If you want to experience true freedom on the road, take a motorcycle ride. Unfortunately, a pleasure ride can turn disastrous when a car or truck strikes your bike. A motorcycle does not provide enclosed protection like a four-wheel vehicle, so you have a greater change of suffering serious physical injuries—like a brain injury or spinal cord damage—as well as extensive damage to your motorcycle.
If you have been in a motorcycle accident, contact the Law Offices of Ogle, Elrod & Baril, PLLC, today. Our firm has successfully helped motorcycle accident victims receive full compensation available to them under Tennessee law. Trust us to do the same for you. Call us at 865-546-1111 for a free, no-obligation legal evaluation with a motorcycle accident lawyer in Johnson City.
What Does Full Compensation Mean?
Full compensation means recovering compensatory damages from the party at fault for causing your accident and injuries. Tennessee is a fault state, which means the party that caused an accident pays for injuries or property damages stemming from the crash.
In your case, the driver who hit your motorcycle may have caused the accident. After we conduct an investigation into the crash, we may also find that poorly maintained roads, defective mechanic work, or defective motorcycle parts contributed to your wreck or worsened your injuries. In these instances, you may hold a local government, a mechanic, or motorcycle manufacturer liable for your damages.
What Type of Investigation Will a Lawyer Conduct?
Our investigation into your accident includes determining how the accident occurred and who to hold responsible for your injuries. We focus on whether the at-fault party’s negligence contributed to the accident.
Negligence can cause a motorcycle accident in several ways. For instance, we may discover during our probe that the other driver:
- Operated under the influence of drugsor alcohol;
- Ignored traffic signals and signs;
- Did not see your motorcycle in the vehicle’s blind spot;
- Engaged in road rage; or
- Sent text messagesor talked on the phone while driving.
We may discover more factors that contributed to the crash when we call on our accident reconstruction expert, who specializes in finding out how and why an accident occurred.
What Kind of Evidence Will Support My Claim?
We collect as much documentation as possible to build a valid case to support your personal injury claim. We gather such evidence as:
- Your statement about the accident and how your injuries affect your quality of life;
- Statements from your family members on your diminished quality of life;
- Eyewitness statements about the accident;
- Your medical expenses;
- The official police reportof the accident;
- Photographs of the accident scene; and
- Documentation from your employer about your time off from work.
We may also obtain a statement from your doctor on the severity of your injuries and how they may affect your future.
Will I Have to File My Own Insurance Claim?
Our attorneys handle all aspects of insurance claims so you can focus on recovering from your injuries. Insurers often try to save money at the expense of accident victims. They may offer a low settlement that will not cover your future expenses, or they may deny your claim altogether. We know how to challenge an insurance company’s low settlement offer or claim denial. Our law firm fights to get the compensation awards our clients deserve.
Along with your claim, we will submit information we gathered from our investigation to the at-fault driver’s auto insurance company. Then, we negotiate a fair settlement on your behalf to take care of your expenses, such as:
- Medical bills;
- Hospitalization costs;
- Ambulance transportation from the accident scene;
- Rehabilitation;
- Physical therapy;
- Mobility devices like walkers, wheelchairs, canes, and crutches; and
- Past and future lost wages.
What Other Damages Can I Recover?
We also pursue non-economic damages, even though they are more difficult to value. Nonetheless, you can pursue compensation for such intangible damages as pain and suffering, emotional distress, and mental anguish. In some instances, families file a wrongful death claim for funeral expenses, loss of consortium, and other expenses when their loved one dies in a motorcycle accident.
Depending on the facts of your case and the severity of your injuries, we may speak with you about filing a personal injury lawsuit. It is important to act quickly, however. Tennessee only gives you one year from the date of your motorcycle accident to file a lawsuit. If we lose the ability to sue in your case, it can be difficult to recover compensation for your injuries.
You May Also Qualify for Punitive Damages.
Depending on the circumstances surrounding our accident, you may seek punitive damages. These damages punish the at-fault party for their behavior and discourage others from taking the same egregious actions in the future. To receive punitive damages, a court or a jury must find—through clear and convincing evidence—that the at-fault party engaged in malicious, intentional, fraudulent, or reckless conduct, such as drinking and driving or texting while driving.
What If the Driver Who Caused the Accident Does Not Have Insurance?
While Tennessee law requires all vehicle owners to have auto insurance, we know that many drivers violate this law by failing to carry insurance. In many instances, uninsured motorists flee accident scenes because they do not want to have encounters with police.
If you purchased uninsured motorist coverage, you may file a claim with your own insurance company to recover your losses. This does not mean that your auto insurer will readily approve your claim, however. Your insurance company will want proof of your injuries, details of your accident, and information about your attempts to gather information from the at-fault driver.
If the other driver in your motorcycle crash did not have insurance, our attorneys can help you navigate the claims process.
Let the Law Offices of Ogle, Elrod & Baril, PLLC, Help You With Your Claim.
At the Law Offices of Ogle, Elrod & Baril, PLLC, we aggressively advocate for accident victims and their survivors and maintain their legal rights throughout the personal injury claim process. Contact us today at 865-546-1111 to schedule a free legal consultation.