Motorcyclists are far more likely to endure debilitating injuries when involved in a collision. Since bikes are significantly smaller and lack an enclosure, victims’ lives are often on the line after a crash.
If this sounds like what you are going through, you are not alone. You can make the at-fault party pay with help from an experienced personal injury lawyer, at Gatti, Keltner, Bienvenu & Montesi. Contact our office for a free consultation today to further discuss the claims process and the value of your damages.
Common Causes of Arlington, TN Motorcycle Accidents
One of the first tasks your motorcycle accident attorney in Arlington, TN, at Gatti, Keltner, Bienvenu & Montesi will take on is determining how your motor vehicle accident occurred and who is responsible for compensating you for your damages. Here are some of the most common causes of motorcycle crashes and the parties who could share liability:
- Negligent driving – Negligent driving can include distractions, drowsy driving, aggressive driving, drunk driving, and other unsafe vehicle operations. When irresponsible drivers cause accidents, they could be held accountable, and dram shops that over-serve or sell alcohol to someone who causes a motorcycle accident can also be sued.
- Defective motor vehicle parts – Anyone involved in the chain of distribution of defective parts can be sued. Maintenance professionals, dealerships, safety inspectors, and other third parties can also share the blame.
- Hazardous road conditions – When hazardous road conditions cause motorcycle accidents, the government agencies responsible for keeping the roads safe could be sued. This might include the Tennessee Department of Transportation (TDOT), the city of Arlington, government-contracted road construction workers, and other government agencies.
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How Motorcycle Accident Claims Work
Your Arlington, TN, motorcycle accident attorney from GKBM is here to help you get through the motorcycle accident claims process. We understand how overwhelmed you must be feeling by the task at hand. However, when you work with the professional legal team at our firm, you do not need to worry about any of it.
We will handle every detail for you so you can devote your time and energy toward healing from your injuries. Here is a general idea of what you expect from your motorcycle accident insurance and civil claims:
Filing a Motorcycle Accident Insurance Claim
Tennessee follows fault laws for insurance claims. This means after a motorcycle accident, you will file a claim with the insurance company of the driver that hit you. However, insurance may not be enough to fully cover your damages.
In fact, liability for bodily injury and property damage covers only your motorcycle repair costs and medical expenses. Moreover, the insurance company is only obligated to pay you up to the limits of the policyholder’s policy.
For example, if the driver who hit your motorcycle purchased the state-required minimum of $15,000 in property damage liability coverage, but your bike was totaled, you may need more than this amount to replace your motorcycle.
You should also have your Arlington, TN motorcycle accident attorney negotiate with the insurance company on your behalf. This is so the insurance adjusters cannot take advantage of you and your inexperience in negotiating a claim. It is common for insurers to attempt to reduce settlements wherever they can since the insurance company will lose money in settling your claim.
Filing a Motorcycle Accident Lawsuit
Thankfully, even though there may be some restrictions and limitations with insurance claims, your motorcycle accident case can go to trial, where you can recover compensation for every loss. In court, you can seek compensation for economic and non-economic damages, which will allow you to begin rebuilding your life with the financial security you deserve.
However, you should know that Tennessee does have a cap on the amount victims can recover for non-economic damages. Under the law, you can only be awarded up to $750,000 for damages that do not have a fixed monetary value.
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How Long You Have to File Your Motorcycle Accident Claim
Your motorcycle accident lawyer needs to start working on your case as soon as possible after your crash. Unfortunately, the state places a strict deadline on how much time you have to file your motorcycle accident case. If your lawsuit is filed within one year of the accident, you may retain your chance to bring your case to court.
However, there may be instances where the statute of limitations could be tolled (delayed). This legal action could extend how long you have to file your claim. Get the clarity you need by having your motorcycle accident attorney in Arlington, TN start your lawsuit within hours or days after your collision.
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The Value of Your Motorcycle Accident Damages
Your Arlington, TN, motorcycle accident lawyer will carefully go over every way you have been affected by your bike crash and the injuries you sustained. We will categorize damages as special or general to ensure we account for every loss. You could also be awarded punitive damages in your motorcycle accident case.
Special Damages
Special damages are also called economic damages. They have monetary values that are easily proven and verifiable through financial documents and other records. Examples include:
- Medical expenses
- Loss of household services
- Lost wages and employee benefits
- Diminished earning capacity
- Cost of repairing or replacing your motorcycle
- The diminished value of your motorcycle
General Damages
General damages are also known as non-economic damages. They are subjective and need to be quantified to recover compensation accordingly. Examples of general damages could include:
- Pain and suffering
- Mental anguish
- Reduced quality of life
- Skin scarring and disfigurement
- Loss of consortium
Punitive Damages
Many motorcycle accident injury victims wonder whether they could recover compensation through punitive damages. You should never rely on punitive damages, as the court rarely awards them. However, if the court finds the defendant’s conduct egregious or grossly negligent, punitive damages may be necessary to punish the liable party beyond your compensatory damages.
Contact a Motorcycle Accident Attorney in Arlington, TN for Help Today
Are you ready to fight for justice and the compensation you deserve? Do not hesitate to contact a dedicated motorcycle accident lawyer in Arlington, TN, at Gatti, Keltner, Bienvenu & Montesi, to demand full repayment of your damages.
Complete our online contact form or call our office when you are ready to take charge of your recovery. Schedule your free, no-obligation consultation today to discover what is next for your motorcycle accident insurance and civil claims.
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