All vehicle accidents have the potential to cause bodily injuries. However, a motorcycle accident carries a severe risk causing devastating injuries and death. If you or a family member suffered injuries in a motorcycle accident another driver caused, you may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages.
The Law Offices of Ogle, Elrod & Baril, PLLC, helps Tennessee accident victims and their survivors seek legal justice and monetary compensation for their financial losses. If you want to file an insurance claim or personal injury lawsuit, we can help. Call us at 865-546-1111 to schedule a free consultation with a motorcycle accident lawyer in Nashville. We can tell you if you have a case and begin the process of building a claim or lawsuit for you.
How Does a Lawyer Build a Claim?
We will build a strong claim on your behalf by collecting evidence showing how the crash happened and who was responsible for the accident. We rely on such information as:
- The police accident report;
- Photos of the accident scene showing the damage to all vehicles;
- Video footage from nearby traffic cameras;
- Your medical records that detail your injuries; and
- Eyewitness statements about the accident.
If the crash resulted in a death or catastrophic injury, we may bring in an accident reconstruction specialist to determine how the at-fault driver’s actions played a role in causing the crash. We must establish liability for the crash because Tennessee requires the party who caused the crash to pay for damages.
What Do You Mean by a Catastrophic Injury?
Catastrophic injuries are permanent or disabling injuries that may change your way of life and prevent you from taking care of yourself. It is not unusual for motorcycle riders and their passengers to sustain more severe, fatal injuries than occupants of an enclosed four-wheel vehicle. Under Tennessee law, catastrophic injuries include:
- A spinal cord injury that causes paraplegia or quadriplegia;
- Amputation of two hands, two feet, or one of each;
- Third-degree burns that affect at least 40 percent of the body or face; and
- The wrongful death of a parent with surviving minor children.
The treatment for any of the above injuries is extremely expensive. Many victims who suffer catastrophic damage in a motorcycle crash will require care for the rest of their lives. We will seek compensation to pay for your injuries, up to the state’s cap of $1 million.
Even if you did not suffer catastrophic injuries in the crash, you may still be facing serious medical bills, time away from work, and pain and suffering. Motorcyclists commonly suffer spinal, rib, pelvic, and facial fractures, as well as severe head and chest injuries after a crash. We will seek compensation from the at-fault party for these losses.
What Type of Actions Make a Motorist Responsible for a Motorcycle Accident?
Our investigations have shown that at-fault drivers can cause a motorcycle crash by:
- Failing to yield the right of way to an oncoming motorcycle before making a left turn;
- Opening a car door next to the motorcycle’s active traffic lane;
- Driving under the influence of drugsor alcohol;
- Failing to check their blind spots before changing lanes;
- Failing to slow down for stopped traffic ahead and rear-ending the motorcycle; and
- Texting, talking on the phone, or engaging in other forms of distracted driving.
In some cases, another party is responsible for causing a crash. If a part in your motorcycle malfunctioned, for example, we can hold the manufacturer responsible. If a poorly maintained roadway caused your wreck, we can hold the government entity responsible for road maintenance liable for your damages.
We Must Prove Negligence in Your Case.
Before we can seek compensation, we must prove the at-fault party’s negligence caused your motorcycle accident. We do this by offering evidence of the following:
- The at-fault party had a duty to act carefully and keep you reasonably safe from harm;
- They breached this duty;
- That breach caused the accident; and
- You suffered damages as a result.
How Much Monetary Compensation Can I Recover?
We can give you an estimate of your claim’s value after we get specific information from you, such as how much you have spent on medical bills and how much work income you have lost. Many factors go into calculating your injury claim. You can rest assured we will examine each one to get you the maximum compensation possible.
After a motorcycle crash, you may get compensated for your:
- Medical bills;
- Physical therapy;
- In-patient rehabilitation;
- Home health care;
- Assistive medical devices;
- Lost wages;
- Loss of earning capacity; and
- Motorcycle repair costs.
You may also pursue non-monetary damages, such as pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life.
If your loved one died in a motorcycle accident, you have the option of filing a wrongful death claim against the at-fault party to cover funeral and burial costs, your family member’s lost wages, and other expenses.
We Will Fight to Get You Fair Compensation.
After we calculate the value of your claim, we will request fair compensation from the at-fault party’s insurance company. Often, insurers put for a low settlement offer first, hoping accident victims will agree to less than what they deserve. We will negotiate aggressively until the insurer in your case agrees to a fair settlement for your damages.
If the at-fault party’s insurance company will not agree to a settlement, we will not hesitate to take the case to trial. We would serve as your legal representatives in court.
Contact the Law Offices of Ogle, Elrod & Baril, PLLC, for Help After a Motorcycle Accident.
If a motorcycle accident left you injured or bereaved of a loved one, take action and contact the Law Offices of Ogle, Elrod & Baril, PLLC, today. Our motorcycle accident lawyers can help you decide your next steps after a crash in Nashville.
We do not get paid unless we recover compensation for you, and our initial consultations are free. Call us today at 865-546-1111 to get started.