The aftermath of a motorcycle wreck can be overwhelming to deal with. When you’re ready to bring the at-fault party to justice, consult with a Nashville motorcycle injury lawyer who can help you secure the compensation you deserve.
Motorcycle crashes are known for causing catastrophic injuries and even fatalities to bikers. Your injuries may be so severe that you’ll need to take time off of work to recuperate from your injuries. The inability to earn an income can put you and your family in financial crisis, which is why it is of utmost importance to call an experienced Nashville motorcycle accident lawyer.
When you work with the attorneys at Raybin & Weissman, P.C., you’ll have peace of mind knowing that a team of highly trained professionals is working diligently to build a compelling case against those who are liable for your damages. We will work hard to achieve full repayment for all you’ve been through after your motorcycle accident.
Read more about our Nashville motorcycle injury lawyer: David Weissman. He has the experience to help you.
Who Is at Fault for Your Damages?
In most bike wrecks, the person who hit you will be found liable for your damages. This is typically due to unsafe driving behaviors, such as driving under the influence of drugs or alcohol, aggressive driving, driving while fatigued, and distracted driving, to name a few.
But the other involved driver isn’t the only party who may have played a part in the cause of your injuries. For example, the Tennessee Department of Transportation could be at fault if the roads themselves caused your motorcycle crash, or the automakers and parts manufacturers could be responsible if any of the involved vehicles had a faulty or malfunctioning part.
After completing a thorough investigation of the accident, your Nashville motorcycle accident attorney will have a better idea of who should be held accountable for your damages and name any and all entities who contributed to your damages as defendants in your motorcycle accident claim.
Dealing with Insurers after Your Motorcycle Accident
It may come as a surprise to learn that the insurance company is likely not going to be willing to simply hand you the funds that your damages are worth. In fact, you should expect them to do everything possible to withhold as much compensation as possible. This is because the insurance company loses money every time they need to settle a claim, which is clearly not to their benefit.
Many insurance adjusters are trained to accomplish this goal. For this reason, we strongly recommend leaving all communications with the insurance company to your motorcycle accident lawyer. The last thing you need is to make a statement to the insurer and then have them manipulate your words to make you seem more liable for the accident than you are.
Furthermore, if the insurer happens to offer you a settlement, it would be well-advised to review this offer with your motorcycle accident lawyer before you accept. If your offer was made in haste, it is quite plausible that the insurance adjuster realizes how much your settlement is actually valued at, and the offer they’ve made is sure to be far less than what you’re owed.
By allowing your motorcycle accident lawyer to deal with the insurance company, you’ll be able to focus on recovering from your injuries without having to worry about being taken advantage of by a greedy insurer.
Getting the Most Out of Your Motorcycle Accident Claim
Possibly the most important part of your civil claim is ensuring that each loss you’ve suffered is accounted for when your motorcycle accident lawyer is calculating the value of your damages. Although the amount that injury victims will be able to obtain will vary, the kinds of losses that survivors endure are often the same. These losses may consist of:
- Medical expenses
- Loss of enjoyment of life
- Pain and suffering
- Lost wages
- Damage to your earning capacity
- Scarring and/or disfigurement
- Loss of companionship and love
- Emotional distress
- Inconvenience
- Loss of household services
The nature of many motorcycle collisions may also open up the door for an award of punitive damages. The judge presiding over your case can impose such an award when the actions of the defense are found to be abhorrent or with the intention of causing harm to another.
Punitive damages will dramatically increase the amount of your final award, but their ultimate purpose is simply to send a message that such egregious actions are not going to be tolerated now or in the future.
Motorcycle Accident FAQ
No one is ever ready to be injured in a motorcycle wreck, and when it happens to you, you’ll likely have many questions about what you should expect as you move forward with your civil lawsuit.
Below, we have addressed some of the most commonly asked personal injury questions we receive about motorcycle accidents. As always, if you have questions that haven’t been answered in this article, you can reach out to our office to schedule your free consultation with a motorcycle injury attorney in Nashville today.
Will I still have a case if I wasn’t wearing a helmet?
Yes, you will still be able to seek compensation from the at-fault party. However, due to the fact that TN law requires all motorcyclists and their passengers to wear helmets while the bike is being ridden, your award may be reduced as per the modified comparative negligence law.
A good example would be if you were awarded $100,000 and were found to be 5 percent at fault for the cause of the accident; in this situation, you could expect your award to reflect a 5 percent reduction, and your case would be resolved at a settlement of $95,000.
Do I need to settle my claim in court?
We may be able to settle your case outside of court by negotiating with the insurance company. However, in the event that the insurer is not willing to settle your claim for an amount that’s fair and reasonable, we will have no choice but to bring your case to court in Nashville. It may seem intimidating to be headed to court while you’re still in recovery, but we will only do so if it’s in your best interest.
What if my passenger is responsible for my injuries?
This is a difficult situation to be in, and you are still entitled to compensation despite the fact that you likely have a close relationship with the passenger on your bike. You can rest a little bit easier knowing that your motorcycle accident lawyer will handle your case with the utmost care so you can retain the relationship you have with your passenger to the best of your ability while your case remains unresolved.
How long do I have to file my claim?
The length of time you have to file your lawsuit is known as the statute of limitations. In Tennessee, the statute of limitations begins from the date of your bike accident, or from the date of your official medical diagnosis, and will run for just one year.
Once 365 days have passed, the statute of limitations will expire and you will no longer have the privilege of having your case heard in court. Although one year may seem like plenty of time to pursue your claim, between recuperating from your injuries and regaining control of your life, the time will pass faster than you realize, which is why you should have an experienced attorney working on your claim.
Do I need to speak to the insurance adjuster?
We do not advise our clients to make a statement of any kind to the insurance adjuster. Although insurers may seem friendly and as if they are looking out for you, the fact is that their company is losing money by paying out on your claim.
The insurer will look for any reason they can to reduce your settlement offer, and giving them a statement creates a possibility of the insurance adjuster using your own words against you, no matter how well-intended they may have been. Your attorney can provide the insurance company with your official, carefully worded statement so your award isn’t at risk.
What happens if the insurer makes me an offer?
If you’ve been issued a settlement offer by the insurance company, you have to decide whether or not you want to accept it. You should always have your lawyer review the details of your settlement to ensure that you don’t accept less than you deserve. However, you do have the right to decide how you want to proceed if you’ve been offered a settlement.
Take Advantage of Your Complimentary Consultation
When you decide to pursue a civil claim against the at-fault party in your wreck, get in touch with a qualified Nashville motorcycle accident lawyer at Raybin & Weissman, P.C. You can even schedule your free claim evaluation today by calling our office at 615-256-6666 or by filling out the convenient contact form at the bottom of this page.
We're Ready to Help You
Start your free, no-risk consultation today.