Riding a motorcycle has always had certain risks. When on one of these vehicles, you do not have a steel frame to protect you if there is an accident. Additionally, other drivers may not see you because of the small size of your vehicle. When riding a motorcycle, you are also more susceptible to defects in the road surface that can cause you to crash your bike.
You love to ride, so you have accepted these risks, even if you might also have tried to minimize the dangers by driving defensively, putting on a helmet, and wearing protective clothing to prevent road rash. However, with so many cars out there and modern-day distractions keeping people’s eyes off the road, the risks have never been greater.
After suffering an injury, you need a Memphis personal injury lawyer to fight for your right to recover fair compensation from the at-fault party.
Fighting for Every Dollar You Deserve After a Motorcycle Crash in Tennessee
There are more motorcycles on the roads than ever. Sadly, many motorcycle riders are at risk of being severely injured by crashes with cars, trucks, and other motor vehicles. The risk of injury is increased for motorcycle riders because they do not have much protection from impacts, especially when moving at high speeds.
Due to the limited protection that motorcycles offer riders, more than half of motorcycle collisions lead to devastating injuries, sometimes causing death. If you or your loved one were injured by a negligent driver who crashed into your motorcycle or caused you to crash, you should not be liable for the costs of managing your injuries.
Reach out to a motorcycle crash lawyer in Memphis to learn how much compensation you are due.
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Steps a Memphis Motorcycle Accident Attorney Will Take on Your Behalf
When you hire a Memphis motorcycle accident attorney, they will take the necessary steps to ensure that your rights are protected and that you receive the maximum compensation you deserve. Your lawyer will begin by gathering evidence related to your case, including police reports, witness statements, medical records, and any other relevant information.
They will also review any applicable insurance policies and investigate the circumstances of the accident to determine who was at fault. Your lawyer will then evaluate the damages you have sustained to determine the full value of your claim. They will then begin negotiations with the insurance company on your behalf to reach a settlement that is fair and just.
If a fair settlement cannot be reached, they will file a lawsuit against the at-fault driver in court and represent you throughout the litigation process, including arguing your case in court, if necessary. Your attorney will also help you understand your legal rights and provide advice on how best to proceed with your case.
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Obtaining the Money You Deserve
Even if they are wearing a helmet and protective clothing, motorcyclists are extremely vulnerable to catastrophic injuries, including brain damage, spinal cord injuries (paralysis), and severe fractures. Many are left permanently disabled by their accidents, and some never make it out of a coma.
Our Memphis motorcycle accident lawyers understand that these cases are different, and we work closely with medical specialists, accountants, life care planners, and other experts to make sure that we seek appropriate compensation for our clients. We can recover compensation from the at-fault party for both economic and non-economic damages.
Economic damages cover any monetary losses that resulted from your accident. Some of the most commonly claimed economic damages include:
- Missed wages while you were unable to work
- Lost earning ability
- Hospital bills and medical treatments for your injuries
- Future medical expenses
- Physical therapy
- Property damage
Non-economic damages cover all the other losses you sustained because of your accident. Some of the most commonly claimed non-economic damages include:
- Pain and suffering from your accident and injury
- Loss of quality and enjoyment of life
- Mental anguish
- Emotional distress
- Permanent disability
- Scarring and disfigurement
In addition to the compensatory damages reviewed above, some cases may also be eligible for punitive damages. An experienced motorcycle accident lawyer in Memphis, TN, can help you determine which damages apply. To put our experience and resources to work for you, all you need to do is call and ask to schedule a free consultation.
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The Statute of Limitations for Filing a Motorcycle Accident Lawsuit in Memphis
In Tennessee, the statute of limitations for filing a personal injury lawsuit is one year from the date of the accident. This restriction is one of the most strict of any state in the country. Under this regulation, you must file your lawsuit within one year of the date of the accident, or else you may be barred from recovering any compensation.
It is essential to note that this time limit applies to all types of personal injury claims, including those involving motorcycle accidents. Therefore, it is critical to contact a Memphis motorcycle accident lawyer as soon as possible after your accident in order to ensure that you are able to file your claim within the statute of limitations.
You should also note that there are various exceptions to the statute of limitations which could apply to your case. Depending on the particular details of your accident, an exception could either increase or decrease the amount of time you have to file. An experienced motorcycle accident attorney can help you determine the specific deadline for your case.
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Do Not Talk to the Insurance Company
An insurance company representative may have already approached you about the accident. If not, do not be surprised to hear from one soon. Remember that no matter how friendly, helpful, or sincere they sound, the insurance company’s goal is to pay you as little as possible.
Insurance adjusters often twist the evidence in order to minimize your insurance claim. They may also pressure you or your family into accepting an undervalued settlement before the full extent of your injuries is known. It is important to avoid speaking with a representative from the other party’s insurance company as much as possible.
Instead, let an experienced Memphis motorcycle accident lawyer speak to the insurance company on your behalf. Doing so will protect you from the predatory practices these companies commonly employ.
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Causes of Motorcycle Accident Claims
Motorcycle accidents can occur for many different reasons, but it usually boils down to driver negligence. These are some common sources of motorcycle accident claims:
- Negligent car or truck drivers
- Defective motorcycle design
Negligent Car or Truck Drivers
Using public roadways requires a legal duty of care to not cause harm to other road users. Still, many drivers ignore their obligations and make negligent decisions while driving or before getting behind the wheel. This negligence can lead them to crash into another driver, such as a motorcyclist.
Negligence takes many forms. For example, a driver may be looking at their phone to send a text message instead of paying attention to the road. Because motorcycle riders are harder to see than people operating larger vehicles, they are at a higher risk of not being seen by a distracted driver.
In this way, driver negligence frequently results in drivers being unable to properly observe motorcycle riders. If they do not see that a rider is near them, they will act as if they are not there. This inevitably leads to many preventable collisions. Unfortunately, the risk of catastrophic injury or fatality is much higher in motorcycle accidents than in other car crashes.
When an accident occurs, anyone involved should stop operating their vehicle immediately to ensure that no further injuries occur. Beyond avoiding injury, involved drivers also have a legal obligation to stop and wait for the police to come to assess the scene of the accident.
Unfortunately, many drivers think they can avoid consequences by riding off immediately after a crash. Thanks to modern technology, like CCTV and other cameras, hit-and-run accidents are often documented in video that shows the crime occurring.
Using this evidence, victims of motorcycle hit-and-run accidents can track down the offender and pursue civil and criminal charges against them. In many cases, hit-and-run accidents also lead to punitive damages, which are awarded in addition to any compensatory damages.
Defective Motorcycle Design
In some cases, motorcycle accidents are not caused by other drivers. Instead, they are rooted in a defect found in the motorcycle or one of its parts. When this type of accident occurs, the burden of proof is on the plaintiff to show that the motorcycle has a defect that caused the accident.
Attempting to show that a defect led to your accident can be a burdensome effort, especially without legal experience and expertise. To show that a defective motorcycle caused your injury, you will almost always need a Memphis motorcycle accident attorney.
Motorcycle Accident Injuries
As stated previously, motorcycle accidents are usually very severe, resulting in catastrophic injuries. The types of injuries that can occur vary, but these are some of the most common injuries that motorcycle accidents cause:
- Broken bones
- Spinal cord injuries
The force of an impact with a car or truck can be enough to break your bones. If the force alone does not result in a break, falling from your motorcycle and colliding with the concrete can also cause fractures and breaks in your bones.
Recovery from a broken bone takes time and significant medical care. Therefore, people who were knocked off their motorcycle and injured deserve to have a motorcycle accident attorney in Memphis, TN, help them fight for compensation.
Spinal Cord Injuries
When a motorcycle rider is thrown from their bike and collides with an unforgiving surface, like an asphalt roadway, their back can easily be contorted in an unnatural way, leading to the severing of spinal tendons, nerves, and vertebrae.
Such injuries can easily lead to life-altering conditions, such as paralysis or other severe disability. If you suffered spinal injuries, your chances of recovering massive compensation are very high with the right legal representation.
If you are hit by another vehicle, your motorcycle could be immobilized, leaving you vulnerable to additional impacts. The circumstances of such accidents are often graphic, with body parts being crushed or fully dismembered.
When an accident caused by another party results in disfigurement, the potential to claim catastrophic injury damages increases significantly. This means your case could be worth hundreds of thousands, if not millions of dollars.
Help for Motorcycle Accident Victims Throughout the Memphis Tri-State Area
Since 1970, the personal injury attorneys at Gatti, Keltner, Bienvenu & Montesi, PLC have been standing up to protect the rights of motorcycle accident victims and getting those victims the financial compensation they deserve for their injuries and other losses.
Torn ACL and Pelvic Fracture Victim
In a disputed case of liability, our firm represented a 38-year-old male who was operating a motorcycle when the defendant allegedly failed to yield to oncoming traffic and turned directly into the path of our client.
Our client sustained severe injuries, including a torn ACL and a right pelvic fracture. Since the defendant had no assets and was “judgment proof” except for liability insurance proceeds, the case was settled for policy limits of $80,000.
Loss of Hearing, Scarring, & Partial Loss of Smell
The firm represented a 51-year-old female who was involved in a motorcycle accident while riding as a passenger. She suffered temporary loss of hearing in one ear, scarring in the temple area and neck, and partial loss of smell.
The firm was able to resolve her case for $700,000. The client incurred medical expenses totaling approximately $150,000, and the firm was able to secure a very substantial reduction in her medical bills.
Reach Out to a Memphis Motorcycle Accident Lawyer Today
Whether you come to see us in Memphis or we travel to meet with you in your home or at the hospital, the consultation is free, no strings attached. Our phones are answered 24 hours a day. Alternatively, you can contact us online at any time. Our law firm also has an office in Olive Branch, Mississippi.
We handle motorcycle accident cases on a contingency basis. Our motorcycle injury attorneys in Memphis do not charge any legal fees unless we obtain a settlement or verdict on your behalf.