Sevierville Attorneys Diligently Work to Secure Compensation for Motorcycle Accident Passengers
Explaining passenger rights to clients in Pigeon Forge, Seymour, and Gatlinburg
More than 90,000 individuals are injured in motorcycle accidents each year, and many of these injuries are serious, requiring hospitalization and long-term rehabilitation. While most of these injuries involve motorcycle operators, many passengers are also represented in these numbers. The open nature of a motorcycle puts both the operator and the passenger at risk of substantial harm in the event of an accident. When injuries occur, it is important for passengers to understand their rights and secure assistance from an experienced Sevierville motorcycle injury attorney. The dedicated team at Delius & McKenzie, PLLC works diligently to assist the residents of Pigeon Forge, Seymour, and Gatlinburg when a motorcycle accident causes injury to a passenger.
Seeking compensation from all responsible parties
When accidents occur, it is common for more than one person to have some fault. As a passenger on a motorcycle, you may be entitled to appropriate compensation for your damages and injuries. However, you and your Sevierville personal injury lawyer must first figure out who is actually responsible for the accident. One way to find this information is to review the conclusions of law enforcement. Find out which driver received a traffic ticket or was arrested in relation to the accident. If an adequate investigation was completed, this information can prove very helpful in determining liability.
It is important to obtain the other driver’s information at the scene of the accident. For situations where the driver does not own the vehicle, also request the owner’s name and insurance information for claim purposes.
If the responsible party is the operator of the motorcycle you were riding, then you will need insurance information from that person as well. It is important to note that these situations can become challenging depending on the specific circumstances. If the operator is a relative or close friend, you may have a difficult time pursuing the claim or eventually filing a lawsuit if the need arises. An experienced attorney can guide you through this process with compassion and skill.
Understanding comparative fault in Tennessee
Tennessee utilizes the comparative fault doctrine, which allows an injured motorcycle passenger to seek compensation from more than one at-fault party. For example, David is a passenger on Frank’s bike. Frank neglects to keep a safe driving distance from Mark’s car and Mark is texting while driving. In a crash involving Frank and Mark, David is severely injured. He can seek compensation from Frank for operating the motorcycle in too close of a proximity to another vehicle, and he can also seek recovery from Mark for negligently texting while operating his car.
In these situations, the jury will look at the actions of each party and assign a percentage of liability. Then the total compensation award is divided between each of the responsible parties according to their percentage of fault. If the plaintiff is found to be at least 50% responsible for the accident, then the court can bar him or her from recovering any compensation. However, motorcycle passengers are generally not legally responsible for the negligent actions of the driver, so, the passenger is rarely found to shoulder any of the liability. An experienced Sevierville motorcycle accident lawyer can provide a more detailed explanation of the state’s comparative fault doctrine.
Contact Sevierville attorneys who understand motorcycle passenger rights
The Sevierville motorcycle accident lawyers at Delius & McKenzie, PLLC have the experience and knowledge to provide you with comprehensive representation within the Tennessee courts. We understand the physical, mental, and financial burdens that can accompany a motorcycle passenger injury. That is why we aggressively pursue compensation on your behalf. Call us today at 865-428-8780 or fill out our contact form to schedule a free case evaluation. We proudly serve clients in and around Sevierville, Seymour, Gatlinburg, and Pigeon Forge, Tennessee.