If you have injuries from a motorcycle accident caused by another driver’s negligence, the Law Offices of Ogle, Elrod & Baril, PLLC understand the financial and emotional hardships you face. We can help you in this difficult time.
By having our law firm on your side, you can hold the at-fault party legally liable for your injuries and pursue compensation for the medical bills you paid, wages you lost, and the pain and suffering you endured.
To discuss whether you have a viable claim, call us at 865-546-1111 for a free consultation with a motorcycle accident lawyer in Murfreesboro, TN.
We Start by Investigating Your Motorcycle Accident
We will thoroughly investigate your motorcycle accident to build a solid claim on your behalf. First, we will ask you to provide the facts about your accident. Then we collect evidence to prove how the other party’s negligence caused your crash.
Insurers and passenger car drivers have stereotypical views of motorcyclists being reckless speeders. However, we have found in our investigations that unsafe driving behaviors of other drivers can also lead to motorcycle accidents. Some of the most common causes of motorcycle crashes happen when the other drivers:
- Operate their vehicles while impaired
- Failed to check their blind spots before changing lanes
- Made a left turn without yielding the right of way to a motorcycle approaching from the opposing direction
- Parked their cars and opened the driver-side door without looking at oncoming traffic in the adjacent lane
Collecting Evidence for Your Motorcycle Accident Claim
Our case must prove negligence and causation. A motorcycle accident lawyer in Murfreesboro might do this by securing such evidence as:
- A police report of your accident
- Your medical records that describe your injuries
- The lost wages
- Photographs of the accident scene
- Eyewitness statements about the accident
When necessary, we work with subject matter experts. For instance, we may use an accident reconstruction expert who can show how and why a wreck occurred. We may also ask a certified medical professional to provide an opinion on the severity of your injuries and your future medical needs. We use a variety of resources in our investigation to strengthen your claim.
Other Factors Contributing to a Motorcycle Accident
A single-vehicle motorcycle crash caused by a motorcycle’s manufacturing or design defect can cause as many serious injuries as being in an accident with a passenger vehicle. A motorcycle manufacturer can be liable for a defective motorcycle, primarily if the defect prompted a recall of the motorcycles.
Besides a manufacturer’s defect, potholes, uneven pavement, unmarked lane shifts, or poorly designed roads can all contribute to a motorcycle accident. State and local governments maintain roads. These entities can be held responsible for failing to keep the roads or warn of potential hazards.
Using Evidence to Prove Negligence
Winning an injury accident claim means having to prove how the at-fault party’s negligence caused an accident. In a motorcycle accident, we must show the following:
- The at-fault party had a duty of care to avoid causing you harm.
- The at-fault driver breached this duty.
- The at-fault driver’s negligence caused an accident.
- You suffered damages because of the crash.
We must prove negligence since Tennessee is a “fault state” when it comes to accident claims. In a fault state, the at-fault party and the party’s insurance company pays for damages resulting from the crash.
Consequences of Accepting an Initial Settlement Offer
An auto insurer might offer you a settlement after determining that its policyholder was at fault for causing your motorcycle accident. However, we recommend that you do not accept the first offer because you may not know your total amount of damages or the severity of your injuries shortly after an accident.
If an insurer offered you a settlement, contact a motorcycle accident lawyer in Murfreesboro at our firm before you accept the offer. Our lawyers have spent years dealing with insurance companies, and we know an unfair offer when we see one. We can negotiate a claim on your behalf and ensure that you receive fair compensation for your injuries.
Insurers May Check to See if You Were Wearing a Helmet
Insurers will scrutinize all of the evidence collected in an investigation to show how the motorcyclist contributed to the accident. One way of doing that is using Tennessee’s helmet law. Tennessee requires all motorcycle drivers and their passengers 21 years old and older to wear a helmet that meets federal safety standards.
If you were not wearing a helmet at the time of the motorcycle crash, you could expect the insurer to accuse you of contributing to your injury. Even if you were wearing a helmet, do not be surprised if the insurer questions whether your helmet meets federal requirements. We can handle questions regarding the state’s helmet law should the insurer bring up the issue when valuing your claim.
Recovering Compensation for Your Motorcycle Accident Damages
We can help you estimate the value of your claim by calculating the physical and emotional damages you suffered and the property damages you sustained.
Motorcyclists can suffer severe injuries such as broken bones, spinal cord injuries, and traumatic brain injuries. If you have long-term or permanent injuries, the value of your damage claim will increase. You might be able to pursue compensation for damages including:
- Medical bills (present and future)
- Physical therapy
- Lost wages
- Home health care
- Loss of earning capacity
- Motorcycle repair or replacement
- Pain and suffering
- Scarring or disfigurement
If your loved one died in a motorcycle accident, we could help you pursue compensation for funeral expenses and other damages.
File Your Murfreesboro Injury Claim Before It Is Too Late
Tennessee’s Statute of Limitations gives you one year from the date of your motorcycle accident to file a claim or lawsuit. So, do not miss your opportunity to recover compensation.