When a motorcyclist is hit by a passenger vehicle or a truck, the injuries and emotional trauma from the crash can take a long time to heal. If you were involved in a motorcycle accident, the Law Offices of Ogle, Elrod & Baril, PLLC can help you pursue compensation for your losses.
We can help you file a claim to recover your medical bills, lost wages, pain and suffering, and more. We handle all aspects of an injury claim, including negotiating a fair settlement that will help you continue your recovery.
To find out more about how we can help you, call our motorcycle accident lawyer in Corryton today 865-546-1111 for a free case evaluation.
We Begin by Investigating Your Motorcycle Accident
We will investigate your motorcycle accident to determine how the crash occurred and establish fault for the accident. It is not uncommon for the driver who caused the accident to say, “I did not see the motorcycle.” On the other hand, drivers in road rage incidents have rammed into or cut off motorcycles, which causes motorcyclists to lose control and crash.
We must establish fault because Tennessee is an at-fault state when it comes to vehicle accidents. This means the party at fault for causing a wreck is responsible for damages from the accident. In most cases, the at-fault party’s insurance company is held liable.
Proving Fault in a Motorcycle Accident Involving a Government Entity
Besides getting hit by vehicles, motorcyclists also suffer injuries because of road defects. Potholes, uneven roadways, and poorly marked roads are among the defects that can cause motorcycle accidents. If you were injured because of a defective road, you may be able to pursue compensation from the government entity that maintains the road.
In most cases, local governments in Tennessee are immune from lawsuits. However, our attorneys understand the legal process used to remove sovereign immunity so a government entity or its employees can be held liable for causing injuries.
Collecting Evidence in Your Motorcycle Accident
We must collect evidence that shows how the at-fault party’s negligence caused your injuries. To do this, we gather a variety of documentation to strengthen your injury claim. This evidence may include:
- Medical records, which show the severity of your injuries
- A police report with a narrative of the crash
- Photographs of the accident scene
- Photographs of your injuries
- Eyewitness statements
- Video footage of the accident
Working With Subject Matter Experts
In certain cases, we work with subject matter experts, such as accident reconstruction specialists and medical experts, to strengthen injury claims.
Accident reconstruction specialists recreate vehicle accidents to determine how a crash occurred and which party was at fault for causing the crash.
Medical experts review a crash victim’s medical records and offer expert opinions about injuries.
If you have been involved in an accident while on your motorcycle, call our motorcycle accident lawyer in Corryton at 865-546-1111 for a free case evaluation.
We Must Prove Negligence in Your Motorcycle Accident
To recover compensation, we must prove that someone else’s negligence caused you harm. We use the evidence that we collect to prove four elements of negligence:
- Duty of care: The at-fault driver owed you a duty to drive in a careful manner that would not harm you.
- Breach of duty: The at-fault driver violated this duty by acting carelessly or recklessly.
- Causation: The at-fault driver’s negligent actions caused an accident.
- Damages: You suffered damages because of the accident.
Pursuing Damages in Your Motorcycle Accident
Motorcyclists may suffer serious and sometimes fatal injuries and could pay thousands of dollars over time for ongoing medical care.
When estimating the damages, you sustained in your motorcycle accident, we consider your present and future medical expenses, such as hospital costs, surgical costs, physical therapy, and prescription medication.
We also factor in the wages you lost—and future wages you will lose—because the nature of your injury prevents you from working as you did before the motorcycle accident.
No matter how you were injured, the attorneys at the Law Offices of Ogle, Elrod & Baril, PLLC can help you pursue the damages you deserve.
You may also seek non-economic damages for physical pain and suffering, emotional distress, and mental anguish you endured because of your accident.
Tennessee places a $750,000 cap on the amount of non-economic damages claimants can pursue. However, if you suffered a catastrophic injury or loss from your motorcycle crash, the non-economic damages cap increases to $1 million.
The State of Tennessee defines catastrophic injury or loss as:
- Spinal cord injury resulting in paraplegia or quadriplegia.
- Amputation of two hands, two feet or one of each.
- Third-degree burns over 40 percent or more of the body or third-degree burns up to 40 percent or more of the face.
- Wrongful death of a parent leaving surviving minor children.
Pursuing a Wrongful Death Claim
If your loved one died in a motorcycle crash, you may be entitled to recover damages from the party responsible. If you are a close family member, you may file a wrongful death claim to get reimbursed for funeral and burial costs. You may also pursue compensation for your loved one’s medical bills, lost wages, pain and suffering, and other damages.
We Are Here to Help You
If you were injured in a motorcycle accident, or if your loved one died after the crash, turn to the Law Offices of Ogle, Elrod & Baril, PLLC. We work on contingency, which means that you do not pay us unless we recover compensation in your case.
Call us now at 865-546-1111 for a complimentary case evaluation with our motorcycle accident lawyer in Corryton.