Chattanooga Personal Injury Attorneys

How Motorcycle Helmets Affect Your Accident Case

How Motorcycle Helmets Affect Your Accident Case

If you were in a motorcycle accident but not wearing a helmet, can you still collect damages from the at-fault driver?

This is a question that comes up quite often when clients are discussing their cases. In brief, the answer is “Yes, but with a very important restriction.”

How Motor Vehicle Laws Impact Accident Claims

First, the motor vehicle laws in Tennessee and Georgia require that anyone riding a motorcycle must wear a helmet. Not wearing a helmet has no bearing on your right to sue for damages because the accident would have happened regardless of what you were or were not wearing.

Although not wearing a helmet will usually result in nothing more than a traffic citation, not wearing a helmet can influence your lawsuit for personal injury damages after an accident.

Both Tennessee and Georgia have adopted a legal doctrine known as the “premodified comparative negligence, 50% bar rule.” This doctrine can be quite complicated but can be explained in general terms as follows.

If you were injured in an accident, you have the right to seek damages from the person who caused the accident even if you were partially at fault. However, if the jury that hears your case finds that you were partial to blame for the accident, any damages that you are awarded will be reduced by the percentage of your contribution to the accident.

How Premodified Comparative Negligence May Impact Your Claim

For example, you were in a motorcycle accident and not wearing a helmet. The jury hearing your case awards damages of $100,000 but determines that you were 40 percent to blame for that accident.  In the end, you will receive only $60,000 in damages ($100,000 – 40% = $60,000).

If that same jury determined that you were 60 percent responsible for the accident, you would receive nothing. The law in Georgia and Tennessee prohibit awarding damages to anyone responsible for 50 percent or more of the accident.

Determination of negligence in motorcycle accident cases can be difficult since there are factors that must be considered but aren’t always in a police report. Questions of negligence in motorcycle accident cases should always involve a motorcycle accident attorney with experience in such matters.

If you or a loved one has been injured in a motorcycle accident, contact Dennis & King today for your free consultation.

By |2022-03-14T19:31:18-04:00January 12th, 2017|Accidents|0 Comments
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In almost all personal injury claims, insurance companies will offer you significantly less than what you deserve. It’s tempting to accept the first offer, especially if you are in a great deal of pain and unable to return to work. But if you’ve already taken a devalued settlement from the insurance company and your medical bills start to pile up, there’s little legal recourse to ask for more. That’s why it’s crucial to involve a Chattanooga personal injury lawyer before you even file a claim.

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Chattanooga car accident lawyers Tricia Dennis and Russell King have recovered millions of dollars in Georgia and Tennessee for car and motor vehicle accident victims like you.  If you or a loved one has been injured and need help with your medical bills, then you have come to the right place.   Auto accident victims and their family members in East Tennessee and North Georgia can confidently rely on the experienced auto accident attorneys at Dennis and King. We are the law firm that has compassionately, yet effectively, helped victims and their loved ones navigate the aftermath of difficult situations.

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Truck accidents in the United States are on the rise. Recent statistics show that almost 150,000 people are injured in truck accidents each year, and 6,000 people are killed. The regional area of Georgia and Tennessee is a crossroads and a center for car manufacturing, river traffic, and other industries. Large trucks, semi-trucks, 18-wheelers, and other commercial vehicles are constantly on the road. This has a downside as frequent truck accidents occur on I-75, I-24, I-59, Highway 153, U.S. 27, Amnicola Highway, Corridor J, and other roadways. If you or a loved one has been injured in a Georgia or Tennessee truck accident, you may be eligible for substantial compensation.

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Experienced Chattanooga motorcycle accident lawyers Tricia Dennis and Russell King are avid fans of motorcycles, but they also realize how serious motorcycle accidents can be. With over 75 years of combined experience, Dennis and King Injury Law knows the legal process to achieve fair compensation for motorcycle crash victims. Contact one of our lawyers today to learn more about how to start your motorcycle accident claim.

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Under both Tennessee and Georgia law, ATVs are not authorized for use on paved road, but children continue to bring ATVs on to our roads and highways. Georgia and Tennessee laws also prohibit the carrying of passengers on most ATVs, require children below the age of 16 to take approved ATV training courses, and require kids younger than 16 to wear helmets, eye protection, and over-the-ankle boots when operating ATVs. However, these requirements apply only when ATVs are operated on public lands, leaving kids essentially without protection when riding ATVs on private property.

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The most tragic type of bicycle crash is a bike-car collision. Cyclists are completely defenseless traveling on 30-pound bikes when they’re surrounded by 3,000-pound cars and trucks racing by them. Pedestrians, defective bike parts, recalled bike helmets, and other ineffective bicycle safety equipment can also cause bicycle accidents. Bike accidents can result in wrongful death or serious injuries such as broken bones, amputation, traumatic brain injury, neck, back, and spinal cord injuries.

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One of three factors usually cause boat accidents: an inexperienced boater, an intoxicated operator, or a boat malfunction. More than a third of both fatal and non-fatal boat accidents are alcohol-related. It is estimated that boat operators with a blood alcohol content of .10 or higher are 10 times more likely to be injured or killed in a boat accident than sober operators.

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No one ever expects a family member or friend to be the victim of abuse or neglect in a nursing home. However, abuse and neglect do occur every day and in many ways.

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Premises Liability

Premises liability is a vital facet of personal injury law, placing responsibility on property owners for maintaining a safe environment. When accidents occur due to negligence or hazardous conditions on someone’s property, victims have the right to seek compensation. This encompasses incidents like slip and falls or inadequate security leading to assaults. Dennis and King excel in handling these complex cases, tirelessly pursuing justice for our clients.

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  • First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
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