At the Law Offices of Ogle, Elrod & Baril, PLLC, we represent motorcycle operators in Hamilton County just as aggressively as we do drivers of passenger vehicles. We protect the rights of motorcyclists who have been injured in an accident caused by someone else’s negligence. We fight to get motorcycle riders the compensation they deserve.
If you or a loved one have been injured in a motorcycle accident, we can help you pursue compensation for your medical bills, lost wages, pain and suffering, and other damages. To learn more about how a motorcycle accident lawyer in Hamilton County, TN, can help you, call the Law Offices of Ogle, Elrod & Baril, PLLC at 865-546-1111 to schedule a free consultation.
We Investigate Your Accident to Prove Negligence
To have a successful injury claim means proving that someone else’s negligence caused your motorcycle accident. To establish negligence requires us to investigate the cause of your motorcycle accident. We have discovered that motorcycle accidents may occur when the driver of a passenger car:
- Drives under the influence of alcohol or drugs
- Drives while drowsy
- Fails to check blind spots before changing lanes
- Fails to yield the right of way to the motorcycle
- Runs a red light
- Tailgates (following too closely)
- Sends or receives text messages while driving
Passenger car drivers are not always to blame for motorcycle accidents. In some instances, a manufacturing defect or design can cause a motorcycle accident. If this happened in your case, we can hold the motorcycle manufacturer liable for your accident.
We Collect Relevant Evidence to Build Your Claim
During our investigation, we collect evidence that proves how the other party’s negligence caused your motorcycle accident and injuries. An auto insurer may not believe you suffered injuries unless you provide proof, along with evidence that its policyholder caused your crash.
Some of the evidence that we collect to support your claim includes:
- Your medical records that shows the severity of your injuries
- A police report
- Photos of the accident scene
- Eyewitness statements
- Traffic camera or surveillance video footage
- Lost wages
- Costs of damage to your motorcycle or other personal property
We may also obtain evidence from a subject matter expert, such as an accident reconstruction specialist, who can analyze your motorcycle accident to prove cause and fault.
Holding Government Entities Liable for a Motorcycle Accident
Poorly marked road changes, uneven pavement, and potholes can cause a single-vehicle motorcycle crash. Local and state governments are responsible for maintaining public roads and can be held liable for damages in a vehicle accident.
If a defective road caused your motorcycle crash, we know the special procedures Tennessee has for removing immunity against local governments. We are aware of the strict deadlines municipalities have for filing personal injury claims.
We also collect solid evidence of negligence against a government entity, which is essential to recovering compensation in personal injury cases.
Proving Negligence in a Motorcycle Accident
To recover compensation requires proving that a crash happened because of another party’s negligence. For your motorcycle accident, we must prove four elements of negligence:
Duty of care: The party that caused your accident had a duty to exercise care to avoid injuring you.
Breach of duty: The party breached this duty.
Causation: The party’s negligent actions caused you to suffer injuries.
Damages: You suffered financial losses and other damages because of the accident.
When it comes to car accidents in Tennessee, the party that causes an accident must pay for damages resulting from the crash. We use evidence to help prove negligence to hold the at-fault party responsible for paying your damages.
Tennessee’s Comparative Negligence Law Places Partial Fault on the Injury Accident Victim
Per the state’s Comparative Negligence law, injury victims can recover damages even if they are found to be 49 percent or less at fault for an accident. For instance, if you had $100,000 in damages and a claims adjuster found that you committed some sort of negligence that made you 20 percent at fault for causing the accident, you would get $80,000.
Accident victims who are found to be 50 percent or more at fault may not recover any damages. With the Law Offices of Ogle, Elrod, & Baril, PLCC on your side, we will work hard to fight for compensation for the damages you suffered in your motorcycle accident.
The Types of Damages You Can Recover
Motorcyclists are at a disadvantage because they lack the protection that passenger car drivers in enclosed passenger vehicles have during accidents. It is not uncommon for motorcyclists to suffer severe injuries like broken bones, a spinal cord injury, and other medical conditions that require frequent trips to doctors’ offices and long-term rehabilitation. Recovering from serious motorcycle injuries can cost you thousands of dollars over time.
Because of your medical and financial needs, you may be eligible to recover compensation for your:
- Medical bills (present and future)
- Physical therapy
- Lost wages
- Loss of earning capacity
- Prescription medication
- Pain and suffering
- Scarring or disfigurement
We Can Help You File Your Insurance Claim
The Law Offices of Ogle, Elrod & Baril, PLLC handle all aspects of a personal injury claim. We will file a claim with the at-fault party’s insurance company and negotiate a fair settlement on your behalf.
There are times, however, when filing a lawsuit is the only way that we can resolve outstanding issues and recover compensation.
Under Tennessee law (§28-3-104(a)(1), in most cases you only have one year to file a personal injury claim.
Let Us Help You Recover Compensation From Your Motorcycle Accident
Motorcycle accidents can have long-lasting physical and emotional effects on you and your family. You can rely on the Law Offices of Ogle, Elrod & Baril, PLLC to help you recover compensation during this difficult time.
To speak to a motorcycle accident lawyer in Hamilton County, TN, call us at 865-546-1111 for a free legal consultation.