Your eligibility for motorcycle accident compensation depends on the state you live in. In some states, riders are bound by the system of contributory negligence, and cannot get any recovery for an accident if they were even 1% responsible. Tennessee used to be one of these states, but in 1992 we abandoned contributory negligence in favor of a comparative fault system, which allows riders and drivers to recover damages based on their percentage of blame for the crash.
You Can Still Recover Damages If You Are Partially at Fault for a Tennessee Motorcycle Crash
Tennessee’s modified comparative fault system allows a person to recover damages as long as they are less at fault than the opposing party. As long as you are less than 50% to blame, you may still pursue a case against the other party. The amount of money you are awarded will likely be limited if you are partly to blame, but as motorcycle accidents may have damages in the hundreds of thousands of dollars, partial compensation can still make a big difference in your recovery.
Proving fault can be difficult in the aftermath of a crash. Many victims are not sure who was more at fault, while others may have made mistakes at the scene that make it seem as if they are to blame. The percentage of blame in all accident cases will be assigned by the jury in the case, and it will all depend on the evidence.
Some of the most important pieces of evidence in a crash case include:
- The police report. Documents from reputable third parties are usually given more weight in court than the opinions of the people involved. The account from the officers, medical responders, and witnesses on the scene can show the jury the aftermath of the crash from law enforcement’s point of view.
- Medical evidence. Reports and medical records show the extent of a victim’s injuries, including the surgeries he or she had to go through and the expected recovery times and losses the victim sustained.
- Expert testimony. Your attorney may request the testimony of medical experts to demonstrate the extent of your physical limitations after the crash and hire crash reconstruction experts to walk the jury through the crash as it happened.
Our experienced motorcycle accident attorneys can help collect and develop the facts of your case, getting you proper compensation for your injuries. To schedule a free, no-obligation consultation, please contact our injury law firm today.