Jonesborough, TN Motorcycle Accident Lawyer
Motorcycle accidents can be physically, financially, and emotionally devastating. In comparison to car accidents, severe injuries are ten times more likely with motorcycle crashes, and injuries cost approximately twice as much to treat.[1] If you were involved in a motorcycle accident that resulted from the negligence of another party, you deserve to be compensated for the damages they caused.
Motorcycle accidents in Jonesborough are often more complicated than other types of accident and personal injury cases. At the Law Offices of Mark T. Hurt, we have over three decades of experience in representing clients in motorcycle accident and other injury cases. We understand Tennessee law, are knowledgeable about the local court system, and have significant experience in obtaining full and fair compensation for clients both in settlements and at trial. When you hire our firm, we can use our skills and experience to fight tenaciously to protect your rights.
What Are Common Causes of Motorcycle Accidents?
Each year, nearly five thousand motorcyclists are killed in tragic accidents along busy roadways such as Highway 321. Many of these accidents resulted from the wrongdoing and negligent conduct of another party.
Tennessee drivers have an obligation (also known as a duty of care) to reasonably avoid accidents when possible. If an individual fails to uphold this duty, accidents are likely to occur, and they may be held liable for any injuries caused by the collision. Some of the common reasons for motorcycle accidents in Jonesborough include:
- Distracted Driving
- Intoxicated Driving
- Driving Aggressively
- Excessive Speeding
- Failure to Follow Traffic Laws
- Left-Turn Violations
- Failure to Stop
Regardless of what caused the accident, motorcycle crash injuries are often severe, requiring extensive, or even permanent, care. If someone failed to exercise proper care and caused your motorcycle accident, they should be held responsible for their negligent actions.
For over three decades, we have assisted injured clients and families in seeking compensation, and have helped clients recover millions of dollars in compensation for injuries including:
- Brain and Spinal Cord Damage
- Road Rash
- Fractured and Broken Bones
- Herniated Disks and Back Injuries
- Complete or Partial Paralysis
- Severe Abrasions
- Ligament Injuries
- Amputations
- Loss of a Loved One
If you were injured or lost a loved one in a motorcycle accident, Mark Hurt can provide you with guidance, help negotiate a settlement, or fight for a favorable outcome in court.
What Should I Do If I Am Injured in a Jonesborough Motorcycle Accident?
Negotiating a settlement or seeking damages in court requires compiling substantial amounts of information. Typically, the more evidence you have, the stronger your case may be. If you or a loved one are involved in a motorcycle accident, it is important to begin gathering evidence as soon as possible. The following are a few steps that should be taken right away:
- Contact the police while at the scene
- Record witness names and phone numbers
- Take photos of anything that may be relevant (skid marks, involved automobiles, injuries, riding equipment, etc.)
- Obtain a police report
- Seek immediate medical attention
- Call an experienced Tennessee motorcycle accident attorney
We can assist in matters concerning crash scene investigation and interviewing witnesses. If necessary, we can also retain a crash scene expert to determine exactly how an accident occurred, and to help prove legal fault.
Don’t Get Taken by an Insurance Company
Insurance companies typically bear the responsibility of paying a settlement or a jury verdict for some or all of the damages attributed to their insured (i.e. the driver causing the crash). These companies look for any reason to avoid providing fair compensation, even if it requires claiming that an innocent victim is responsible.
As soon as possible after a crash, insurance companies for the responsible driver often attempt to get a recorded statement from the injured motorcyclist to “document the case.” What they are really trying to do is to get the crash victim to provide a statement against the victim’s own interests – such as to admit some fault or to say that their injuries are not all that severe.
It is important to remember that you should not give a recorded statement, sign any documents, or accept a settlement from an insurance company (including your own) without first speaking with an experienced personal injury attorney. If involved in a serious motorcycle accident, we can work with insurance companies on your behalf. If you are deposed by the insurance company, we will be there by your side; otherwise, you don’t have to answer their questions; we will provide any information that is necessary.
Within the legal community, it is well known that individuals represented by legal counsel often receive higher settlement offers from insurance companies. This is because many insurance adjusters will try to take advantage of motorcycle accident victims who are inexperienced in properly handling a claim. As a skilled Jonesborough motorcycle accident lawyer, Mark Hurt can help protect you from insurance practices and tricks and demand full and fair compensation for all of your damages in seeking the maximum settlement possible.
How Much Does an Experienced Tennessee Motorcycle Attorney Cost?
If you are struggling to pay bills and medical expenses after a motorcycle accident, you may be wondering how much it costs to hire a personal injury lawyer. At the Law Offices of Mark T. Hurt, the simple answer is that you will not pay a fee unless we recover compensation for you. This is known as “contingency fee” representation, as our fee is contingent upon obtaining compensation.
Contingency fees are equal to a percentage of the amount that is recovered through a settlement or jury award. This percentage is usually based upon whether a trial occurs. Because the fee is dependent on the victim being compensated, a client is not responsible for paying a fee unless damages are recovered.
Not only do we represent clients on a contingency-fee basis, we also cover all litigation expenses while litigation is ongoing (typically, these expenses will be subtracted from the settlement or award and such advanced costs are then repaid to our firm). Prior to commencing representation, we provide prospective clients with a detailed fee agreement that will govern the representation. This document lays out our fees in simple, plain language, and we are happy to answer any questions that you may have.
Do Not Wait to Seek Help
When dealing with a motorcycle accident claim or lawsuit, time is of the essence. Tennessee law imposes a strict one-year deadline, known as the statute of limitations, on all personal injury claims.[4] The statute of limitations typically begins running on the date of the accident; however, the are some excepted situations that can result in the one-year deadline being tolled until a later date. Specifically, you may be able to file a claim at a later date if:
- The injuries are not initially readily discoverable. In cases where an injury may not be immediately apparent, the statute of limitations will be determined from the date in which the victim discovered the injury or should have reasonably known about it.
- The victim is a minor. The statute of limitations will not begin running until the child’s eighteenth birthday.
- The person is mentally disabled and/or legally incompetent. The deadline will be tolled until the person recovers from their impairment and is capable of making sound decisions. A court will make a determination regarding whether a person is competent.
If you do not meet one of these exceptions and fail to file suit prior to the statute of limitations, you will be barred from bringing a claim and seeking damages in court.
What Can I Recover If I Was Injured in a Motorcycle Crash?
Each year, motorcycle accidents cost Americans approximately $16 billion. Under Tennessee law, injured motorcycle accident victims are entitled to seek compensation for the full value of their damages, including:
- Pain and Suffering
- Motorcycle Repairs or Replacement
- Lost Wages
- Medical Expenses
- Ambulance Fees
- ER Care
- Physical Therapy
- Mental Distress and Anguish
- Long-Term Care Costs
- Disfigurement
- Permanent Disability
If you lost a loved one in a motorcycle accident, it may be possible to file a wrongful death lawsuit. To prove this type of case, Tennessee law requires that you show that:
- The victim died as a result of the crash;
- There was negligence on the part of the defendant; and
- The defendant’s actions were the primary cause of the person’s death.[7]
If successful, you may be entitled to recover damages for the following:
- Reasonable Burial and Funeral Expenses
- Lost Current and Future Earnings
- Loss of Life Enjoyment
- Lost Benefits
- Physical and Mental Suffering
- Loss of Companionship and Consortium
Other damages may potentially be recoverable depending upon the facts and circumstances of the case.
Call the Law Offices of Mark T. Hurt to Schedule a Free Consultation!
At the Law Offices of Mark T. Hurt, we are committed to fight for the rights of any individual who has suffered any injury due to the negligent actions of another person, as well as for the families who have lost a loved one.
During your free consultation, Mark Hurt can evaluate your case, assess the strength of your claims, and explain the potential types of damages to which you may be entitled and how we can help.
[1] Direct medical cost of motorcycle crashes in Ontario, CMAJ, https://www.cmaj.ca/content/189/46/E1410.
[2] Motorcycle Safety, National Highway Traffic Safety Administration, https://www.nhtsa.gov/road-safety/motorcycle-safety.
[3] Tennessee Traffic Crash Data, Tennessee Department of Safety & Homeland Security, https://www.tn.gov/content/dam/tn/safety/documents/CountyCrashRankings.pdf.
[4] Tennessee Code § 28-3-104
[5] Increasing Federal Funding Flexibility and Identifying Research Priorities Would Help Support States’ Safety Efforts, U.S. Government Accountability Office, https://www.gao.gov/products/GAO-13-42.
[6] Increasing Federal Funding Flexibility and Identifying Research Priorities Would Help Support States’ Safety Efforts, U.S. Government Accountability Office, https://www.gao.gov/products/GAO-13-42.
[7] TN Code § 20-5-106.