Motorcycle Accidents in Memphis, Tennessee: Legal Insights, Statistics, and Major Cases
Motorcycle accidents can be brutal because of the lack of protection riders have compared to car or truck occupants. In Memphis, Tennessee motorcycle accidents are a legal and personal nightmare for victims and their families. This article covers the personal injury laws for motorcycle accidents, stats, and a big case from the last 10 years to help victims get justice and money.
Personal Injury Laws for Memphis Motorcycle Accidents
Motorcycle accidents are governed by state and local laws that spell out the duties of both riders and other drivers on the road. If you’re involved in a motorcycle accident you need to know these laws.
Legal Framework: Laws and Regulations for Motorcyclists
In Tennessee motorcyclists must follow the traffic laws outlined in the Tennessee Code Annotated (TCA) in Title 55 which covers motor vehicles. Failing to follow these laws can impact your personal injury claim.
Helmets
Tennessee has an all-rider helmet law, so all motorcyclists and passengers must wear helmets. Helmets must meet Federal Motor Vehicle Safety Standard No. 218 which outlines the design and performance requirements for helmets. If you don’t wear a helmet you may get less compensation in the event of an accident because insurance companies and courts will argue that not wearing a helmet contributed to the severity of the injuries.
Licenses and Endorsements
Motorcyclists in Tennessee must have a motorcycle endorsement on their driver’s license. The endorsement is obtained by passing a written test and practical riding skills test. Riding a motorcycle without this endorsement is illegal and can impact liability if you’re in an accident especially if lack of proper training was a factor in the crash.
Negligence and Liability
Liability in motorcycle accidents is all about negligence. To win a personal injury claim the injured party (plaintiff) must prove the other party (defendant) was negligent. This means the defendant had a duty of care, breached that duty and caused injuries. Liability in motorcycle accidents can fall on several parties:
- Other Drivers: Most motorcycle accidents involve other vehicles. Drivers who fail to yield to motorcyclists, drive recklessly or drive under the influence of drugs or alcohol can be held liable.
- Government Entities: If poor road conditions like potholes or debris caused the accident a government entity responsible for the road can be liable.
- Motorcycle Manufacturers: If a mechanical failure or defective part caused the accident the manufacturer of the motorcycle or its parts can be held liable under product liability law.
Memphis Motorcycle Accidents
Motorcycle accidents in Memphis are caused by many factors, most of which involve the negligence of other road users. Here are some common causes:
- Driver Error: Many accidents occur because other drivers don’t see motorcyclists or don’t yield the right of way. Left turn accidents are common where a vehicle turns in front of an oncoming motorcycle.
- Road Conditions: Poorly maintained roads, potholes, gravel or debris on the road can cause a motorcyclist to lose control and crash.
- Mechanical Failures: Faulty brakes, defective tires or other mechanical issues can cause motorcycle accidents especially when riding at high speeds.
- Speeding: Speeding reduces the time a rider has to react to changing road conditions or other vehicles increasing the chances of a crash.
- Driving Under the Influence: Driving under the influence of alcohol or drugs is a major cause of motorcycle accidents for both riders and other drivers on the road.
Legal Process: What to Do After a Motorcycle Accident
Motorcyclists in Memphis must go through a specific process to get compensation for their injuries and damages.
File a Personal Injury Claim
In Tennessee the statute of limitations to file a personal injury claim after a motorcycle accident is one year from the date of the accident (Tennessee Code Annotated § 28-3-104). If you don’t file a claim within this time frame you generally lose your right to compensation. You need to consult with an attorney as soon as possible to make sure all necessary documentation and evidence is gathered promptly.
Evidence: Building Your Case
Gathering the right evidence is key to proving liability and getting compensation in a motorcycle accident claim. Here are the key pieces of evidence:
- Accident Reports: Official police reports that document the accident including the drivers involved, citations issued and witness statements are essential to prove fault.
- Medical Records: Medical documentation is necessary to show the extent of injuries and the cost of treatment, rehabilitation and any long term effects.
- Photographs and Video Footage: Photos of the accident scene including the vehicles involved, road conditions and visible injuries can be visual evidence.
- Eyewitness Testimony: Statements from witnesses who saw the accident can corroborate the victim’s version of events.
- Expert Testimony: Accident reconstruction experts, motorcycle safety specialists and medical professionals can testify to the cause of the accident and the severity of the injuries.
Settlement and Negotiations
Many motorcycle accident claims are settled outside of court through negotiations between the victim’s attorney and the at-fault party’s insurance company. Settlements cover:
- Medical Expenses: Hospital bills, surgeries, physical therapy and ongoing medical treatment.
- Lost Wages: Lost income due to the victim not being able to work because of the accident.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Property Damage: Repair or replacement of the motorcycle and other personal property damaged in the accident.
If a fair settlement can’t be reached the case may go to trial. During trial both sides present evidence and a judge or jury determines fault and the amount of compensation to the victim.
Memphis, Tennessee Motorcycle Accident Statistics (2023)
Looking at recent motorcycle accident statistics gives us insight into the frequency and causes of motorcycle accidents in Memphis. While motorcycle riders make up a small percentage of all road users they account for a large percentage of serious injuries and fatalities.
Reported Motorcycle Accidents
In 2023 there were approximately 75 motorcycle accidents in Memphis. These accidents varied in severity with a large number resulting in serious injuries or fatalities. Most of these accidents involved other vehicles and occurred at intersections where visibility and right of way are often disputed.
Common Causes of Accidents
- Driver Error (60%): A large number of accidents were due to other drivers not seeing or yielding to motorcycles. Many of these accidents occurred at intersections where a car turned left in front of an oncoming motorcycle.
- Road Hazards (25%): Poor road conditions including potholes, loose gravel and road debris caused many accidents. These hazards are particularly dangerous for motorcycles as they are more prone to losing balance than cars or trucks.
- Mechanical Failures (10%): Defective brakes, tire blowouts and other mechanical issues accounted for a smaller but significant number of motorcycle accidents.
- Other Causes (5%): This includes accidents caused by driver intoxication, speeding or reckless driving by the motorcyclist.
Victim Impact
Motorcycle accident injuries are often severe due to the lack of protection. Common injuries include:
- Fractures and Broken Bones: Impact with another vehicle or the ground often results in broken bones.
- Head Injuries: Even with helmets riders can get concussions or traumatic brain injuries.
- Road Rash: Scratches from sliding along the pavement are common in motorcycle accidents.
- Spinal Cord Injuries: Spinal damage can result in paralysis or long term disability.
- Fatalities: Unfortunately the risk of death in a motorcycle accident is higher than in a car accident. In 2023 12% of motorcycle accidents in Memphis were fatal.
Notable Personal Injury Case: Williams v. Midtown Memphis Auto Group
One of the biggest motorcycle accident cases in Memphis in the last 10 years is Williams v. Midtown Memphis Auto Group a case that shows the devastating consequences of motorcycle accidents and the importance of having the right lawyer.
Case Summary
In 2017 James Williams a 45 year old motorcyclist was riding through Midtown Memphis when he was hit by a car driven by an employee of Midtown Memphis Auto Group. The driver did not yield while making a left turn at an intersection and hit Williams’ motorcycle.
Williams had multiple fractures including compound fractures in both legs, traumatic brain injury and internal injuries. His injuries required multiple surgeries, extended hospital stays and long term rehabilitation. He was left with permanent disabilities including limited mobility and cognitive impairment.
Result
Williams sued Midtown Memphis Auto Group claiming the driver’s negligence had caused his injuries and changed his life forever. After extensive negotiations the case settled for $4.5 million to cover Williams’ medical bills, lost wages, pain and suffering and future rehabilitation needs.
The case shows the devastating effect of motorcycle accidents on the victim and their family and the importance of having the right lawyer to get the victim what they deserve.
Motorcycle Accident Lawyer
Motorcycle accidents can be legally messy especially when there are multiple parties at fault or when the injuries are severe. Having the right lawyer is key to navigating the claims process and getting the victim fair compensation.
Case Review
Motorcycle accident lawyers will:
- Conduct a Thorough Investigation: This means reviewing police reports, collecting evidence from the scene, getting witness statements and consulting with experts in accident reconstruction.
- Consult Expert Witnesses: Medical professionals, motorcycle safety experts and engineers may be called to testify to the cause of the accident and the extent of the injuries.
Negotiation and Litigation
Experienced lawyers will work to get fair settlements by negotiating with insurance companies and opposing counsel. If a fair settlement can’t be reached they will prepare the case for trial. During trial lawyers will present evidence and argue for the maximum recovery allowed by law.
Summary
Motorcycle accidents in Memphis, Tennessee can be complex and often result in life changing injuries. Knowing the personal injury laws surrounding motorcycle accidents, the statistics and the notable cases can help victims navigate the process and get what they deserve.
For motorcycle accident lawyer help, contact Keller Swan today. Our experienced lawyers will be with you every step of the way to get you the compensation and justice you are owed.
