 |
|
Archive for April, 2012
Friday, April 27th, 2012
Because trucking accidents often result in permanent life-altering injuries or wrongful death, accident victims that are the victims of careless truck drivers and indifferent trucking companies depend on full financial recovery in a Nashville trucking accident. Some Nashville trucking accident victims do not even pursue financial compensation because they presume that they are barred from recovery. This misconception may be based on a law enforcement car accident report that attributes a portion or in some cases all fault to the victim in the car, pickup truck, or SUV.
This is a tragic outcome because the medical bills and rehabilitation costs associated with the catastrophic injuries suffered in a Nashville trucking accident can easily reach six or even sex figures. These types of injuries can also prevent one from engaging in their occupation creating a completely untenable situation with dire financial circumstance for the trucking accident victim and the victim’s family. It is important that those who are the victims of distracted truck drivers, fatigued truck drivers or poorly maintained tractor-trailers not be discouraged from pursuing a valid trucking accident claim by misinformation or a law enforcement accident report that reaches the wrong conclusion.
Law enforcement should always be summoned to the scene of a trucking accident. The law enforcement officer will investigate the trucking accident and reach conclusions regarding the cause of the accident and which driver was responsible. Even if the law enforcement report concludes that your driving conduct caused the accident, this is not conclusive in terms of your ability to recover damages for your injuries. While the legal doctrine of comparative fault may limit the amount of your damages, you may have the right to recover compensation despite a conclusion of fault by the accident report.
Tennessee is one of a number of states that applies the doctrine of modified comparative fault to determine whether you may recover for you injuries in a motor vehicle collision, including a Nashville trucking accident case. Even if you are determined to have partially caused a Tennessee trucking accident, you can still recover financial compensation for your injuries as long as your percentage of fault as determined by the judge or jury is less that fifty percent. While the amount of damages you actually receive will be reduced in proportion to your degree of fault, this is a much better outcome then choosing not to pursue a trucking accident claim because you think that you cannot recover.
If a truck driver is fatigued and fails to check the adjacent lane before moving into your vehicle, the truck driver would typically bear a degree of fault. However, you may be exceeding he speed limit, which makes it harder for you to effectively avoid the accident and may mean that you suffer more serious injuries. The finder of fact (e.g. judge or jury) would assign a percentage of fault to you and the truck driver, and your recovery would be reduced by your percentage of fault by up to fifty percent. If your damages were determined to be $200,000 with your degree of fault being ten percent, you actually recovery would be $180,000.
It is also possible that the law enforcement report got it wrong in terms of determining fault in the first place. Our experienced Nashville trucking accident attorneys know that an investigation of the tractor-trailer accident and analysis of the evidence is essential to developing a theory of liability in trucking cases. While we carefully analyze any law enforcement accident report in a trucking accident case, we do not simply accept the conclusions of the report in terms of the cause of the trucking collision. We examine our clients’ trucking accident case with fresh eyes so we may reach a different conclusion about the cause of the truck crash and liability.
If you or someone you love has been injured or a loved one has died in a Tennessee trucking accident, the Tennessee trucking accident attorneys at the Nahon Firm have the experience and expertise to handle these sophisticated motor vehicle accident cases. At the Nahon Firm, PLC, we will fight to help you win your Tennessee trucking accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville personal injury attorney to discuss the details of your case at (615) 324-2000.
Tags: nashville car accident attorney Posted in Car Accident Claims | Comments Off
Thursday, April 26th, 2012
Motorcycle accidents pose a unique risk because a rider is more vulnerable to injury in a motorcycle collision than when driving or riding in any other type of motor vehicle. The two-wheel design of motorcycles means that they are far more prone to tip over leaving the almost completely unprotected motorcyclist especially exposed to catastrophic life-altering injuries. While any motor vehicle accident victim may be vulnerable to injury, the medical and rehabilitative costs of motorcycle accident injuries can easily force a family to the brink of bankruptcy. Because incapacitating injuries of this nature may result in permanent partial or total disability, the stakes in litigation are extremely high for those injured in Tennessee motorcycle collisions.
If you are involved in a motorcycle accident in Nashville or anywhere in Tennessee, you should be vigilant about preserving evidence that may be valuable for an accident reconstruction expert. This means that you should do the following:
- Do not repair your bike because the accident reconstruction expert will need to observe all damage
- Safeguard any parts, components or other debris from the accident
- Maintain your clothes in the same condition without washing, repairing or discarding them
- Avoid any alteration or cleaning of your helmet
The insurance carrier for the driver of the other vehicle in a motorcycle accident will often fashion a defense strategy based on rider error to divert liability for the crash to someone other than the insurance carrier’ insured. Accident reconstruction experts can often use the listed items, which might seem to the typical rider to be of little value in proving or disproving key issues about how the collision occurred.
There is other critical evidence that may be important, which can easily disappear so the sooner that you can get an accident reconstruction expert to the scene the better. The accident reconstruction expert may measure distances and examine the physical characteristics of the accident scene to develop sound theories of liability.
The majority of the time those injured in motorcycle accidents will be compensated from a driver’s automobile liability insurance. Insurance providers are adept at minimizing claims so it is strongly advisable to contact one of the experienced motorcycle accident attorneys at the Nahon Firm rather than communicating directly with the insurance company. Our experienced motorcycle accident attorneys understand the types of information that insurance companies try to elicit from motorcycle crash victims that may damage a plaintiff’s motorcycle accident case.
Even if you are in only a single vehicle accident on a motorcycle, this does not necessarily mean that you do not have a valid Nashville motorcycle accident claim. Sometimes single vehicle Tennessee motorcycle accidents may be caused by design flaws in the roadways or the failure to address physical road defects in a timely fashion. In other cases, the motorcycle may have a product defect, which forms the basis for a product liability claim. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney Posted in Motorcycle Accidents | Comments Off
Wednesday, April 25th, 2012
There has been a recent trend to repeal or modify mandatory helmet laws for those who ride motorcycles over the course of the last decade. The justifications for this trend are varied ranging from concerns about individual autonomy and personal choice to theories that motorcycle helmets may increase the likelihood or severity of a motorcycle accident. The statistical evidence in states that have eliminated mandatory helmet laws for motorcycle riders suggests that mandatory helmet laws do save lives.
Some argue that motorcycle helmets cause more accidents by impairing visibility and hearing. While actual impairment of either of these senses would make it more likely that a rider would be involved in a motorcycle accident, there is simply no evidence that motorcycle helmets have this impact. Studies conducted all the way back in the 1970s to test this theory found that motorcycle helmets do not impair a rider’s vision or hearing. Since this impairment of perception is the key argument behind the notion that mandatory helmet laws make motorcycle collisions more likely, there would appear to be no basis for this conclusion.
Advocates of repealing mandatory motorcycle helmet laws also argue that wearing a helmet can increase the risk of catastrophic injuries in the form of spinal cord damage. The position that motorcycle helmets can cause cervical neck and back injuries is based on a 1984 study. While the studies conclusions were defensible at the time, helmets are substantially lighter than when the study was conducted. A more current study conducted by John Hopkins found that those who where motorcycle helmets are 22 percent less likely to suffer a spinal cord injury.
There is also an overwhelming body of evidence that motorcycle helmets reduce the likelihood of head injuries and fatalities. Approximately 41 percent of those killed in motorcycle accidents are not wearing a helmet at the time of the collision. Helmets are estimated to be 37 percent effective in preventing motorcycle accident fatalities. The results of a Crash Outcome Data Evaluation System also study found that motorcycle helmets were 67 percent effective in preventing traumatic brain injuries and that the risk of suffering a brain injury was 400 percent higher when not wearing a helmet.
The bottom line is that motorcyclists have few options to protect themselves from negligent drivers. Even if a motorcycle rider does everything perfectly, the lack of safety equipment associated with a motorcycle places riders at a serious risk of injury. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney Posted in Motorcycle Accidents | Comments Off
Tuesday, April 24th, 2012
Drivers that do not devote their full attention to the road put others with whom they share the roadways at risk, but this risk is never greater than when the vehicle being operated by a distracted driver is an 80,000 pound fully loaded tractor-trailer combination. A prominent Kentucky tractor-trailer accident in 2010 that was widely reported by the national media provides a compelling example of the life-altering impact of distracted truck drivers. The truck driver crossed into oncoming traffic before colliding head on with a passenger van. Ten vehicle occupants in the van had their joyous caravan to a family wedding instantly turned into a terrible tragedy when they died in the collision.
The Kentucky tragedy made national news when it was revealed that the truck driver had made dozens of cell phone calls prior to the collision including moments before the fatal crash. The tragedy led to a recommendation by federal safety regulators that all use of cell phones be prohibited from use when commercial drivers are behind the wheel. Although new regulations limiting cell phone use by those driving tractor-trailers may help prevent such tragedies in the future, there are still an enormous number of driving distractions that can contribute to devastating commercial trucking collisions. Some of these distractions may include:
- Eating and drinking
- Communicating on a CB
- Entering information into a GPS device
- Checking email or surfing the web
- Reaching for items in the cab of the tractor-trailer
While this is only a short list of potential distractions, the key is that even slightly diverting one’s eyes or mind from the roadway or hands from the steering wheel can have damaging long-term consequences. Despite the increased risk of driver distractions when operating a vehicle with the length and weight of a tractor-trailer, truck drivers may be tempted to engage in such activity because they spend so much time driving. A tractor-trailer takes longer to brake and to respond to steering maneuvers than a small passenger vehicle so even a brief moment of distraction can cause permanent debilitating injuries.
Sometimes evidence that a truck driver was distracted may be preserved in the black box data recorder that many tractor-trailers have onboard. The device may record sudden application of the brakes immediately before the collision which may reveal that the driver did not see an obstacle until it was too late because the driver was not paying attention. Our experienced Tennessee tractor-trailer combination attorneys at the Nahon Firm have the experience and expertise to investigate trucking accident crashes to uncover evidence of distracted truck driving. At the Nahon Firm, PLC, we will fight to help you win your Tennessee tractor-trailer accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville tractor-trailer accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville truck accident lawyer Posted in Truck Accidents | Comments Off
Monday, April 23rd, 2012
While motorcycle use is increasing in popularity, serious injuries that result from motorcycle accidents also continue to rise. While some of this increase is the result of the decision in a number of states to repeal mandatory helmet laws, the reality is that there has been little progress in making the roads safer for motorcyclists. A report prepared for the Department of Transportation in 2010 reported that motorcycle accident fatalities had doubled during the previous decade. There are many causes that contribute to serious motorcycle accidents, which may result in catastrophic injuries, including traumatic brain injuries, decapitation, spinal cord injuries, amputation injuries and wrongful death.
If a rider understands the most common causes of serious motorcycle accidents, it is easier to employ counter-measures to reduce the risk of serious injury. Almost a third of all motorcycle accidents are the result of a passenger vehicle driver not seeing a motorcycle. Because motorcycles are relatively small, it is important to avoid traveling in a driver’s blind spot and to permit a cushion so that a passenger vehicle driver that attempts to move into your established space in the adjacent lane does not collide with your or cut you off.
There are other negligent practices that cause many motorcycle crashes, including the following:
- Speeding and/or reckless drivers
- Failure to check blind spots unsafe lane changes
- Defective motorcycle components
- Drunk or drugged driving
- Inattentive driving
- Failure to repair road defects like potholes, loose gravel or other debris
When a motorcyclist is subjected to negligence by the driver of another vehicle, public entity charged with roadway safety, or a motorcycle manufacturer that produces a defective motorcycle, the consequences can be devastating. Motorcyclists involved in a collision are 25 times more likely to die and five times more likely to suffer injury than the occupant of a passenger vehicle like a car or SUV.
Because motorcycles require special knowledge and skill to ride, insurance carriers often allege that rider inexperience or error was a contributing cause of a Tennessee motorcycle collision. Our experienced Tennessee motorcycle accident attorneys at the Nahon Firm employ leading motorcycle accident reconstruction experts so that we can conduct an effective investigation of our clients’ motorcycle accidents and develop a persuasive case for settlement negotiations and trial in Tennessee motorcycle accident cases. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney Posted in Motorcycle Accidents | Comments Off
Friday, April 20th, 2012
The unique character of tractor-trailers makes for unprecedented safety issues for other motorists with whom these extremely long and enormously heavy vehicles share Tennessee roadways. While there are many factors that can play a role in a Tennessee tractor-trailer collision, there are certain safety factors that are particularly problematic. When a person in a passenger vehicle is involved in a collision with a tractor-trailer, the results will almost always be severe injury for the passenger vehicle occupant. Though tractor-trailers are involved in a disproportionately high number of collisions given how many of these vehicles are on the roadways, virtually all of the collision can be linked to a number of specific safety issues.
- Truck Driver Fatigue: Despite efforts by regulators to keep fatigued truck drivers off the road, many commercial drivers continue to violate hours of service rules resulting in drivers that are less attentive and responsive. Driver fatigue is one of the leading safety factors in most trucking accidents.
- Failure to Safely Load Cargo: When tractor-trailers are not properly loaded, the load can shift in transit causing the vehicle to tip or the driver to lose control of the vehicle. If the vehicle is overloaded, the tractor-trailer will take longer to stop and be less maneuverable. Either of these situations can result in catastrophic tractor-trailer collisions because tire blowout, rollovers and brake failure are common results.
- Inattentive Truck Drivers: Distracted driving is dangerous under the best circumstances but when a commercial driver is distracted while driving an 80,000 pound fully loaded tractor-trailer the results can be horrific. Cell phone use and other forms of distraction are common for commercial drivers because they spend such significant amounts of time in their rig. The National Highway Traffic Safety Administration (NHTSA) estimates that distracted driving may be the cause of thirty percent of trucking accidents.
- No Zones: Tractor-trailers have enormous blind spots called “no zones.” When truck drivers fail to pay attention to these areas, they can easily move into a passenger vehicle.
- Drugged drivers: While alcohol use has declined amongst truck drivers, a growing number of tractor-trailer drivers use drugs like methamphetamine so that they can continue to drive with less rest. While many commercial drivers think these drugs keep them more alert and driving better, the drugs impair driving ability and cause collisions.
- Improperly Maintained Vehicles: Tractor-trailers are supposed to be inspected before and after a run. When these inspections are not conducted, tires may blowout or brakes fail. Either of these malfunctions can result in the loss of control of the tractor-trailer.
While this is hardly a complete list of safety factors that contribute to Tennessee tractor-trailer accidents, these are some of the leading factors in Tennessee trucking accidents. At the Nahon Firm, PLC, we will fight to help you win your Tennessee tractor-trailer accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville tractor-trailer accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville truck accident lawyer Posted in Truck Accidents | Comments Off
Thursday, April 19th, 2012
Adverse weather is one of the most dangerous risk factors for motor vehicle collisions regardless of the type of vehicle. This is never truer than when riding a motorcycle. The best advice for motorcycle enthusiast is to avoid riding in bad weather. Adverse weather amplifies all of the disadvantages of riding a bike and makes riders exponentially more vulnerable to being involved in a dangerous collision. Rain, snow, fog and even strong wind can be extremely dangerous both because they may contribute to negligent driving by passenger vehicle drivers and because they make it much harder to handle one’s motorcycle.
One of the main ways that adverse weather like rain and snow put motorcyclists at risk is that it reduces traction making it more difficult to stop in an emergency. When a motorcyclist is forced to stop suddenly on a wet slippery roadway, there is a serious risk that the motorcycle may skid and fishtail. While most motorcyclists know that is a bad idea to ride in the snow, there are many motorcyclists that are not deterred by rain. The slick roadway combined with the inability of motorcyclists to slam on the brakes to begin with can make riding in the rain extremely treacherous. If it has not rained for a while, the first rains of the season also may result in additional hazards caused by the accumulation of oils in the roadway. Motorcycles are particularly vulnerable to a lack of traction because they have only two wheels.
Hydroplaning is another rain based accident risk that faces motorcyclists. Hydroplaning occurs when a layer of water separates the roadway from the treads of a vehicle’s tires so that the vehicle is essentially drifting on a layer of water rather than maintaining contact with the road surface. The lack of traction means that the driver has very limited control of the vehicle. When you hydroplane while riding a motorcycle, you effectively lose the ability to steer, brake or accelerate. Given the lack of protection if you lay your bike down or collide with another vehicle, hydroplaning on a motorcycle can result in horrific motorcycle accidents.
Fog is also extremely dangerous to ride in because motorcycles are more difficult for drivers to see even in perfect conditions. Drivers of passenger vehicles that do not see motorcyclists are a leading cause of motorcycle accidents in Nashville and throughout Tennessee. When the relatively small size of motorcycles is combined with dense fog, drivers of passenger vehicles may not even realize a motorcycle is close by until they feel the force of impact in a motorcycle collision. Fog also inhibits motorcycle riders who need more time to respond to road hazards and disruptions in the flow of traffic. The lack of visibility caused by fog can rob a motorcyclist of the critical moments needed to avert a serious Tennessee motorcycle collision.
Because of the vulnerability of motorcycles to tipping over, even riding in strong winds can cause a rider to lose control of his or her bike. The recent collision involving the former head football coach at the University of Arkansas was reportedly caused by a powerful gust of wind. Riding motorcycles can be one of the most exciting ways to get around, but you must always keep in mind that riders are far more exposed to the impact of adverse weather. Weather makes it harder for you to respond to careless drivers of passenger vehicles, especially those drivers of cars, truck and SUVs who make no adjustments to their driving behavior in bad weather. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney Posted in Motorcycle Accidents | Comments Off
Wednesday, April 18th, 2012
While it is well accepted that increased speeds often mean more collisions along with more severe injuries, it staggers the imagination to think of a forty ton tractor-trailer combination barreling down the freeway at excessive rates of speed. The physics involved with a vehicle as massive as a tractor-trailer combination meant that it is less responsive and slower to stop than other vehicles even at legal rates of speed. When these vehicles barrel down Tennessee highways at rates of speed exceeding 65 mph, the consequences can be devastating. Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) is currently studying the benefits of requiring speed limiter devices on tractor-trailers that will prevent them from exceeding 65 mph.
The study being conducted by the FMCSA confirms the common sense trucking accident safety benefits of installing speed inhibitors on commercial trucks. Results from the study revealed that speed limiting devices on tractor-trailer combinations reduce the rate of collisions involving these vehicles by fifty percent. Given that the force of impact of most trucking accidents cause severe injuries, virtually all occurring to occupants of the other vehicle, the number of catastrophic injuries and wrongful deaths that might be averted is significant.
Some commercial carriers that already use speed limiting devices have lauded the benefits indicating that they have experienced substantial improvements in safety records from use of the speed limiters installed on their fleets. These anecdotal reports are now supported by a data based study indicating the safety benefits of preventing commercial drivers from exceeding 65 miles per hour. Fortunately, many safety oriented commercial carriers support making the speed limiters standard for the entire trucking industry.
The U.S. is the only industrialized country that does not already require use of speed limiters that restrict tractor-trailer speed to 65 mph. The trucking industry may not resist this change because trucking companies currently employing this safety technology have experienced other economic benefits beyond improved safety records. The speed limiter devices have been successful in also generating savings in fuel, tire and other vehicle operation expenses. At the Nahon Firm, PLC, we will fight to help you win your Tennessee tractor-trailer accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville tractor-trailer accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Mississippi Trucking Accident attorney Posted in Truck Accidents | Comments Off
Tuesday, April 17th, 2012
Motorcycle accidents are among the most likely motor vehicle collisions to result in catastrophic injury or wrongful death because of the handling limitations of motorcycles and lack of structural protection or safety equipment to protect riders. While helmet use can reduce the probability of a severe head injury, which is the leading cause of death for motorcyclists, there are not many other safety options for Tennessee motorcyclists. The limitations on handling and structural protection afforded by bikes means that motorcycle riders are particularly susceptible to serious injury caused by other motorists. We receive many calls from motorcycle enthusiasts in Nashville and throughout Tennessee so we have tried to provide answers to some commonly asked questions below:
Who is normally the correct party against whom to pursue a claim in a Tennessee car accident?
If the motorcycle driver is injured or dies in a motorcycle accident, the driver of another car, truck or SUV that caused the collision will be the most common defendant. However, sometimes motorcycle accidents are caused by a defective motorcycle parts, poorly designed or inadequately maintained roadways or sub-standard work by a motorcycle repair shop. In such situation, there may be multiple defendants including both a careless or distracted driver and the party responsible that contributed to the unsafe bike or roadway. If the passenger on a motorcycle is injured, the passenger may also have a claim against the person operating the motorcycle.
How long do I have to pursue a motorcycle accident claim in Tennessee?
It is important to pursue your claim promptly because strict time limits apply. The statute of limitations for personal injury cases like motorcycle accidents in Tennessee is one year. This time may be tolled (suspended) in certain situations where the victim is under 18 or so severely injury that the victim is mentally incapacitated. There can be even shorter deadlines that apply if your accident was partially caused by the failure of a public entity to design or maintain the roadway in a safe fashion. Delays in seeking legal advice can also mean that critical evidence and witnesses disappear which may compromise your motorcycle accident claim. Our experienced Tennessee motorcycle accident attorneys need time to investigate the facts and analyze the applicable law governing your collision so it is never good to wait until you are close to the statute of limitations expiring.
Are expert witnesses important in motorcycle accident cases?
Our Tennessee motorcycle accident law firm frequently uses expert witnesses because they can analyze the evidence and provide understandable explanations to a judge or jury regarding the physics and mechanics of a motorcycle collision. We also often use economist and medical experts to explain the medical details of particular injuries and provide an analysis of financial losses.
What happens if my inexperience as a motorcyclist contributed to the accident?
While it is relevant that rider inexperience contributes to one’s injuries, this does not necessarily preclude someone from recovering for motorcycle accident injuries. Tennessee follows the legal doctrine of modified comparative fault. Under this liability scheme, fault by a motorcycle accident victim does not preclude recovery of financial compensation unless the plaintiff’s negligence is fifty percent or more. If you are less than fifty percent at fault, then the damage award is simply reduced by the percentage of fault assigned to you by the judge or jury.
What types of compensation may be awarded in a Tennessee motorcycle accident claim?
There are a wide range of damages that may be available in a Tennessee personal injury claim arising out of a motorcycle accident, including lost income from employment, medical and rehabilitative expenses, loss of marital services or companionship, impaired quality of life, pain and suffering, property damage, burial/funeral expenses (wrongful death cases) and punitive damages in certain cases.
These are some of the frequently asked questions we receive about motorcycle accidents in Tennessee. We invite you to read the second part of this series of FAQs on Tennessee motorcycle accidents if you have other questions. If you have other questions or require more information, the best way to obtain more specific information about motorcycle collision claims is to speak with an experienced Tennessee motorcycle accident attorney at the Nahon Firm. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Mississippi Motorcycle Accident Attorney Posted in Motorcycle Accidents | Comments Off
Monday, April 16th, 2012
This is the second installment in our series of articles designed to address specific questions that we frequently receive regarding Tennessee motorcycle accidents. Motorcycles require a special set of physical and mental skills that are not required for the safe operation of a four wheeled vehicle. Because motorcycles are less crashworthy, harder to see and less stable, motorcycle riders face a higher risk of suffering incapacitating injuries. We receive many questions from motorcycle accident victims in Nashville and elsewhere in Tennessee so we have provided answers to some of these questions below:
What if the driver that caused my motorcycle accident does not have insurance?
While the fact that the driver that hit you when riding a motorcycle does not have insurance poses difficulties, our experienced Nashville motorcycle accidents can explore other avenues for recovery. The person that struck you while driving negligently may have assets, such real property against which we can enforce a personal injury judgment. Alternatively, there may be more than one driver whose unsafe conduct contributed to the accident. If these options for recovery are not available, we may explore other potential defendants including the driver’s employer, the owner of the vehicle or other responsible third party that was not involved in the collision. There is also a chance that the roadway itself was unsafe or the bike was defective; this may give rise to a lawsuit against the government entity that designed or services the road or the vehicle manufacturer. Even if none of these options are available, we may be able facilitate a claim against your own uninsured motorist/underinsured motorist (UM/UIM) coverage.
Are injuries from motorcycle accidents really more dangerous than cars, trucks and SUV?
There is no question that statistically motorcycles are more likely to be involved in a collision, and the resulting injuries or chance of fatalities is much greater. A motorcyclist is 25 times more likely to die in a collision then someone traveling in a passenger vehicle according to the National Highway Traffic Safety Administration (NHTSA).
Do motorcycle helmets really make a difference?
Motorcycle helmets are more than 40 percent effective for preventing fatalities in motorcycle accidents for passengers and 37 percent effective for motorcycle drivers. Since a number of states began repealing their mandatory motorcycle helmet laws fatality rates in those states have consistently increased.
Does riding a motorcycle with anti-lock brakes (ABS) make a motorcycle much safer?
Braking when operating a motorcycle is much more complicated and requires greater skill than braking in a passenger vehicle. Because motorcycles have independent controls for the front and rear brakes, braking hard during an emergency can cause the brakes to lock up causing the bike to flip over. If the rider overcompensates by not braking hard enough, the rider may not stop in time to avoid a collision. ABS permit the motorcycle operator to brake hard suddenly without risk of locking up the brakes. ABS systems release brake pressure and then restores it when the motorcycle tire traction has been restored.
If you or a family member is injured in a motorcycle accident in Nashville or anywhere in Tennessee or a loved one dies, our experienced motorcycle accident attorneys at the Nahon Firm are committed to fighting for the compensation motorcycle accident victims need to recover and rebuild their lives. While we invite you to read Part III of this FAQ if you have more questions about Tennessee motorcycle accidents, the best way to obtain specific detailed information about your situation is to call us to schedule a free initial consultation. At the Nahon Firm, PLC, we will fight to help you win your Tennessee motorcycle accident case. We treat our clients with the utmost compassion and respect. Call us today and speak with a Nashville motorcycle accident attorney to discuss the details of your case at (615) 324-2000.
Tags: Nashville motorcycle accident attorney Posted in Motorcycle Accidents | Comments Off
|
|
|
|
|
|