Knoxville Drunk Driving Motorcycle Accidents
Someone is killed in a drunk driving accident almost once per hour across the United States. If an intoxicated driver cannot react quickly enough to swerve or slow down in an attempt to avoid an accident or to minimize the severity of the collision, serious injuries may ensue. If the drunk driver hits someone on a motorcycle, catastrophic injuries are almost a given due to the limited protections motorcycles provide their drivers. If you or a loved one was hurt in a drunk driving motorcycle accident, call Nahon, Saharovich & Trotz today for a free consultation with one of our Knoxville motorcycle accident attorneys. We are the largest plaintiff’s personal injury law firm based in Tennessee, equipped to serve clients throughout Knox County and East Tennessee.
Seeking Compensation for Serious Injuries Sustained in a Motorcycle Wreck
Motorcycle accident victims usually suffer severe injuries, especially if the driver of the other vehicle was intoxicated. Common injuries include contusions, cuts, and road rash that could lead to permanent scarring or disfigurement. Broken bones or fractures and head and brain injuries are also common injuries suffered by motorcyclists. Depending on point of impact, a motorcycle wreck can turn fatal. If you have been injured in a motorcycle accident with a drunk driver, you could be entitled to compensation for your medical bills, prescription expenses, lost wages, lost future earnings, permanent scarring or disfigurement, pain and suffering, and loss of enjoyment of life caused by the defendant’s negligence.
Who is responsible for paying these damages? If the driver of the other vehicle was intoxicated, then more than likely he will be responsible for your losses. You must, however, prove that he was negligent. If the other driver was legally intoxicated, which in Tennessee means he had a blood alcohol concentration (BAC) level of 0.08% or more, and was charged with driving under the influence, you may be able to proceed with your bodily injury claim under a theory of negligence per se. Negligence per se, or negligence as a matter of law, means that the defendant’s negligence is presumed by his violation of a safety law, here the drunk driving law.
It is important to note that a criminal conviction of the defendant’s DUI charge is not required in order for an injured motorcyclist to succeed on a drunk driving motorcycle accident claim in civil court. The burden of proof in Tennessee criminal cases (beyond a reasonable doubt) is higher than in civil cases (preponderance of the evidence), and many criminal charges are dismissed due to a legal technicality that would have no bearing on the civil injury claim.
Tennessee law requires all drivers to carry at least $25,000 in liability insurance per person for bodily injuries and $50,000 per accident in which more than one person is injured. Since motorcyclists usually suffer serious injuries requiring surgery, rehabilitation, and prolonged hospitalization and treatment, their medical bills alone may exceed $25,000. In these cases, it is especially important to contact a knowledgeable motorcycle accident attorney to help maximize your recovery. Hiring the right attorney can ensure all insurance policies are examined to determine the full extent of coverage available, in addition to reviewing your own insurance policy to ascertain whether you have underinsured motorist or medical payments coverage that can help to make you whole after a devastating accident.
Discuss Your Motorcycle Collision Case with a Knoxville Attorney
If you have suffered serious injuries as a result of a drunk driving motorcycle accident, it is important that you consult with an experienced motorcycle accident attorney who can advise you of the types of damages available under the law and any applicable insurance policy limits. Nahon, Saharovich & Trotz has recovered more than $1.5 billion in compensation for our clients’ injuries, and we will fight to get you the compensation you deserve. Don’t let the insurance company make you a small offer for a big injury. Contact us toll-free at 800-529-4004 or complete our online form for a free consultation today with a motorcycle accident attorney.