Tennessee Motorcycle Accident Basics

For motorcycle enthusiasts, few things compare to the thrill of the open road.  Motorcycle riding has become a favorite American pastime, growing drastically in popularity in just the last few years.  In 2012, there were approximately nine million registered motorcycles in the U.S., up from seven million in 2007.  Tennessee alone has over 160,000 registered motorcycles, making it the 20^th most popular state for the sport, right behind Colorado.

Sadly, along with the rise in the popularity of the motorcycle, the number of accidents involving motorcycles has also drastically risen.  Between 2001 and 2008, motorcycle death rates increased 55%.  The number of deaths on motorcycles is 30 times the number of deaths in automobiles. In 2010, 4,300 motorcyclists died in crashes.  In Tennessee, approximately 3,000 motorcycle crashes occur each year, and about 140 people are killed.

Below is summary of motorcycle accidents facts and laws which every motorcyclist in Tennessee should be aware of:

Your Responsibilities as a Tennessee Motorcyclist

Currently, under Tennessee law, every motorcyclist and passenger is required to wear an approved helmet.  Tennessee law additionally mandates motorcyclists wear goggles if their motorcycle does not have a windshield.

Recently, a proposal to relax the state’s motorcycle helmet law passed a Senate panel, despite opposition from the governor.  The law would required riders carry an additional $25,000 in medical coverage, have a two year minimum motorcycle license, take a motorcycle riding course, and be at least 25 years old.  There is much opposition to the proposal, which would cause Tennessee to join the ranks of 31 other states which allow persons to ride without a helmet.

Under the law as it stands today, failure to wear a helmet or goggles will be considered negligence per se.  Your failure to wear a helmet or goggles does not automatically mean you were the cause of the accident; rather, you must prove the other driver was negligent in operating his or her vehicle.  Often, your failure to wear a helmet can impact your recovery because the argument will be made that your failure to comply with the law increased your injuries.

Common Causes of Motorcycle Accidents in Tennessee

Most motorcycle accidents in Tennessee and nationwide stem from the motorcyclist’s lack of visibility.  Below is a list of common causes for motorcycle accidents:

• Failure to yield
• Speed
• Poor driving conditions
• Head on collisions
• Lane splitting
• Alcohol or drug use

Statistics show that in most accidents involving a motorcycle and an automobile, the automobile driver was at fault.  This makes it imperative that you consult with a knowledgeable Tennessee motorcycle accident attorney following your crash, as you may have the right to a full recovery.

Your Right to Recovery Following a Motorcycle Accident in Tennessee

If you have been injured in a motorcycle accident in Tennessee, or lost a loved one to such a tragic accident, you may have the right to recover.  Tennessee follows a modified comparative fault scheme, meaning that if you were less than 50% at fault, you will not be precluded from recovering.  Your recovery will be reduced by the amount you are deemed to be at fault.

Damages stemming from an automobile accident can include: medical expenses, lost income, rehabilitative expenses, impaired quality of life, pain and suffering, and punitive damages, in some cases.  Additionally, survivors of a deceased motorcycle accident victim can bring a wrongful death suit to recover medical expenses, funeral expenses, loss of companionship, and mental anguish, among others.

Call the Motorcycle Accident Attorneys at Bailey & Greer

If you or a loved one has been injured in a motorcycle accident in Tennessee, the law office of Bailey & Greer, PLLC can help.  At Bailey & Greer, PLLC, we are more than just your typical motorcycle accident attorneys.  We are a team of Tennessee motorcycle accident attorneys with an unparalleled knowledge of the law and an unmatched passion for the field.  We will fight tirelessly to see that our clients are made whole again following a devastating accident.  Call us today at 901-680-9777 to speak to one of our skilled attorneys.