Injured Motorcycle Passengers

Even passengers who wear helmets may be seriously injured while riding a motorcycle in East Tennessee. When traveling at high speeds, there is little to protect a passenger from injuries, and they may need to rely entirely on the judgment of the person operating the motorcycle. Unfortunately, many drivers are not wary about the possibility of a motorcyclist on the road and drive unsafely, and some motorcyclists exaggerate their riding experience. As a passenger, you may suffer devastating injuries and incur massive medical bills through no fault of your own. If you are in this situation, Maryville motorcycle accident attorney Mark Hartsoe is ready to help you seek compensation for your injuries.

Often, motorcycle accidents are the fault of both the motorcyclist operating the vehicle and another driver. To recover damages from either party, you will need to establish liability. It is advisable at the outset to evaluate the fault of all parties to the wreck. You will need to establish by a preponderance of the evidence (more likely than not) that the defendant's unsafe driving was a cause of the accident.

Unsafe driving by a motorcyclist may include speeding, taking turns too fast, driving under the influence of prescription drugs, or running a red light. Unsafe driving by another driver may include drunk driving, fatigued driving, failing to yield the right of way, and many other actions.

After the evidence about fault and damages is presented, the jury will assign percentages of fault to each party that may be responsible. In Tennessee, a defendant will be responsible for paying an amount equal to their share of responsibility for the motorcycle crash that caused your injuries. For example, a jury may decide that the motorcyclist on whose bike you were riding was 50% responsible, and another driver was 50% responsible. If your total damages are $150,000, you may recover $75,000 from the motorcyclist and $75,000 from the other driver.

In some cases, a defective part in a motorcycle is to blame for an accident. You may be able to hold a manufacturer liable for your injuries arising out of a defective part under theories of strict liability, negligence, or breach of warranty. Defects that may be actionable in motorcycle accident cases include defects in design and manufacturing. For example, if the brakes in the motorcycle were not made according to specifications and failed to work at the time of the wreck, you may be able to sue the manufacturer for a manufacturing defect.

As an injured motorcycle passenger, you may experience significant stress after a crash. You may need to take time off work and pay for expensive medical care. If you were hurt as a motorcycle passenger, Maryville motorcycle accident lawyer Mark Hartsoe can evaluate whether you have a case and provide skillful representation. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up a free appointment. Hartsoe represents victims who are seeking a motor vehicle collision attorney in many areas of East Tennessee, such as Blount, Knox, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.