Anyone who’s ever ridden a motorcycle understands the temptation to ride without a helmet: it takes away that feeling of freedom and it’s not as easy to hear everything that’s happening. However, there’s one risk to riding without a helmet that riders may not be aware of, according to a motorcycle injury lawyer in Murfreesboro, TN.
Bikers know that bike accidents can be deadly; many have lost a friend and more often than not, the accident was the fault of the other driver. After accidents, it’s not uncommon for the driver to swear that they never saw the motorcycle. Cars cut right in front of bikes at intersections or make sudden right turns forcing bikers, hence, off the road.
The Physical and Financial Consequences of a Serious Accident
The severity of biker accidents is also well-known: head injuries are one of the most common results of a bike/car accident and can have life-long consequences. A traumatic brain injury can leave someone comatose or needing long-term rehabilitation, suffering from difficulties thinking, speaking and using their extremities.
Obviously, long-term medical treatment is very expensive. What would be the effect of this type of injury on the family?
Tennessee’s Comparative Fault Law
Imagine a hypothetical accident in which the other driver is totally to blame, causing a severe head injury to the motorcyclist; however, the biker was not wearing a helmet, as required by law. If a lawsuit if brought against the negligent driver, the state’s comparative fault law will come into play. If the injured party is less than 50% to blame, the award will be reduced by the percentage that they are to blame, but if the injured party is held to be over 50% at fault, they collect nothing.
Scenario one: the motorcyclist is awarded $500,000, but the biker is held to be 30% at fault for not wearing a helmet. The biker would collect 70% of the award, or $350,000.
Scenario two: the motorcyclist is awarded $500,000, but the biker if held to be 51% at fault for not wearing a helmet. The biker collects nothing.
Insurance companies try hard to assign blame to the victim, so talk to a motorcycle injury lawyer in Murfreesboro, TN before talking to the insurance adjuster. The law office of Gritton & Gritton PLLC is dedicated to fighting for the rights of accident victims; browse our site to learn more and request a free consultation.
