Category: Motorcycle Accidents

The victims of accidents in Tennessee must act relatively quickly to ensure that their claims will not be dismissed due to legal technicalities such as statutes of limitations. As explained by Cornell University Law School’s Legal Information Institute, statutes of limitations place limits on the amount of time a party has to initiate a lawsuit.  The laws establishing these time limits will vary by state and may also differ based on the type of claim.

Tennessee’s statute of limitations for personal injuries is described in the Tennessee Code, available through the Tennessee General Assembly website. In section 28 of the code, it states that those who wish to file a personal injury claim must do so within one year of the accident. This time limit is different for personal property compensation. If someone is trying to file a claim for damage to a vehicle or other form of personal property, the statute of limitations is three years.

It is important to note that certain exceptions may affect statutes of limitations. Minors, for instance, may be able to extend the time period in which they may legally file a personal injury case. This is because statutes of limitation do not usually start to run until the injured person is 18 years old. This is illustrated in the following example:

A 14-year-old is in a car crash caused by a drunk driver. The crash occurs in January 2015. The victim turns 18 in March 2019. According to Tennessee law, this victim has until March of 2020 to file a personal injury lawsuit against that negligent driver.

Statutes of limitations are technical matters, but they are very important. As such, those who wish to file civil cases may find it beneficial to familiarize themselves with these laws. 

As the weather warms up, Tennessee motorcyclists might choose to ride their motorcycles more often. However, as motorcycle use increases, Tennessee doctors also see a rise in serious motorcycle accidents and injuries. This is not unusual; medical staff at the Vanderbilt University Medical Center in Nashville report that warm weather typically results in a 50 percent increase in patients with major injuries, including motorcycle injuries.

With the number of injured motorcyclists already high, VUMC’s trauma surgeons reported that they were concerned over potential changes to the state’s helmet laws. The law changes would make wearing helmets optional for all riders who are over the age of 21. In states that have already made changes to their helmet laws, such as neighboring Kentucky, the rate of motorcycle fatalities has risen. In Kentucky, the fatality rate rose by more than 50 percent, with 53 of the 79 motorcyclists killed in 2013 not wearing helmets. In 2010, the National Highway Traffic Safety Administration reported that Tennessee’s helmet laws saved the lives of 46 people.

One of the VUMC doctors also mentioned that helmet laws reduce the cost of medical care for taxpayers by reducing the risk of life-changing injuries. Additionally, the NHTSA estimated that helmet laws reduce the risk of death by approximately 37 percent and reduce the risk of brain trauma by about 65 percent. This potentially saves tax payers about $3 billion every year.

Often, a motorist may not see a motorcycle, or they may misjudge the distance when making a turn, causing a crash. An attorney could help an injured motorcyclist file a personal injury lawsuit against the other motorist if the plaintiff was following the state’s helmet laws and not driving recklessly or negligently. A successful claim can help a victim recover compensation for the motorcycle accident injuries and other damages they incurred.

Source: WBKO, “Vanderbilt Trauma Surgeons See Increase in Motorcycle Crashes with Springtime Weather,” Jennifer Wetzel, March 20, 2015

Many people enjoy riding on motorcycles as they feel a sense of freedom from the activity. Unfortunately, however, motorcyclists are at an increased risk of serious injury or death in the event they are involved in a collision. Motorcyclists simply have less protection in an accident than do people who are riding in other types of motor vehicles.

When a motorcycle crash occurs, cyclists have a 26 times greater likelihood of dying than people in cars. They are also five times likelier to be seriously injured. In two-thirds of motorcycle-vehicle collisions, the other motorist is at fault and violated the motorcyclist’s right-of-way.

Several factors can lead to the increased risk to cyclists. As they are simply smaller than other vehicles, they are likewise more difficult to see. Many motorists are involved in collisions with motorcyclists when the motorist turns left across a highway, failing to notice an oncoming motorcycle when doing so. Around 70 percent of these collisions occur at intersections. Motorcycles also have wobble in their front tires at higher speeds, making it more likely the cyclist will lose control. Road hazards, such as potholes and others that are easy for vehicles to deal with are difficult for cyclists, and some cyclists are simply inexperienced and unable to drive defensively.

Motorcycle accident are often catastrophic, resulting either in death or lifelong disability. People who are seriously injured by negligent motorists in a motorcycle crash are often left with a stack of bills and expenses while also being left unable to work. Victims may recover damages by holding the motorist civilly liable for his or her negligence. Through filing a personal injury civil lawsuit against the driver, victims may recover compensation for the losses they have sustained, and a personal injury attorney may be able to help.

Tennessee motorcyclists may be aware of their vulnerability on the road, but vehicle-to-vehicle communications (V2V) that are currently being developed and tested in light vehicles could reduce the risks for motorcyclists as well. The most common motorcycle accidents are those in which another motorist doesn’t see the motorcycle in time to avoid an accident. V2V technology is designed to monitor driving conditions and provide drivers with warnings that allow time to adjust and avoid accidents.

Research by the Department of Transportation has demonstrated that most multi-vehicle accidents can be avoided with V2V technology as vehicles exchange data with each other. At the same time, concerns for privacy are addressed in that the technology does not identify vehicles. The technology is being tested in both controlled situations and on the roads, with a 2012 testing of almost 3,000 vehicles having provided an important perspective on how models from different manufacturers interact.

Some of the scenarios in which V2V is expected to make a dramatic difference include left turns across two lanes of traffic, potential head-on collisions related to passing on a two-lane highway and the approach of a vehicle on a collision course. A left turn is one of the most common motorcycle accident scenarios as well as one of the most serious with regard to injuries suffered by the motorcyclist. Although V2V testing may not involve motorcycles yet, the potential is encouraging to those who are concerned about their safety while riding.

Future technology and improvements may be great news to the motorcycling community, but an individual who is dealing with significant injuries after a motorcycle accident may need solutions for their situation now. If another motorist caused such an accident through negligent driving, personal injury litigation may be appropriate for seeking damages related to issues such as injuries, medical costs and lost work time.

Source: Ultimate Motorcycling, “Vehicle-to-Vehicle Communications for Motorcycles?,” Gary Ilminen, Jan. 6, 2015

Tennessee motorists may recognize the fact that a motorcyclist is particularly vulnerable in an accident. Statistics indicate that the risk of death in an accident is 30 times higher for a motorcyclist than for an individual who is in a car at the time of a wreck. Risks increase for older riders who tend to be more physically vulnerable because of issues associated with age. Slow reflexes and poor eyesight can increase the potential for an accident. An individual over the age of 60 is three times as likely to require hospitalization in case of a motorcycle accident.

To reduce the possibility of serious incidents and motorcycle accident injuries, a new rider should become familiar with important safety protocol and tips. From the time a purchase is considered, safety should be a top priority, and a new motorcyclist should avoid buying more than they can handle confidently. A bike should fit the rider, and controls and handlebars should be within easy reach. Antilock brakes are important for limiting the risk of locking up and losing control.

A helmet should be purchased as well. Failure to wear a helmet increases the risk of a fatal head injury in a wreck by approximately 40 percent. A rider should also invest in and use proper gear, making it a point to wear brighter colors for night riding. Defensive driving is also important. Additionally, bad weather increases the risk of an accident; a new rider should avoid riding in wet conditions or strong winds.

Even an experienced motorcyclist can be involved in an accident, and in cases involving distracted motorists or poor road conditions, personal injury litigation might be considered. Because a motorcyclist is more vulnerable in an accident, the injuries and recovery in an incident caused by negligent actions could be lengthy and costly.

Source: Consumer Reports, “10 motorcycle safety tips for new riders“, December 12, 2014

Most Tennessee motorcyclists know that there is an element of danger when driving a motorcycle along the state’s highways and country roads. For example, in 2012 alone, over 4,600 motorcyclists lost their lives while 93,000 suffered injuries across the nation.

Since 2003, the number of motorcyclists who were injured or killed has steadily risen. In fact, in 2012, 15 percent of all traffic fatalities were motorcyclists. In a large number of cases, 93 percent of motorcycle riders were killed whereas 7 percent of passengers died in crashes.

The majority of accidents involving motorcycles included at least one other vehicle. These crashes comprised 52 percent of all motorcycle accidents. Approximately 75 percent of these crashes occurred when the motorcyclist collided with a moving vehicle that was in front of them. In contrast, only about 7 percent of these wrecks involved another car rear-ending the motorcycle. Statistics from the National Highway Traffic Safety Administration also reveal that out of 953 motorcycle accidents, 41 percent of these crashes occurred when a passenger or a commercial vehicle attempted to make a left-hand turn in front of the motorcyclist.

An individual who is involved in a motorcycle wreck could suffer debilitating injuries, and he or she might require extensive and costly medical treatment in order to make a full recovery. If another person is found to be liable for the accident, the injured motorcyclist could potentially file a personal injury lawsuit, seeking compensation to recover the costs for the damages that were suffered in the crash such as pain and suffering as well as lost wages.

Source: US Department of Transportation , “Motorcycles“, December 02, 2014

Each year in Tennessee and in the United States, many motorcyclists are injured in motor vehicle accidents, sometimes fatally. While lack of helmet use can result in a higher likelihood of fatal injury, in 2012, 93 percent of the 139 motorcyclists killed in accidents in Tennessee were wearing helmets.

According to the National Highway Transportation and Safety Administration (NHTSA), the national statistics for 2012 were also grim. The year brought a total of 4,957 motorcyclist fatalities in accidents, a number that had increased by seven percent from the prior year. Additionally, 93,000 motorcyclists were injured as a result of collisions, a 15-percent increase from 2011.

Motorcycle fatalities represented 15 percent of all of those killed for the year in motor vehicle accidents. Even though motorcycles represented only .7 percent of all vehicle miles traveled for the year, they were over 26 times more likely to be killed in an accident than occupants in passenger motor vehicles per mile traveled. Of fatally injured motorcyclists, 52 percent died as a result of colliding with another moving motor vehicle while 7 percent of those were struck from the rear by another car.

Many times, motorcycle accidents are caused by inattentiveness of other drivers while turning left or passing on highways. When a motorcyclist is killed by the carelessness or negligence of another driver, the other driver may be civilly liable to pay the motorcyclist’s family damages. Depending on the individual facts of the case, families may be able to recover funeral expenses, lost income, loss of companionship and more. Families may wish to consult with a personal injury attorney who may be able to determine whether there is a case to recover such damages.

Source: NHTSA’s National Center for Statistics and Analysis, “Motorcycles“, October 11, 2014

Two people were killed and one person was injured in a crash on Sept. 29 on I-24 in La Vergne, according to authorities. The accident, occurring around 4:30 PM in the westbound lanes, happened when a Freightliner truck was unable to stop before it rear-ended a stalled 1994 Toyota Camry on the interstate, killing both the driver and passenger.

A 25-year-old motorcyclist riding on a Harley-Davidson motorcycle while traveling behind the semi-truck swerved in an effort to avoid the wreck. He suffered serious injuries when he was thrown from his motorcycle as a result. The truck’s 29-year-old driver escaped without injury. The Camry’s driver, a 23-year-old woman from Murfreesboro, was pronounced dead at the scene; her 22-year-old passenger died two days later due to his injuries while receiving treatment at Vanderbilt University Medical Center in Nashville.

As a result of the fatal multi-vehicle accident, the westbound lanes of I-24 were closed for five hours as the police conducted their on-site investigation and accident cleanup following the collision. No charges have been filed in the serious accident, and the investigation continues.

Serious car accidents can occur due to many things, encompassing driver negligence, carelessness, system failures and operating unsafe vehicles on the roads. People considering wrongful death lawsuits may benefit from consulting with a personal injury attorney who accepts vehicle accident cases. An attorney may be able to review the individual facts of each case in order to determine whether or not their client has a potentially viable claim. They might then be able to help recover damages and costs by filing a civil complaint, negotiating and advocating for their client.

Source: WSMV, “2 dead after crash on I-24 in La Vergne“, Stuart Ervin, October 02, 2014

On Sept. 13, a crash involving a 2005 Mercedes and a motorcycle in Rutherford County seriously injured two people. The incident occurred around 2:40 p.m. at Veterans Parkway and Barfield Road in Murfreesboro. According to the Tennessee Highway Patrol, the Mercedes failed to yield at the intersection and pulled in front of the bike.

A 38-year-old man and a 36-year-old woman on the 2012 Suzuki motorcycle were taken to Vanderbilt Medical Center via helicopter for treatment. Sources indicate that they both required surgery. However, the man succumbed to his injuries on Sept. 18. The woman’s condition was not reported.

The 21-year-old man behind the wheel of the Mercedes and his passenger did not suffer injuries in the wreck. He received a citation for failing to yield, and the THP says that no additional charges are expected to be filed in connection to the incident. Both individuals were reportedly wearing their seat belts at the time.

Motorcycles afford no protection against the sheer size of other vehicles on the road in the event of a motorcycle accident. Even when riders are wearing protective gear and helmets, the effects can still be catastrophic or even fatal.

When a family loses a loved one to an accident, they could be entitled to compensation. A personal injury lawyer could advise and assist family members with filing a wrongful death claim against the at-fault motorist. The financial losses the family suffered as a result of the victim’s death such as funeral and medical costs could be addressed through the claim.

Source: WGNS Radio, “UPDATE: Motorcycle accident this past Saturday sends husband and wife to Vanderbilt Medical Center“, September 18, 2014

A 28-year-old motorcyclist was seriously injured in a six-car crash that occurred in Tennessee on Sept. 4. The incident happened at around 5:26 p.m. on the northbound side of Alcoa Highway nearby McGhee Tyson Airport and Payne Avenue. The man was listed in serious condition at University of Tennessee Medical Center as of Sept. 6. Local reports claim that the chain-reaction crash was initiated by a 33-year-old driver in a GMC Acadia who braked abruptly when a Chevy Silverado riding ahead reached heavy traffic congestion.

A 26-year-old driver in a Toyota Rav4 reportedly rear-ended the GMC when it stopped suddenly. The impact of the collision subsequently caused the GMC to rear-end the Silverado. In turn, the 19-year-old man’s vehicle crashed into the back of a minivan. A Ford Explorer was then said to have struck the rear of the Toyota Rav4.

The motorcyclist was traveling too fast to avoid the accident and collided with the rear of the Ford Explorer. Police say the motorcyclist collided with the SUV’s rear window and gate. According to police, he suffered injuries that were not life-threatening. He was wearing a helmet that was in compliance with Department of Transportation standards. All of the drivers in the crash were reportedly wearing seat belts at the time and did not suffer any injuries. There were no passengers on board in any of the vehicles and no air bags were deployed.

People who suffer injuries in a motorcycle accident may be entitled to seek restitution to help account for economic and non-economic damages suffered in an incident. These victims may be due compensation for off-setting medical expenses, loss of income and repair costs resulting from the incident. In order to obtain restitution, plaintiffs may need to prove that the defendant’s negligence caused the injuries.

Source: The Daily Times, “Motorcyclist in serious condition after six-vehicle wreck on Alcoa Highway“, September 06, 2014