Tennessee Motorcycle Accident Lawyer

Tennessee is a riding state. Long seasons, mountain roads and some of the most famous curves in the eastern United States draw riders from everywhere. When a car driver causes a crash, the injuries are usually severe, and the legal clock is short.

What does Tennessee's helmet law mean for an injury claim?

Tennessee requires every motorcycle operator and passenger to wear an approved helmet. If you were wearing one, the insurer loses an argument it often uses in other states.

If you were not wearing a helmet, the claim does not disappear. The defense may argue that some of your head injuries would have been less severe with a helmet, and that argument is weighed in the fault comparison. It does not affect injuries to your spine, legs, arms or chest, and it does not change who caused the crash. Medical experts can separate the injuries tied to helmet use from those that were not.

Who rides the Tennessee mountains, and what goes wrong?

East Tennessee's mountain roads, including the famous routes near Deals Gap and the Cherohala Skyway, attract riders who travel long distances for the curves. Those same roads produce serious crashes when drivers or riders misjudge them.

Common causes include cars crossing the center line in tight turns, drivers stopping suddenly at overlooks, gravel and leaves in curves, and wet pavement in the shade. Large groups of riders can complicate fault questions too. Photographs, helmet camera footage and statements from other riders are the evidence that usually matters most.

Visitors who are hurt here and then return home should remember that Tennessee law generally governs, including the 1-year filing period. A lawyer can handle much of the case from a distance.

How is fault split when a rider is hurt?

Tennessee reduces your award by your share of fault and bars recovery if you are 50 percent or more at fault. Bias against riders makes this the main battleground in most cases.

Consider a rider in Knoxville who is hit by an SUV making a left turn into a shopping center. The rider was traveling slightly over the limit. Damages total 200,000 dollars.

• If the jury finds the rider 15 percent at fault, the recovery is 170,000 dollars.
• If the jury finds the rider 50 percent at fault, the recovery is zero.

Drivers often claim they did not see the motorcycle. Reconstruction, photos of sight lines and damage analysis can show the motorcycle was visible and traveling at a reasonable speed. Lane position and headlight use can also matter.

Is lane splitting allowed in Tennessee?

Tennessee law does not authorize lane splitting, and riding between lanes of moving traffic gives an insurer an easy fault argument. Riding two motorcycles side by side in one lane is a different practice from passing cars within a lane.

If you were splitting lanes when you were hit, the claim may still be possible, but expect a serious fight over the percentage of fault.

What does a Tennessee motorcycle claim cover?

A claim can include medical bills, future care, lost wages, damage to the bike and gear, and noneconomic losses like pain and loss of enjoyment of life. Tennessee caps noneconomic damages in most cases, with a higher cap for catastrophic injuries.

Tennessee is an at-fault state, so the driver's liability insurer pays first. Your own uninsured and underinsured motorist coverage can help when the driver carries low limits. If a defective tire or part played a role, a claim against the manufacturer may be possible as described on our product liability page.

How do you protect your claim after a crash?

Start with medical care, then preserve the motorcycle and your gear. They are often the best physical evidence of how the crash happened.

1. Get evaluated for head, neck, spine and internal injuries.
2. Keep your helmet, jacket and boots in their damaged state.
3. Do not repair or sell the bike before it is inspected.
4. Gather contact information from riders and witnesses.
5. Mark the date 1 year from the crash on your calendar.

Our national motorcycle accident page covers rider claims more broadly. If a truck was involved, see our Tennessee truck accident page, and for the state's general rules visit our Tennessee injury law hub. We offer a free case review, and no fee unless we win.