Motorcycle Crashes Near Driveways

Motorcyclists face many risks, and if they are struck by a larger vehicle or encounter a hazard on the surface of the road, the injuries that they sustain may be catastrophic. Often, riders in East Tennessee are particularly at risk when cars or trucks enter the roadway from a private or commercial driveway, or when they turn into a driveway. If you have been hurt in this type of wreck, Maryville motorcycle crash lawyer Mark Hartsoe is ready to aggressively assert your right to compensation.

Under Tennessee law, anyone driving onto a roadway from a private driveway or making a turn into a private driveway is supposed to use reasonable care for the safety of others when doing so. A driver should look to see whether anyone is coming and determine whether they have enough time and space to enter the road safely. Failing to take reasonable precautions, such as looking both ways, is likely to be considered negligent and a basis for liability if injuries result.

In many cases, drivers will claim that they did not see a motorcyclist. Since motorcycles take up less space on the road, drivers often miss their presence. This is usually not a valid excuse. In some cases, a driver's view may be restricted by shrubbery around the driveway or other parked cars. However, a driver should only edge out of the driveway until they can see the entire road.

Defendants in motorcycle wreck cases often argue that the motorcyclist was negligent as well. Tennessee follows the doctrine of modified comparative negligence. A motorcyclist's damages will be reduced by an amount equal to their proportion of fault if they were 49% or less responsible for the crash. If a motorcyclist is found 50% or more at fault, they are completely barred from recovering damages. This stark difference in potential outcomes makes it particularly important to consult an experienced motorcycle crash attorney like Mark Hartsoe, who can develop a sophisticated strategy and vigorously push back against allegations that you were negligent.

In some of these cases, a property owner may bear some responsibility for creating an obstruction that makes it difficult for a driver trying to turn onto a roadway. For example, a poorly placed or overgrown bush that blocks a driver's view of the roadway, or makes it so that the driver would not be able to see a motorcyclist, should be fixed. A property owner that creates a hazard for people on the road or knows about a hazard may be held liable for negligence.

Motor vehicle collision lawyer Mark Hartsoe can represent you with dedication and tenacity if you have been struck by a careless driver. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up a free consultation with Maryville motorcycle crash attorney Mark Hartsoe. He assists victims throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.