Memphis Motorcycle Accident Attorneys
In a Wreck? We’re By Your Side
Donati Law, PLLC is here to provide legal support and guidance to anyone who has been in a motorcycle accident while riding through Memphis and the surrounding area. Far too often, motorcyclists are convinced by insurance companies that they don’t have a claim, but the logic is rarely clear. If you’ve been told something similar by the other party’s insurer, then you should already be reaching for the phone to dial our lawyers at (901) 209-5500. There is no better time than right now to learn more about your rights as a motorcycle accident claimant.
Initial consultations are available. We provide legal services in English and Spanish.
Common Causes of Motorcycle Accidents
Motorcyclists are unfairly painted as people who “live recklessly” and, therefore, put themselves at risk of a crash and serious injuries. Of course, this stereotype could not be further from the truth. Most riders, just like drivers, are careful and just want to get from point A to point B safely whenever they hit the road. With this said, it might be no surprise that many motorcycle accidents are caused by reckless drivers, not motorcyclists.
A few common causes of motorcycle accidents on the streets of Memphis are drivers who:
- Turn left in front of an approaching motorcycle and without the green light.
- Change lanes or merge without checking for a motorcyclist in their blind spot.
- Approach a stopped intersection too quickly and rear-end a motorcyclist they didn’t see.
- Open their door suddenly without looking in the mirror for an approaching vehicle.
Ways to prevent a motorcycle accident:
- Wear your gear
- Avoid riding in bad weather
- Make yourself seen
- Beware at intersections
- Never speed or drive recklessly
Proving Fault for Your Motorcycle Accident
You might know the cause of your motorcycle accident, but the insurance companies and the court don’t. Part of our job as your Memphis motorcycle accident attorneys will be to look for ways to prove what happened and, therefore, prove fault. With Tennessee’s modified comparative negligence rule for motor vehicle accidents, you cannot recover any damages from the other party if you are at least 50% at fault for your crash. This rule makes it even more important for us to reduce your fault or liability as much as possible with convincing arguments and strong evidence.
We can use the following evidence and more to prove fault:
- Pictures of the crash scene
- Eyewitness testimonies
- Police reports
- Dashcam or traffic cam footage
Even your medical records can act as evidence in your motorcycle accident case. Your doctor can note when you suffered your injuries and what most likely caused them in their professional opinion. Seeing a medical provider the same day as your wreck is important both for creating evidence and for taking care of yourself.
What Compensation Can You Get from the Defendant?
The compensation you can pursue in your motorcycle accident claim or lawsuit will help you get your life back to how it was pre-injury. We can take the time to carefully calculate and maximize your damages. Next, we will look for any related insurance policies held by the defendant, which will let us pursue as much compensation as possible before hitting frustrating insurance caps that could limit your recovery.
Your compensation can help pay for:
- Medical costs (past and future)
- Lost wages (past and future)
- Pain and suffering
- Permanent impairment or disability
Can You Sue If You Didn’t Have a Helmet On?
Tennessee law requires all riders to wear a motorcycle helmet whenever operating the vehicle. However, there is no liability law that says you cannot sue a driver who hits you just because you didn’t have a helmet on. If the other driver’s mistakes caused your accident, then they should still be the party that pays for your damages.
Not wearing a helmet is a bad idea, though, so please always put one on when you are on a motorcycle. Without a helmet, you will be much more likely to be severely injured in a crash or ticketed by a passing police officer. Also, if you suffered a head injury in your crash, then the insurance company could argue that your liability should increase because you chose not to wear a helmet. As mentioned, your case will come to a full stop if your liability rises above 50%.
Bringing the Fight to Insurance Companies in Tennessee
From our offices here in Memphis, Donati Law, PLLC serves the people as trustworthy and compassionate legal professionals. After you’ve been in a motorcycle accident that leaves you seriously injured, pick up the phone and dial (901) 209-5500. A member of our team would like to hear from you, so we can see if we can help you get the compensation and justice you most certainly deserve.
Work with lawyers who have been practicing law since the ‘80s. Contact our firm now.