Motorcycle accident
Motorcycle Accident Attorneys in Knoxville, Tennessee
The firms in this guide
- Nichol & Associates (H. Douglas Nichol P.C.) Call Nichol & Associates (H. Douglas Nichol P.C.): (865) 588-7465
- The Law Office of Stephen A. Burroughs Call The Law Office of Stephen A. Burroughs: (865) 525-3773
- The Lawyers of Brown and Roberto Call The Lawyers of Brown and Roberto: (865) 691-2777
- Garza Law Firm Call Garza Law Firm: (865) 351-3135
- Wykoff & Sikes, PLLC
1. Nichol & Associates (H. Douglas Nichol P.C.)
Practice Focus: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, personal injury, asbestos and mesothelioma claims
Case Types Handled: Motorcycle accidents, car accidents, truck accidents, pedestrian accidents, other personal injury cases, asbestos exposure and mesothelioma claims
Legal Services: Personal injury claims across a range of case types, with attorneys who each have a specific practice focus
Background: Nichol & Associates is a Knoxville personal injury firm founded by attorney H. Douglas Nichol, and its homepage cites more than 60 years of experience.
Location: 109 S. Northshore Dr., Suite 404, Knoxville, TN
Contact: (865) 588-7465 | https://www.nicholassociates.com/
Consultation: Contact the firm for a case review
2. The Law Office of Stephen A. Burroughs
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, medical malpractice, slip and fall, nursing home malpractice, animal attacks, wrongful death
Case Types Handled: Left-turn accidents, lane change accidents, rear-end collisions with motorcycles, head-on motorcycle collisions, multi-vehicle motorcycle accidents, drunk driver vs. motorcycle accidents, distracted driver vs. motorcycle accidents, intersection motorcycle accidents, highway motorcycle accidents, uninsured motorist motorcycle accidents
Legal Services: Negligence investigation, accident reconstruction, witness interviews, police report analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Stephen Burroughs founded the firm in 1999 and has been serving injured Tennessee citizens for over 25 years. He graduated from University of Tennessee College of Law and began practicing personal injury law immediately after licensure. Over the years, he has helped thousands of injured clients recover millions of dollars. Recognized by Who’s Who Directories as one of the Top Attorneys in North America. Repeatedly voted by citizens of Knoxville as one of the area’s distinguished attorneys in plaintiff injury litigation. The firm has extensive experience in litigating all types of personal injury cases before the courts in Knoxville and Knox County, with knowledge of local court rules and Knox County judges.
Location: 9111 Cross Park Drive, Suite E-100, Knoxville, TN 37923
Contact: (865) 525-3773 | https://easttnlawyer.com
Consultation: Free case evaluation available, no fee unless case is won, contingency fee arrangement
3. The Lawyers of Brown and Roberto
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, workers’ compensation, personal injury, catastrophic injuries
Case Types Handled: Left-turn accidents, lane change accidents, rear-end collisions with motorcycles, head-on motorcycle collisions, multi-vehicle motorcycle accidents, drunk driver vs. motorcycle accidents, distracted driver vs. motorcycle accidents, highway motorcycle accidents, intersection motorcycle accidents, uninsured motorist motorcycle accidents
Legal Services: Negligence investigation, comparative fault defense, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, punitive damage claims
Background: The firm has been representing accident victims since 1979 and has recovered more than $50 million for clients. Rated 10 out of 10 on Justia. Recognized among America’s Top 100 Attorneys. The attorneys understand the unique challenges motorcyclists face, including bias from insurance companies and the uphill battles in getting respect and attention from insurers. The firm focuses on ensuring the truth comes out for motorcycle accident victims and fighting against insurance company tactics to minimize claims.
Location: Knoxville, Tennessee (serves Knox County and surrounding areas)
Contact: (865) 691-2777 | https://www.brownandroberto.com
Consultation: Free consultation available, no fees unless compensation is recovered, contingency fee arrangement
4. Garza Law Firm
Practice Focus: Motorcycle accidents, DUI defense, criminal defense, personal injury, product liability, vehicle defects, wrongful death
Case Types Handled: Left-turn accidents, lane change accidents, rear-end collisions with motorcycles, head-on motorcycle collisions, multi-vehicle motorcycle accidents, drunk driver vs. motorcycle accidents, distracted driver vs. motorcycle accidents, defective motorcycle accidents, motorcycle product liability claims, safety recall cases
Legal Services: Negligence investigation, product recall investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Garza Law is a Knoxville-based firm handling motorcycle accident cases with a focus on both negligent driver accidents and motorcycle product defects and safety recalls. The firm investigates safety recalls investigated by the National Highway Traffic Safety Administration or vehicle manufacturers. The attorneys understand that Tennessee motorcycle insurance laws differ from automobile insurance laws and provide guidance on applicable state laws. Evening and weekend appointments are available to accommodate client schedules.
Location: Knoxville, TN
Contact: (865) 351-3135 | https://garzalaw.com
Consultation: Free consultation available, no retainer required, contingency fee arrangement (no payment unless damages are awarded)
5. Wykoff & Sikes, PLLC
Practice Focus: Motorcycle accidents, car accidents, truck accidents, wrongful death, catastrophic injuries, personal injury
Case Types Handled: Left-turn accidents, lane change accidents, rear-end collisions with motorcycles, head-on motorcycle collisions, multi-vehicle motorcycle accidents, drunk driver vs. motorcycle accidents, distracted driver vs. motorcycle accidents, intersection motorcycle accidents, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents
Legal Services: Negligence investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, comparative fault defense, helmet law analysis
Background: The attorneys at Wykoff & Sikes, PLLC bring 50+ years of combined legal experience to motorcycle accident victims and their families in Knoxville, Tennessee. The firm serves clients throughout East Tennessee, including Chattanooga, Johnson City, Sevierville, and Crossville. The attorneys help clients navigate the complex legal system after motorcycle accidents and strive to pursue favorable settlements. The firm emphasizes a results-driven and compassionate approach, guiding clients throughout the entire legal process from the day of the crash to maximize recovery.
Location: Knoxville, Tennessee (serves East Tennessee region)
Contact: Contact via website | https://wykoffandsikes.com
Consultation: Free consultation available, contingency fee arrangement
Helmet Standards, Scene Duties and Wrongful Death Claims for Knoxville Motorcycle Crashes
A Knoxville motorcycle crash claim can raise which helmet Tennessee law accepts for riders 21 and older, what the other driver had to do at the scene and the penalties for leaving, and the insurance evidence an officer requests at a reportable crash. Tennessee law also decides who brings a wrongful death claim and when a parent’s recovery is held back.
Helmet Standards
Under Tennessee Code 55-9-302(a), the driver and any passenger must wear a crash helmet meeting 49 CFR 571.218, or, if 21 or older, a helmet that meets that standard except that ventilation airways no larger than one and one-half inches may penetrate the shell, the protective surface need not be a continuous contour, and a label shows compliance with ASTM, CPSC, SIRC or Snell requirements. Under (b), the listed exceptions include enclosed cabs, fully enclosed autocycles and parades at no more than 30 miles per hour for riders 18 or older.
A Driver Who Leaves
Under Tennessee Code 55-10-101, the driver in a crash causing injury or death on a highway or premises frequented by the public must stop and remain until meeting the duties in 55-10-103; a violation is a Class A misdemeanor, and a Class E felony when the driver knew or should reasonably have known that death resulted. Under 55-10-102(b)(1), failing to stop after a crash with apparent property damage of $1,500 or less to others’ vehicles or property is a Class B misdemeanor.
Insurance Evidence at the Scene
Under Tennessee Code 55-12-139(b)(1), at a crash for which notice is required under 55-10-106, the officer must request evidence of financial responsibility from all drivers involved, without regard to apparent or actual fault.
When a Rider Dies
Under Tennessee Code 20-5-106(a) and 20-5-107(a), the right of action passes to the surviving spouse and, if there is none, to the children or next of kin, and the personal representative or the surviving spouse may bring the action, with the recovery free from creditors’ claims. Under 20-5-107(b), a parent may not recover until all child support arrearages, with interest, have been paid in full.
Knoxville Motorcycle Accident Questions
How long do I have to sue?
One year after the cause of action accrues for injuries to the person under Tennessee Code 28-3-104(a)(1), or two years when criminal charges are brought against the person who caused the injury, the conduct is the subject of a criminal prosecution commenced within one year, and the injured person sues the party prosecuted, under (a)(2).
Can I recover if I was partly at fault?
Yes, if the rider’s negligence is less than the other driver’s. In McIntyre v. Balentine (1992), the Tennessee Supreme Court held that “so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover”, with damages reduced in proportion to the rider’s share. For example, imagine $70,000 in damages and 30 percent of the fault on the rider: the recovery would be $49,000. Under Tennessee Code 29-39-102(b), which apportions noneconomic damages among defendants, recovery for any damages is barred if the plaintiff’s comparative fault, or in a wrongful death action the decedent’s fault, is equal to or greater than 50 percent.
Is there a cap on punitive damages?
Yes, with exceptions. Under Tennessee Code 29-39-104(a)(5), punitive damages may not exceed the greater of two times compensatory damages or $500,000, and under (a)(7) the limit does not apply in listed cases, including specific intent to inflict serious physical injury and substantially impaired judgment under the influence of alcohol, drugs or another intoxicant, other than lawfully prescribed or over-the-counter drugs taken as directed.