Motorcycle Accident Wrongful Death in Nashville

A motorcycle accident become a wrongful death case when the injuries from that motorcycle accident resulted in the death of the rider or the driver of the motorcycle. If you have lost your loved one due to the negligence of someone else, contact a distinguished wrongful death lawyer who can review your case.

Role of Negligence

Even though it is illegal to operate a motorcycle on the roads of Tennessee without a helmet, establishing negligence in motorcycle accident cases can be tough. Jurors tend to hold the motorcycle drivers to a higher standard. There is no legal reason to do that, but they tend to do that. Attorneys can explain to the jury that the motorcycle rider has every right to be on the road and that the laws of safety apply to them just like they do to everyone.

They also have to walk the jury through how dangerous it is for a motorcycle to be struck by a vehicle because it is an unfair fight between a car and a motorcycle. Motorcycles need to be conscious of that and lawyers need to explain to them that those laws or rules of the road apply just as much, if not more so, to motorcycles than they do to vehicles.

Defining the Plaintiff’s Role

In general, the plaintiff is the motorcycle operator. They are hit by somebody who is changing lanes and does not see them or they are not just paying attention. Motorcyclists tend to be careful. They know that if they get in an accident, it can cause serious injuries or even death. Most of the time in a motorcycle accident, it is the other car's fault and the motorcyclist is the plaintiff.

They are similar to two-party car accident cases. There have had some manufacturing defect cases in motorcycle cases. There also have been some cases against helmet manufacturers where the helmet did not perform like it was supposed to or was not safe. In general, it is just like any normal car accident case; somebody did not follow the rules of the road.

Manufacturer Requirements

Like any vehicle, they have to make sure that the tires are good, that there is no problem or any manufacturing defect with the tires so it is not going to blow up, that the brakes work, that the throttle does not stick, and that it is operational and goes where the driver needs it to go and it stops when the driver needs it to stop.

Types of Damages

In Tennessee and in Nashville, one can obtain both economic and non-economic damages. The economic damages are going to be that person’s loss of income, medical expenses, burial expenses, and future income that they could have earned. The emotional losses are considered loss of consortium. This means, asking and calculating what the loss or death of the family member meant to their loved ones.