Motorcycle and car accidents are unfortunately common in Tennessee and Kentucky, and the legal landscape for these two types of accidents can be complex and nuanced. As a trusted car and motorcycle accident attorney based in Nashville, we have extensive experience representing clients in both scenarios. Here is a closer look at some of the key differences in the legal challenges faced by motorcyclists and car drivers.
Fault-Based System in Tennessee
Both Tennessee and Nashville operate under a fault-based system for car and motorcycle accidents. This means that the party responsible for the accident is also responsible for the damages. However, the application of this principle can vary depending on the nature of the accident.
Motorcycle riders face unique challenges in fault-based liability cases because motorcycles are smaller and less visible than cars, and riders are more vulnerable to injury in an accident.
As a result, insurance companies may be more likely to argue that the motorcycle rider was partially at fault for the accident, even if the other driver was clearly at fault.
Visibility and Perceptions: A Rider's Challenge
Motorcyclists face unique challenges in Nashville due to their lower visibility and the public perception of motorcyclists. Motorcycles are smaller and less visible than cars, making them more difficult for other drivers to see. This can lead to accidents, especially at intersections.
Additionally, many people hold a bias that motorcyclists are reckless or irresponsible drivers. This stereotype can influence a jury's opinion in an accident case, making it more difficult for motorcyclists to recover damages.
Severity of Injuries: A Stark Contrast
Motorcycle accidents often result in more severe injuries than car accidents. This is because motorcycles lack the protective shell of a car. In a collision, riders are exposed to direct impacts, which can lead to traumatic injuries.
This increased risk of severe injuries makes it essential for motorcyclists to have an experienced motorcycle accident attorney in Nashville by their side to help them seek rightful compensation.
Helmet Laws and Their Impact on Injury Claims
Tennessee has stringent helmet laws, requiring all riders to wear helmets regardless of age. Failure to comply with the helmet law can have significant implications for injury claims. Insurance companies may argue that the rider's injuries would have been less severe if they had been wearing a helmet, which could reduce the amount of compensation the rider receives.
Additionally, the jury may view not wearing a helmet as recklessness, which could also influence their verdict on the distribution of fault. An experienced motorcycle accident attorney can help you build a strong case even if you were not wearing a helmet.
Insurance Matters: Different Stakes for Different Wheels
Motorcycle insurance policies often differ from car insurance policies in terms of coverage amounts and types. It is important to understand these distinctions, especially when negotiating settlements.
Car drivers can benefit from the expertise of a car accident attorney in Nashville to navigate these waters, while motorcyclists would benefit from the specialized knowledge of a motorcycle accident attorney in Nashville.
Contact Bart Durham Injury Law Today
While there are some similarities between motorcycle and car accidents, there are also distinct legal challenges that each type of accident presents. Whether you are a motorcyclist or a car driver in Nashville, having an experienced attorney by your side can make a significant difference in ensuring your rights are protected and you receive the compensation you deserve.
If you have been involved in a motorcycle or car accident in Nashville, Bart Durham Injury Law is here to guide you through the legal process.
Contact us today!
