Knoxville Fatal Motorcycle Accidents

Tennessee has a specific wrongful death statute. For example, the claim must be asserted by the proper party. If the decedent was married at the time of the accident, the proper party is often the surviving spouse. If there is no surviving spouse, the proper party could be a number of other individuals, including a parent, child, sibling, or personal representative of the decedent’s estate. Probate issues may come into play. Failure to abide by Tennessee law could result in dismissal of the entire case. This is one reason to act quickly when consulting a fatal motorcycle accident attorney in the Knoxville area.

Once the proper party is established, negligence will normally need to be proven before any damages can be recovered. Negligence is generally the failure to act as a reasonable person would have acted given the circumstances. In Tennessee, there are four elements that must be satisfied. These are duty, breach, causation (direct and proximate), and damages. An example of negligence would be a driver traveling on Interstate 40 in Knoxville in the lane next to a motorcyclist and making a sudden and improper lane change, thereby causing the two vehicles to collide.

You should consult with an attorney who handles Knoxville motorcycle accident cases in order to understand the different types of compensation that may apply to your particular situation. In a fatal motorcycle accident case, surviving loved ones may be entitled to a variety of monetary damages for their loss. These include, but are not limited to, medical bills incurred between the date of injury and date of death, the decedent’s mental anguish and pain and suffering up until the time of death, and the decedent’s lost wages. Other damages include the decedent’s future loss of income, loss of consortium, loss of love and companionship, and funeral and burial expenses. To document and prove damages, it may be necessary to retain qualified expert witnesses.

Exploring the area around the Great Smoky Mountains and the Cherokee National Forest makes a great daytrip for residents and tourists in the Knoxville area. Motorcyclists gravitate to roads like the Cherohala Skyway, Moonshiner 28, Diamondback 226, and Devils Triangle, but one particular stretch of US-129 is perhaps the most famous destination for motorcyclists in America. This 11-mile thrill ride is known as the Tail of the Dragon for averaging nearly 30 curves per mile. An exciting and scenic afternoon can quickly turn painful and even tragic, however, if drivers and other motorcyclists are not using proper care and following traffic rules. Our Knoxville attorneys can assist you when this happens.