of how insurance companies try to reduce payouts.

Note that every choice you make right after a crash affects your chances to recover damages. Your position becomes stronger during settlement talks when you have proper documentation – from crash scene photos to medical records. You should also avoid talking to insurance adjusters without a lawyer by your side.

My experience with motorcycle crash cases teaches that timing and precision make the difference. Insurance companies can be tough to handle alone. A skilled motorcycle accident lawyer can help you get the fair compensation you deserve for your injuries.

FAQs

Q1. What is the average settlement amount for motorcycle accidents? Motorcycle accident settlements typically range from $10,000 to $100,000, depending on the severity of injuries, property damage, and other factors. However, each case is unique, and settlement amounts can vary significantly based on the specific circumstances.

Q2. Is it necessary to hire an attorney after a motorcycle accident? While not always required, hiring an experienced motorcycle accident attorney is highly recommended, especially for cases involving serious injuries, significant property damage, or disputes over fault. An attorney can help protect your rights, navigate complex legal processes, and maximize your potential compensation.

Q3. What are some common mistakes to avoid after a motorcycle crash? Key mistakes to avoid include agreeing not to report the accident, discussing fault with others, delaying medical treatment, and handling insurance claims without legal representation. It’s also important to refrain from posting about the accident on social media, as this information could be used against you.

Q4. How does Tennessee’s fault system affect motorcycle accident claims? Tennessee follows a modified comparative negligence system, which allows injured riders to seek compensation if they are less than 50% at fault for the accident. Your compensation may be reduced by your percentage of fault, and you cannot recover damages if you are 50% or more responsible for the crash.

Q5. What evidence is crucial for building a strong motorcycle accident case? Essential evidence includes photos and videos of the accident scene, witness statements, police reports, and comprehensive medical records. It’s also important to keep detailed documentation of all accident-related expenses, including medical bills, lost wages, and property damage costs.