Your Trusted Motorcycle Accident Lawyer in Johnson City TN
Why Choose CDR Law As Your Motorcycle Accident Lawyer Johnson City, TN
Motorcycling is popular among hundreds of thousands of individuals. While motorcycling in itself is typically safe, drivers who are distracted, drive drunk, text while driving, disregard traffic signals, speed, or otherwise operate irresponsibly make it hazardous. When drivers create accidents and collisions with motorcyclists, the motorcyclist frequently pays the price in
As motorcycle accident lawyers in Johnson City, TN, we fight for injured motorcyclists and their families for full compensation from all those who are to blame. We serve clients from throughout the Elizabethton and Tri Cities region, as well as Johnson City.
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Understanding the Typical Defenses Used in Motorcycle Injury Lawsuits
The defense frequently attempts to shift the blame for a motorcycle accident on the injured or deceased motorcyclist. They may attempt to capitalize on preconceptions that motorcyclists are reckless drivers or somehow “outlaws.”
We are fully aware of the facts. Motorcyclists do not ride any more aggressively or dangerously than other drivers. In fact, because motorcyclists are unable to engage in certain inherently dangerous activities while riding, it is probable that they are safer than drivers. Motorcyclists also understand that if they ride carelessly, they have the potential to severely injure or kill themselves or others.
Motorcycle accidents frequently involve claims that the motorcyclist was speeding, failed to yield, did not stop at a red light, ran a stop sign, made an illegal pass on double yellow lines, did not maintain control of the motorcycle, did not careen out of the way in time to avoid collision with another vehicle or object. The insurance company may also attempt to blame the crash on another vehicle, such as an automobile making left-hand turn in front of them.
Regardless of what took place prior to an accident involving riders and drivers of other vehicles on Tennessee roads or highways, injured motorcyclists who are victims of collisions deserve compensation for their significant losses .
If you’re suffering from serious injuries or a loved one has been killed in an accident caused by another’s negligence, please contact us so we can help you. We work on contingency and don’t get paid any fees unless we win your case. Our firm only collects payment when our clients recover damages for their injuries.
Is It Possible to Receive Compensation in a Motorcycle Accident if I Wasn’t Wearing a Helmet?
A motorcyclist is entitled to compensation even if they were not wearing a helmet in violation of the law.
It does not affect your liability if you are wearing a helmet. Even if you were not wearing a helmet when you were hit, the other driver is still responsible, even if he or she was driving negligently.
Your attorney for the other motorist may argue that your injuries would not have been as bad if you had been wearing a helmet, which could influence the amount of money you receive at trial. It will be up to the defense to try to reduce damages; we will firmly deny this. Unfortunately, as seen in the Tennessee motorcycle fatality statistics above, head injuries are a common cause of death or disability.
So, does not wearing a helmet reduce your compensation? This varies by state and is determined on a case-by-case basis. We can speak with you more about this during your free consultation.
How Much Compensation Will I Receive if I Was Injured in a Johnson City TN Motorcycle Accident?
The amount that you will receive for your injuries depends on the severity of those injuries. Your attorney will determine what type of compensation you should be awarded based upon factors such as the following:
Severity of injury to the brain, spine, head, neck, or other areas affected.
Severity of impact
Damage caused by the crash
Property damage incurred
Loss wages
Physical pain and suffering
Emotional distress
How Long Will It Take to Get My Money?
If you win your case, this will depend on how much time it takes for the claims process to take place. Typically, these cases are resolved between 6 months and 1 year after an initial personal injury lawsuit is filed.
Do I Have to Pay Any of the Legal Fees if I Lose or Am Found Negligent?
If you lose your case or are found negligent in any way, then you will be responsible for paying all of the legal fees that we have incurred during this process. You may also be responsible for paying some of our attorney’s fees during the pre-trial phase. This payment only applies if you lose your case; you will not be required to pay any legal fees up front.
We represent many motorcyclists and their families, and we work hard to obtain the maximum amount of compensation for them. We fight for every penny that our clients deserve under the law.
In Tennessee, how long does a motorcycle accident case take?
When a motorcycle accident or collision happens, one of the first things a hurt client or family will ask is how long their motorbike accident will take. A case might take from six months to two years or longer, depending on a number of factors.
It’s critical to note that our firm’s objective when defending a hurt motorcyclist or family isn’t to try to negotiate a quick settlement with the at-fault driver for pennies on the dollar. Instead, we are tenacious in seeking complete compensation for our clients and obtaining full reimbursement for them of their case.
At the start of a case, defense and insurance companies seldom provide full compensation. Typically, they offer what is frequently referred to as “nuisance” value; which is often a very small settlement to make a claim disappear. They don’t generally offer complete compensation until it can be shown that (i) they are responsible, (ii) the whole
We are meticulous in our efforts to discover the facts of each case, as well as to identify and hold accountable any persons we believe are legally responsible for a motorcycle accident. This includes not just the driver who caused the crash, but also other people who might be held liable, such as bars that serve alcohol to patrons who are already drunk, construction firms
We are also thorough in keeping records and asking for complete compensation. These damages might include missed earnings, future discomfort and suffering, the expense of anticipated operations, and other factors in instances of a wrongful death claim or severe injury that will affect a motorcyclist for years. We frequently engage experts, including doctors and others, to fully make our clients’ cases
When we’ve built a solid case for liability and complete damages, settlement talks will most likely begin. If those who are to blame are unwilling to pay appropriate compensation, we will not hesitate to take our clients’ cases to court. The jury will then determine guilt and compensate in the event of a trial.
What Are My Rights as a Motorcyclist?
Motorcyclists have the same rights on the road as other drivers – including the right to be safe from others’ carelessness. But what do those rights mean? And how does someone those rights legally and responsibly on Tennessee roads?
The right to be safe on the road means that drivers, passengers, and pedestrians have a responsibility not to act carelessly or dangerously. When a driver takes away this right, he or she is therefore liable for the damages that result from those actions.
The right to be safe on the road is legally upheld by Tennessee statutes, particularly by Tenn. Code Ann. §§ 55-8-172 and 55-8-173. These sections state that every driver has a responsibility not to act with “willful or wanton disregard for the safety of persons or property.”
Does This Apply Even if I Was Breaking a Law?
Yes! You are entitled to be safe on the road even if you might have broken some traffic laws in causing your accident. Do not make this mistake; many drivers consider lawbreaking motorcyclists as unworthy of compensation, but that is one of the biggest mistakes you can make when applying for damages. The fact that you are law abiding does not matter – what matters is that your rights were violated.
What Is “Loss of Society and Companionship”?
Tennessee follows common law regarding wrongful death cases involving motorcycles (see Tenn. Code Ann. § 20-5-105), which includes loss of-society and companionship damages. This type of damage is awarded to the family of the victim when you are considered to have lost your life.
The Tragic Effects of Motorcycle Accidents
Motorcyclists are at significantly higher risk of serious injury or death in the event of a collision, owing to their lack of reinforced steel, air bags, engineered safety crash zones, and other protections as those in automobiles will have. Their only safeguards are typically helmets and perhaps protective gear.
In addition to death, motorcyclists are frequently injured by the following things:
- Fractures, lacerations, and “road rash” are examples of serious injuries caused by automobiles.
- Trauma to internal organs
- Brain injuries can result from a variety of traumatic events, including car accidents and other types of physical assaults. TBI is defined as an injury to the brain caused by external forces or violence within the skull. Aside from traumatic brain injury (TBI), there are three major forms: 1) closed -> Traumatic head injuries and traumatic brain damage (T
- Paraplegia and quadriplegia are two terms that describe conditions in which the body or one of its limbs is paralyzed.
- Amputations, especially of the lower leg and foot
It’s critical to know exactly what the personal injury case entails, the potential future treatment and surgery, and the required compensation and damages after significant damage has occurred. We devote an enormous amount of effort in cases of severe injuries or death so that we can fully consider all past and future damages for our clients.
We’ll Call You for a FREE Consultation To Learn How We Can Assist You and Your Family
On a contingency basis, we accept motorcycle accident, car accident and wrongful death cases. There are no expenses unless compensation is recovered; we also pay for all litigation costs until the case is resolved (these amounts are usually paid back out of settlement to verdict proceeds).
We value our attorney client relationship so when we meet with you and learn about your situation, we can give you options for seeking compensation and justice as well as how we may assist. If you’re one of many motorcycle accident victims, contact our Motorcycle Accident Lawyer at CDR Law Firm Today!