Knoxville Drunk Driving Motorcycle Accidents
Bike Crash Lawyers Serving Knoxville and Beyond
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 crash 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 crash attorney. We represent people in Knoxville and throughout Tennessee, Arkansas, Missouri, Mississippi, and Kentucky. NST is the way to go if you need a dedicated personal injury law firm in the Knoxville area to fight for your rights.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.