Failure to Yield Motorcycle Accidents
Author: David Weissman
Motorists who fail to yield right-of-way to motorcyclists contribute to thousands of motorcycle accidents each year. Given the lack of protection afforded by a motorcycle, motorcyclists are susceptible to sustaining severe injuries, permanently changing the course of their lives. Under Tennessee law, failure to yield resulting in serious bodily injury or death is a misdemeanor, potentially resulting in imprisonment, fines, and license revocation.
In this blog, our Tennessee motorcycle accident lawyers discuss the causes of motorists’ failure to yield and the forms of damages you may be entitled to receive as an injury victim.
Causes of Failure to Yield Accidents
Failure to yield can occur while changing lanes or merging due to any of the following causes:
Distracted Drivers
Each year, over 3,000 drivers die due to inattentiveness at the wheel. Distracted driving can involve either manual, visual, or cognitive distractions or any combination of the three. Distracted driving is not just harmful to the drivers themselves but is a leading cause of motorcyclist injuries and deaths. Given the fast reflexes and split-moment decision-making that must be made while driving, any activity that takes your attention away from the road puts everyone’s lives in danger.
Speeding
Traveling faster than the posted speed limit is never a wise decision. Speeding is a contributing factor in nearly one-third of motorcyclist fatalities. The drawbacks of speeding cannot be overstated, such as reducing a motorist’s reaction time, increasing stopping distances, and violating traffic regulations. Moreover, the impact of a crash can cause a motorcyclist to ride into the vehicle in front of them, causing the rider extensive injuries.
Unsafe Left Turns
Motorcyclists are not as easily spotted as other vehicles, causing drivers to not check twice before turning. Motorcyclists deserve to be on the road as much as motor vehicle operators. At best, a driver who fails to follow the rules of the road but does not cause an accident will receive a traffic citation and four points on their motor vehicle record.
Damages
A motorcycle accident can result in both economic and non-economic damages. Economic damages are those losses that take money out of your pocketbook, resulting in a pecuniary loss to the victim.
Common economic damages in a motorcycle accident claim may include:
- Lost wages
- Loss of future earnings
- Ambulatory services
- Medical imaging
- Prescription costs
- Physical therapy
Alternatively, noneconomic damages are any subjective losses that affect your physical, mental, or emotional health. In a motorcycle accident claim, these may include:
- Pain and suffering
- Mental anguish
- Infliction of emotional distress
- Loss of consortium
- Loss of companionship and society
- Paralysis
In Tennessee, non-economic damages have a statutory cap of $750,000. However, if you suffered catastrophic injuries, then the cap is raised to $1 million. (This would apply if you sustained paralysis, severe burns, or a traumatic amputation).
While placing a statutory cap on pain and suffering damages seems understandably unfair, experienced representation can increase the likelihood of receiving maximum compensation for your losses. At Raybin & Weissman, our Tennessee motorcycle accident lawyers will pursue the compensation we believe is warranted. We will not give up until we recover adequate compensation for your accident-related losses.
Injured While Riding? Contact Our Tennessee Motorcycle Accident Lawyers Today
If you or a loved one have been injured in a motorcycle collision, the attorneys at Raybin & Weissman are here to assist you in navigating the legal landscape. With over 45 years of helping the community, we pride ourselves on giving each client the personalized attention he or she deserves. To schedule your free consultation with one of our Tennessee motorcycle accident lawyers, contact us online or by phone today.