Motorcycle accidents are notorious for producing life-threatening and catastrophic injuries. If you have been involved in a motorcycle accident caused by someone else’s negligence, you might be able to make them compensate you for your damages. Although going to court may be the furthest thing from your mind, when you have a dedicated Collierville personal injury lawyer at Gatti, Keltner, Bienvenu & Montesi PLC on your side, you can rest easier.
It is normal to feel intimidated during these trying times. Remember, you are not going through this alone when a Collierville motorcycle accident lawyer at our firm is on your side.
If our team agrees to take on your case, you can focus on your healing journey while we work on bringing the culpable party to justice. Contact our office for a free consultation today. Learn more about what you expect next from your motorcycle accident claim.
Common Types of Motorcycle Accident Injuries and When to Sue
Motorcycle accident injuries are some of the most debilitating injuries our clients have endured. You may have concerns that your injuries are not devastating enough to warrant a personal injury lawsuit. However, as long as your injuries have substantially affected your life in some way, you should be compensated accordingly.
We have seen a wide variety of injuries over the years. Victims often find it difficult to cope with the impact their injuries have on their lives. Some examples of motorcycle accident injuries our clients have dealt with include:
- Hip injuries
- Road rash
- Neck injuries
- Back injuries
- Knee injuries
- Broken and fractured bones
- Elbow injuries
- Facial trauma
- Traumatic brain injuries
- Herniated discs
- Dental injuries
- Emotional injuries
Grounds for a Motorcycle Accident Claim
According to Tennessee personal injury laws under Tennessee Code §29-11-101, the elements of negligence must be met for any personal injury lawsuit to be successful. This means your attorney must present compelling evidence that convinces the jury that the defendant is likely at fault for the accident. The elements of negligence that will help prove liability include:
- Duty of care
- Breach of duty
Essentially, your motorcycle accident lawyer must show that the alleged liable party had an obligation to your safety or care and failed to uphold this obligation, thereby causing substantial injuries or damages that have affected you physically, psychologically, financially, emotionally, or in any other way.
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How Motorcycle Accidents in Collierville Occur
One of the most important reasons to hire a Collierville personal injury attorney to take on your case is to establish fault. One of the only ways motorcycle accident injury victims can recover compensation for the damages is by filing a personal injury or insurance claim. These claims can only be successful if they can figure out who is to blame for causing their injuries.
Motorcycle accidents can happen in a number of ways. We will analyze the type of motorcycle crash you were involved in to establish liability. Some of the more frequently seen causes of Collierville motorcycle accidents include:
- Negligent driving – Unsafe driving can include a number of different types of traffic violations, including distracted driving, impaired driving, aggressive driving, drunk driving, drug driving, drowsy driving, operating at unsafe speeds, tailgating, road rage, and more.
- Motorcycle or auto defects – Motorcycle and other motor vehicle parts are often found to have malfunctioned prior to causing collisions. Common motorcycle defects could include fuel brake issues, airbag inflator problems, tire issues, issues with the motorcycle’s frame, and handlebar defects, to name a few.
- Dangerous roads – When government agencies fail to make necessary road repairs, install street lamps, fix traffic lights, replace missing street signs, and otherwise ensure the roads are safe for all motorists, they can cause critical injuries.
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Culpability for Collierville Motorcycle Accidents
After your motorcycle accident lawyer in Collierville, TN, has determined what caused your motorcycle accident, we will be able to give you a better idea of who may be sued for your damages. The way in which your accident occurred will determine who could be responsible. For example, if your motorcycle accident was caused by negligent driving, the negligent motorist will often be held accountable for your damages.
In some cases, hazardous road conditions or defective auto parts may cause your accident. If this is the case, there may be multiple parties who could share culpability. Some of the more common parties named in motorcycle accident lawsuits involving dangerous roads or defective motorcycle parts include:
- Motorcycle parts designers and manufacturers
- Motorcycle dealerships
- The owner of the motorcycle
- Motorcycle maintenance technicians
- Motorcycle safety inspectors
- Government agencies and organizations
- Municipalities responsible for road safety
- Other third parties
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The Value of Your Collierville Motorcycle Accident Claim
After suffering catastrophic injuries in a motorcycle wreck, you have the right to be made whole. This means you should receive compensation for every single loss you experienced due to another party’s reckless or negligent actions. To ensure fair and total compensation, we will categorize your damages as being either general or special.
General damages describe losses that do not have a fixed financial value. They have nothing to do with money and everything to do with the way your life has been affected by the injuries you sustained and your emotional trauma. Some examples of recoverable non-economic or general damages include:
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Loss of love, companionship, spousal intimacy, and support
- Disfiguring and disabling injuries
- Embarrassing skin scars
- Reputational damages
More About Special Damages
Special damages are also commonly called economic damages. They describe every financial loss you experienced, whether these expenses have impacted your credit, remain unpaid, or were covered out of your own pocket. Some examples of special damages after a motorcycle accident could include:
- Loss of income
- Motorcycle repair costs
- The motorcycle’s diminished value
- Reduced earning capacity
- Healthcare expenses
- Future medical treatment
- The cost of purchasing a new motorcycle
- Increased insurance rates
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How Motorcycle Accident Insurance Negotiations Work in Collierville
Negotiating with the insurance company is one of the most common ways to recover compensation for your motorcycle accident damages. Unfortunately, no one said the insurance negotiation process was going to be easy. Remember, insurance companies make their money by bringing in money through insurance premiums and paying out as little as possible when people file claims.
However, this does not mean the insurance company is not obligated to cover your damages up to the limits of their policyholder’s policy. Tennessee is a fault state for auto insurance and accidents. When you are involved in a motorcycle accident, you will file a claim with the liable motorist’s auto insurance company, should one apply.
However, do not expect the insurance company to be willing to settle your claim fairly. Your motorcycle accident attorney in Collierville, TN, will fight to get you the compensation you deserve, but the insurer is more than likely going to take steps to avoid culpability wherever they can. Insurers will often delay processing a claimant’s application, claim that there is not sufficient insurance coverage, and even place unwarranted fault on the victim for the accident.
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What to Expect from Collierville Motorcycle Accident Insurance Settlements
Many motorcycle accident victims are shocked to learn that their insurance settlement is not going to cover their damages in full. Unfortunately, insurance settlements rarely cover a victim’s damages in their entirety. This is because insurance coverage only covers specific types of losses.
Insurance settlements are also limited by how much coverage the defendant has purchased. For example, if the liable party in your case only purchased $100,000 in bodily injury liability coverage, but your medical expenses were greater than $500,000, you could have an excess of $400,000 in medical expenses. The insurance company will not be required to cover this.
However, you could recoup these losses by filing a civil lawsuit against the liable party. Protect yourself from being taken advantage of. One of the best things you can do for your motorcycle accident case is to retain the help of an experienced attorney.
Motorcycle Accident Claim Deadlines
Are you ready to move forward with your motorcycle accident claim? If so, it is important that you get started on your case as soon as possible, as the statute of limitations has already begun under Tenn. Code Ann. §28-3-104. In fact, it generally will begin from the day of your motorcycle accident and expire one year later.
You might be thinking one year is plenty of time to move forward with your case. However, evidence in motorcycle accident claims is often time-sensitive. If we lose access to this evidence, it could have a negative impact on your ability to recover maximum compensation for your damages.
Do not let the statute of limitations adversely impact your ability to get the most out of your claim. You can work with a dedicated motorcycle accident attorney from the start and avoid the consequences of missing these deadlines. If your claim is not filed before time runs out, you could be barred from pursuing your case.
Contact a Collierville Motorcycle Accident Attorney for Help Today
Is the thought of pursuing your motorcycle accident insurance and civil claims daunting? With a dedicated legal advocate backing you up, you can feel more confident in your decision to bring the liable party to justice. Our personal injury firm is ready to fight for the compensation you are entitled to.
We work with you on contingency. We never charge attorneys fees unless or until we win for our clients. You will never have to put your own money on the line to advocate for your rights.
Are you ready to get started on your case? Reach out to an experienced Collierville motorcycle accident lawyer at Gatti, Keltner, Bienvenu & Montesi PLC. Schedule your no-cost, risk-free consultation by filling out our online contact form or calling our office today.