Skip to content
How Motorcycle Accident Claims Differ From Car Accident Claims
If you or someone you love has been injured in a motorcycle accident in Tennessee, you could be entitled to compensation. Find out more by calling Rocky McElhaney Law Firm: Car Accident & Injury Lawyers today.
What is the same for motorcycle accidents and car accidents?
The basic legal principles of a motorcycle accident are the same as they are for a car accident. An injured motorcyclist needs to show that another party acted negligently and caused the collision. This may involve showing that the other party was speeding, driving while impaired, driving while distracted, or otherwise failing to use reasonable care.
However, where these accidents split away from car accidents is the evidence, injuries, and arguments involving fault.
Arguments involving fault can be particularly important in Tennessee, since we are a modified comparative fault state. If an injured person is partially responsible for an accident, their share of compensation is reduced in proportion to their share of blame. If they are 50% or more to blame, they may be barred from recovering anything.
Why are motorcycle accident injuries often more serious?
One of the main differences you will see in motorcycle accident cases is the severity of injuries resulting from a crash. A standard passenger vehicle is built to absorb the impact of a crash and protect occupants with seatbelts, airbags, and other safety systems. A motorcycle offers very limited protection. Ideally, a motorcyclist is protected by a functioning helmet, eyewear, and appropriate riding gear, but even that does not begin to compare to what passenger vehicle occupants have.
Riders can be thrown from their motorcycles, get stuck behind another vehicle, or get dragged across the pavement. Motorcycle crashes may result in serious injuries like:
- Traumatic brain injuries
- Spinal cord damage
- Broken or crushed bones
- Severe road rash
- Internal organ damage
- Nerve damage
- Amputations
- Scarring and disfigurement
More severe injuries often equate to more significant financial losses. An injured motorcyclist may need surgery, rehabilitative care, assistive equipment, and ongoing medical care. Their ability to work or live independently may be compromised.
Motorcycle accidents do not inherently have greater value than car accident claims. Car accidents can also cause severe injuries resulting in hundreds of thousands of dollars of losses. Ultimately, compensation for each case depends on the facts of the case. In general, though, motorcycle accidents put riders at heightened risk of severe or fatal injuries.
Are motorcycle accident claims harder to prove?
Motorcycle accident claims can be harder to prove in some circumstances. Motorcycles can be forced off the roadway without ever making actual contact with a vehicle. A driver may switch into a rider’s lane, forcing them onto the shoulder or into the median, where they crash and suffer injuries. If the driver keeps going after running a rider off the road, the motorcyclist may have a hard time proving what happened.
Motorcycle laws that may affect fault
Motorcycle-specific laws can affect fault, further differentiating them from car accidents. Tennessee law prohibits motorcyclists from riding between lanes of traffic (lane splitting) and lane filtering (moving between slowed or stopped vehicles). A rider who engages in lane filtering or lane splitting, even if they believe it to be safe, may complicate their own case. Tennessee also has a universal helmet law that requires all riders to wear helmets, with few exceptions.
While these laws may come into play when your motorcycle accident lawyer is building your case, it is important not to assume that any violation ruins your case. Violating a motorcycle regulation or law does not automatically mean that you are at fault; the conduct has to be a proximate cause of the injury to support liability.
How insurance companies treat motorcycle riders
Unfortunately, the way that insurance companies treat motorcycle riders can also be very different from how they treat drivers. Despite ongoing public safety initiatives reminding drivers to watch out for riders, there is still a lot of bias against motorcyclists. That filters into the insurance industry and can affect how an insurance adjuster handles a claim. It is not uncommon for people to assume that a motorcyclist caused a crash by speeding, weaving through traffic, or riding recklessly—no matter how strong the evidence against the other party is. Your motorcycle accident attorney should be familiar with these beliefs and how they may affect insurance companies’ decisions so they can mitigate them from the very beginning.
Insurance coverage that may apply after an accident
Insurance coverage may depend on who is at fault and what type of coverage each party carries. If the other driver is at fault for the accident, their liability insurance may be responsible for paying your losses. Motorcycles and cars have the same minimum coverage requirements in Tennessee. Insurers must automatically include uninsured/underinsured motorist coverage in Tennessee unless the named insured rejects it in writing or selects lower limits, so if you are hit by an uninsured or underinsured driver, that may be relevant to your case.
Injured in a motorcycle accident? Call Rocky McElhaney Law Firm: Car Accident & Injury Lawyers today
If you have been hit by a reckless driver and you do not know how to start your claim, our personal injury team is here to help you through the process. Give us a call or contact us online now.