Sometimes life seems to hit you with multiple crises all at once, at precisely the time when you are least able to deal with it all. After representing a multitude of motorcycle accident victims in Brentwood, TN, Labrum Law Firm Personal Injury Lawyers is familiar with your predicament – we are willing to go the extra mile to make sure that you receive every dollar that you deserve.
We still get angry for our clients’ sake, and we believe that’s a good thing. We won’t let anybody take advantage of you because nobody mistreats one of our clients. Let us handle your claim while you focus on recovering your health.
Contact our trusted Brentwood motorcycle accident lawyer today to learn more or call (615) 455-3384. We offer a free initial consultation.
How Our Labrum Law Firm Personal Injury Lawyers Can Help You Win Your Motorcycle Accident Claim in Brentwood
Our Brentwood personal injury lawyer will be ready for action from the moment that you hire us. Although your claim will probably be settled out of court, we’re ready to go to trial if that’s what it takes. In fact, it is precisely our willingness to fight it out in court if necessary that prompts our opponents to issue generous settlement offers.
Following is a short list of some of the things we can do for you after a motorcycle accident in Brentwood, Tennessee:
- Issue an initial case evaluation. We might be able to do this at your initial case consultation if we get enough information from you.
- Gather evidence and interview witnesses. If we’re lucky, we might even run into “smoking gun” evidence, such as CCTV footage of the accident.
- Warn you against mistakes that might damage your claim (there are hundreds of these).
- Help you obtain medical assistance and obtain all relevant documentation, such as your medical bills and records.
- Negotiate with the opposing party. The “opposing party” is usually an insurance company.
- Determine the true value of your claim. Your claim might be worth more than you think!
- File a lawsuit. This might not be necessary, but even if it is, your claim will probably settle eventually.
We can provide you with advice and recommendations throughout our entire period of representation.
So Just How Dangerous Are Motorcycles Anyway?
Motorcyclists are 15 to 27 times more likely than motorists to die in traffic accidents, according to various sources, including the National Highway Traffic Safety Administration. Additionally, many accidents that would result in a fender-bender for a motorist will cause serious injuries to a motorcyclist. A sudden stop accident, for example, can hurl a motorcyclist into oncoming traffic.
Can I Seek Punitive Damages Against the At-Fault Driver After a Motorcycle Accident in Brentwood?
Yes, you can. Nevertheless, most Tennessee courts are very reluctant to award them. To win punitive damages, you must prove by “clear and convincing evidence” that the at-fault party acted maliciously, intentionally, fraudulently, or recklessly. A road rage incident would probably qualify, and a DUI accident might qualify.
Tennessee generally limits punitive damages to 200% of the amount of compensatory damages or $500,000, whichever is greater.
Will I Automatically Win the Case if I Prove That the Driver’s Lane Change Was Illegal?
Victory is not automatic, but proving that the defendant broke the law definitely helps your case. Nevertheless, the driver might argue that their illegal lane changes were not the cause of the accident or that the accident was mostly your fault.
Will I Lose My Claim if I Wasn’t Wearing a Helmet?
No, even though Tennessee law requires motorcyclists to wear safety helmets. Under the concept of negligence per se, your failure to wear a helmet was automatically negligent. Nevertheless, since your failure to wear a helmet almost certainly did not cause the accident, you will not lose your claim on this basis.
Nevertheless, based on the concept of “failure to mitigate damages,” a court might deny you compensation for any damages that you could have avoided by wearing a helmet (head injuries, in other words). This might add up to most of the total amount of your claim.
My Husband Was Killed in a Motorcycle Accident. Can I Seek Compensation for Myself?
Yes. Tennessee wrongful death law permits the surviving spouse to file the claim. Damages might include:
- Funeral and burial expenses,
- Medical expenses of the victim,
- Pain and suffering endured by the victim,
- Lost earnings, including future lost earnings, and
- Survivors’ loss of the deceased person’s love, care, guidance, society, and companionship.
A court will split compensation among you, the deceased’s probate estate, and certain close relatives of the deceased.
What Are the Most Common Injuries Suffered by Motorcyclists in Brentwood Open-Door Accidents?
Opened-door accidents are likely to be far more devastating for a motorcyclist than for an ordinary motorist. Some of the most common injuries include:
- Traumatic brain injury,
- Whiplash,
- Spinal cord injuries,
- Road rash,
- Bone fractures,
- Permanent disfigurement, and
- Nerve damage.
An open-door accident can injure any part of your body.
Is a Motorist Automatically Negligent if They Were Exceeding the Speed Limit at the Time of the Crash?
Yes, but they are not automatically liable. Although a speeding motorist is likely to be found liable for an accident, this is not inevitable. When a driver violates a safety law incident to an accident, Tennessee law considers it automatic negligence.
Even if the driver was negligent, their negligence might not have caused the accident. If not, the driver is not liable, even if they were.
How Much Can I Expect To Recover for My Brentwood Motorcyle Accident?
This is impossible to say without knowing more about your case. The general categories of compensation under Tennessee law include:
- Economic damages such as medical expenses;
- Non-economic damages such as pain and suffering, disability and disfigurement; and
- Exemplary (punitive) damages, if you qualify for them.
It’s more than likely that you will have to hammer out the amount of your recovery at the settlement table.
What Are “Pain and Suffering” Damages?
Pain and suffering damages are designed to compensate you for physical suffering caused by an injury. Tennessee limits pain and suffering damages to $750,000 in most instances, but $1,000,000 for catastrophic injury.
What Should I Do To Prepare To Pursue My Brentwood Motorcycle Accident Claim?
You should take the following measures (along with any other measures suggested by your lawyer):
- Photograph your injuries and any damage to your motorcycle;
- Keep all medical records and bills;
- Keep records and bills of all related expenses (such as lost wages);
- Do not sign any documents unless your lawyer advises you to do so;
- Do not apologize for the accident; and
- Set your social media profile to a high privacy setting.
Follow any other advice that your lawyer might provide.
Does Tennessee Have a Dram Shop Law?
Yes. Under a dram shop law, someone injured in a DUI accident can sometimes sue the bar or nightclub that provided them with alcohol. In Tennessee, you can only do this if the vendor sold alcohol to an underage or obviously intoxicated person, and you can prove “beyond a reasonable doubt”’ that the sale of alcohol caused your injuries.
This restriction makes Tennessee one of the most difficult places in the nation to win a dram shop lawsuit. Nonetheless, we will be sure to pursue one in your case if possible.
What Are Some Common Injuries That Result From “Sudden Stop” Motorcycle Accidents in Brentwood, TN?
Motorcyclists are at far greater risk than motorists in a sudden-stop accident. Some of the most common injuries are:
- Brain injury (especially if the motorcyclist was not wearing a helmet),
- Spinal cord injuries,
- Permanent disfigurement,
- Bone fractures, and
- Paralysis
Failure to wear a helmet is particularly deadly in sudden stop accidents.
Can I Win a Claim Against an Employer for an On-Duty Driver’s Negligence?
Yes you can, at least if:
- The accident was mostly the fault of the employee driver;
- The driver was acting within the scope of his duties at the time of the accident; and
- The driver was an employee of the company—not an independent contractor.
The legal doctrine of respondeat superior allows you to sue both the employee and the employer under these circumstances.
Can I Sue the Manufacturer if My Motorcycle Accident Was Caused by a Defect in the Vehicle That Stopped Suddenly?
You can assert a claim against the manufacturer of a defective vehicle component under Tennessee product liability law. You will have a good case if you can prove that the component was defective and unreasonably dangerous and that the defect actually caused the accident.
Will I Lose My Claim if I Was Lane-Splitting at the Time of the Accident?
Not necessarily, although lane-splitting will put you at a disadvantage because it is illegal under Tennessee law. You can still try to prove that your lane-splitting did not cause the accident.
Do Your Brentwood Motorcycle Accident Attorneys Charge by Billable Hours?
No, we charge on a contingency fee basis. That means no upfront fees and no fees at all unless we win your claim. If we win, as we almost always do, we will charge you based on a pre-agreed percentage of your compensation. You don’t need a dime to hire us.
Are Lawsuit Settlements Taxable?
Mostly not. Although you may incur some tax liability, your tax burden will probably be minimal unless you win punitive damages. Punitive damages are taxable as ordinary income.
Contact a Brentwood Motorcycle Accident Lawyer Today for a Free Case Review
Here at Labrum Law Firm Personal Injury Lawyers, we have only one definition of “winning” – money in your bank account.
Anything else is just conversation. We win the vast majority of our cases, and almost all of these are out-of-court settlements, not trial verdicts. Call us today at (615) 455-3384 or contact us online to schedule a free consultation with our experienced Brentwood motorcycle accident lawyer.
