For many people, riding motorcycles is a thrilling experience, akin to flying. With the delightful sense of freedom, however, comes elevated risk. The same elements that make motorcycle riding exciting and pleasurable — the wind, the sense of speed, the lack of enclosure — are the factors that make you more vulnerable to injury. Without the cage of the automobile around you, you are five times more likely to suffer serious, even catastrophic, injuries as the result of a traffic accident than drivers of other motor vehicles.
At Cummings Law, located in Nashville, we understand how devoted to their motorcycles enthusiasts are and why they remain undeterred by the statistics stacked against them. Brian Cummings, an accomplished motorcycle accident attorney, is committed to protecting your right to ride your motorcycle safely, without being victimized by inattentive, reckless drivers. Motorcyclists are, unfortunately often prejudged as daredevils. This makes it all the more critical for you to seek excellent legal counsel if you have been seriously injured in a motorcycle accident. If someone else is responsible for your motorcycle accident in Nashville, the Vanderbilt hospital area or Middle Tennessee, you should call on Cummings Law. With our winning combination of knowledge, experience, and skill, our personal injury attorneys will level the judicial playing field and fight tirelessly to win you substantial compensation.
Risks of the Road Have Increased for Everyone, but Especially for Motorcyclists
Because there are more cars on the road and increasing rates of substance abuse and distracted driving, there is an increased danger for all drivers. Motorcyclists are at greater risk, not only because of their lack of a metal enclosure but because their vehicles are much smaller and less visible than others. It is much easier for a motorcycle to occupy a motorist’s blind spot or for a motorcycle, with its single headlight, to be less visible to other drivers, particularly at night or in bad weather. Also, because motorcycles have only two wheels, they can become unbalanced quite easily and motorcyclists must maneuver carefully to keep them on an even keel. Even with helmets and protective closing, motorcyclists are much more prone to injury in what for two cars might be simply a fender bender.
Reasons for Motorcycle Accidents in Nashville, TN
In spite of the fact that many motorcycle accidents are the fault of car drivers who pay little attention to the fact that there are smaller, less visible vehicles on the road, almost a quarter of motorcycle accidents are solo events, involving a motorcyclist collision with a side rail, tree, or animal. It should be remembered though that many so-called “solo” accidents actually occur because a motorist cuts off a motorcyclist or recklessly causes the motorcyclist to lose balance, resulting in the cyclist’s loss of control. You should also remember that if you are injured because of a poorly lit or poorly maintained road (e.g. a giant pothole, a spill that has not been cleared or marked as dangerous), we may be able to sue the government agency responsible for road maintenance.
Cummings Law Will Fight Hard to Get You the Compensation You Deserve
Whatever type of injury you have suffered in a motorcycle accident for which someone else was to blame, Cummings will take over all legal and insurance aspects of your case so that you can take the time you need to recover. We can win appropriate damages for you whether you are sidelined by a simple fracture or a traumatic brain injury, serious whiplash or a paralyzing spinal cord injury.
When you have your initial consultation with us, we will listen patiently and with empathy to your account of the accident and determine whether you have a viable case. Once we are convinced that we can hold another party responsible for the harm you have suffered, we will collect any physical evidence, photograph the accident site, accumulate all available documentation, such as police and medical data, and interview any witnesses. Then we will plan a legal strategy tailored to the particular circumstances of your case so we have the best chance of winning substantial damages for you and your family. You’ll be glad to know that Cummings Law has a track record of winning significant damages for our clients and that we will never collect a fee from you unless we are successful in doing the same for you.
Types of Compensation
In most cases, there are two kinds of compensation you can receive for personal injuries: economic and non-economic.
Economic damages are designed to reimburse financial costs that have been paid by the plaintiff, or will have to be paid in the future, including:
- Medical, surgical, and rehabilitative expenses
- Out-of-pocket medication costs
- Psychological counseling
- Lost wages, present, and future
- Costs related to long-term disability
- Property damage (e.g. your motorcycle or smartphone)
Non-economic damages are reimbursements for consequences of the accident to which it is more difficult to assign monetary value, such as:
- Pain and suffering
- Impairment or disfigurement
- Loss of limb
- Loss of sight or hearing
- Loss of consortium or companionship
- Loss of enjoyment of life
Brian Cummings is experienced at determining non-economic damages based on strict legal guidelines. Though the real costs of non-economic damages are incalculable, at least receiving this compensation will give you a sense that your losses are being acknowledged and justice is being served.
Punitive damages are only awarded in cases in which the defendant’s behavior is particularly egregious — malicious, intentional, fraudulent or reckless. If the party responsible for your injury and pain was impaired by drugs and alcohol, and texting while driving, for example, punitive damages might be awarded. Punitive damages are designed both to punish the offender and to prevent others from behaving in a similarly abhorrent manner.
Determining Fault in A Motorcycle Accident
The laws determining fault in traffic accidents differ from one state to the other, so it is essential that you have a Tennessee motorcycle accident attorney working on your case. Brian Cummings has in-depth knowledge of Tennessee Modified Comparative Fault law which works as follows: Both parties may be found partially at fault for the motorcycle accident. As long as you are found to be less than 50 percent responsible for the crash, you are entitled to receive some compensation, but that compensation will be lessened to reflect your percentage of responsibility. To illustrate, if you are found to bear 10 percent of the responsibility for the accident and the court awards you $1,000,000, you will receive $900,000 (the awarded damages minus 10 percent). The only catch is that if you are found to be 50 percent or more responsible for the motorcycle accident in Tennessee, you will receive nothing in damages.
Contact Our Nashville Motorcycle Accident Lawyer
If you are seriously injured in a motorcycle accident in Middle Tennessee and another party is to blame, be smart and reach out to Cummings Law in Nashville. Brian Cummings has the keen and aggressive skill set required of a successful personal injury litigator and will not take your case unless he is confident he will win. You can contact our office by phone or by filling out a form on our website.