You can ride your motorcycle and expect a safe trip. It only takes one negligent driver to slam their car into you and your bike. At this point, hire a personal injury lawyer to hold the at-fault motorist responsible.
Gatti, Keltner, Bienvenu & Montesi has been helping injury victims collect settlements for more than 50 years. Our Covington motorcycle accident lawyer is available to discuss your case and go over your legal options with you. Contact us today.
What to Do After a Motorcycle Accident in Covington
Motorcycles represent 3% of all registered vehicles in the United States, the National Safety Council (NSC) reports. You may wear a helmet and take other precautions when you ride your motorcycle. Regardless, a negligent motorist can cause a crash at any time — and you need to respond accordingly.
After your crash, call 911, and medical personnel and police officers will come to help. Treat your injuries and go to a hospital as needed. Also, if you have your smartphone with you, use it to capture photos and videos of any damage to your bike, your injuries, and the accident scene.
Take care of yourself as best as you can following your crash. If an at-fault driver or their motorist reaches out to you in the hopes that you will accept a settlement, decline the proposal. Otherwise, you may inadvertently give up your right to get a reasonable amount of compensation to cover all of your accident-related losses.
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Who Is Liable in a Covington Motorcycle Accident
In many motorcycle crashes, the driver who caused the collision is at fault. This is due to the fact that the motorist may have been negligent, which led to the accident. In this scenario, the rider can file a claim with the motorist’s insurance company.
It is mandatory for Tennessee drivers to have car insurance. There are minimum limits for liability auto insurance coverage. These are:
- $25,000 for an injury or death in an accident
- $50,000 for total injuries or deaths in an accident
- $25,000 for property damage in an accident
Along with a driver, a government entity, ridesharing company, or others may be liable for a motorcycle collision. If you are unsure about who is responsible for your crash, the team at Gatti, Keltner, Bienvenu & Montesi can help you identify any at-fault parties. Get in touch with our Covington motorcycle accident attorney.
How Liability Is Determined in a Motorcycle Crash
Evidence plays an important role in determining liability. There are many pieces of evidence that can be used to support your motorcycle crash case. These include:
- Accident scene photos and videos
- Police reports
- Medical records
Per Tennessee Code §39-11-201, you are responsible for the burden of proof. A court will not award damages in your motorcycling crash case unless you provide a sufficient amount of evidence. If a judge or jury does not believe your argument is reasonable, you will not receive any compensation.
In addition to the burden of proof, it is important to note that Tennessee courts follow a comparative fault standard. You must be able to show that the plaintiff in your case was primarily responsible for your motorcycle collision. If you do not, a court may choose not to award any damages or reduce the compensation it provides based on your percentage of fault.
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How to File a Motorcycle Accident Claim
According to Tennessee Code §28-3-104, you have up to one year to sue an at-fault party who caused you to suffer a personal injury. If you get hurt in a motorcycle crash, you must submit your claim within 12 months of the collision. By waiting more than a year, you lose the right to seek damages from any at-fault parties.
If a driver crashes their vehicle into you and your motorcycle, you can submit a claim through their insurance company. Even if you do, there is no guarantee that the insurer will cover the full cost of your claim. The business may do everything within its power to avoid paying you.
A motorcycle accident lawyer in Covington can help you deal with an insurance company that is refusing to cover your claim. They can also file a personal injury lawsuit on your behalf. If you move forward with a lawsuit, your attorney advocates for you protects your legal rights, and puts you in the best position to secure a fair settlement.
How Much a Motorcycle Crash Case Is Worth
There is no set amount that is awarded to motorcycle crash victims. The severity of your injury and other factors impact how much money you may receive. In a personal injury lawsuit, you can ask for economic and non-economic damages.
Economic compensation is given out for medical bills and other quantifiable losses. Non-economic damages are subjective, and they are provided for pain and suffering. A motorcycle accident attorney in Covington can calculate both types of damages in your case.
To collect damages in a motorcycle crash lawsuit, you must build a compelling argument. Your attorney focuses on finding ways to prove that you are in no way responsible for your collision. They make sure your argument is clear and easy to understand, which can boost your chances of getting 100% of the compensation you request.
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Tips to Settle a Motorcycle Collision Case
There is no telling how long a motorcycle accident lawsuit will take. Keep the lines of communication open with your attorney throughout your litigation. If you have legal concerns or questions, share them with your lawyer.
You are under no obligation to accept a settlement offer before your trial. If you get a settlement proposal, review it with your lawyer. Then, your attorney can explain all that the proposal entails, and you can make an informed decision about it.
Do not be afraid to bring your case to trial. Because if you accept an unfair settlement, you will be partly responsible for your accident-related costs. By going to trial, you and your attorney can explain why you deserve damages and let a judge or jury decide your case.
Get Started with a Motorcycle Crash Lawsuit
Gatti, Keltner, Bienvenu & Montesi has helped our clients secure millions in damages to date. We can take a look at your motorcycle crash case for free. To schedule a consultation with a Covington motorcycle accident lawyer, contact us today.
(901) 526-2126
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