Motorcycle accident
Motorcycle Accident Attorneys in Nashville, Tennessee
The firms in this guide
1. Kinnard Law
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death throughout Nashville and Tennessee with reach into surrounding states
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, left-turn accidents, lane change accidents, rear-end collisions involving motorcycles, intersection accidents, wrongful death motorcycle cases
Legal Services: Case investigation, evidence gathering, accident reconstruction, insurance negotiation, litigation, trial representation, settlement negotiation, medical expense documentation, lost wage recovery, pain and suffering claims, wrongful death claims
Background: The firm is recognized by U.S. News as a “Best Law Firms” selection for 2020. Attorneys named among The Best Lawyers in America. The firm is backed by Certified Civil Trial Specialists, former defense lawyers, and proven advocates with over a century of combined experience. The firm obtained the largest verdict in Weakley County history. Attorney Randy Kinnard and Mary Ellen Morris lead the motorcycle accident practice.
Location: Nashville, Tennessee
Contact: (615) 933-2893 | https://www.kinnardlaw.com
Consultation: Free, no-obligation consultation available 24/7. Contingency fee basis.
2. The Higgins Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death throughout Nashville and Tennessee
Case Types Handled: Motorcycle versus car collisions, failure to yield accidents, intersection accidents, drunk driver motorcycle accidents, distracted driver accidents, wrongful death motorcycle cases
Legal Services: Independent accident investigation, evidence collection, witness interviews, accident reconstruction, insurance negotiation, litigation, trial representation, settlement negotiation, medical expense documentation
Background: The firm has advocated for motorcycle crash victims for over a decade. Attorneys Nathan Higgins and Jim Higgins lead the firm. The firm understands the unique challenges motorcyclists face and insurance company bias against riders. The firm has a track record of success in motorcycle accident cases and is willing to take on insurance companies and their legal teams at trial.
Location: Nashville, Tennessee
Contact: https://www.thehigginsfirm.com
Consultation: Free consultation available. Contingency fee basis.
3. The Law Office of Eric Beasley
Practice Focus: Motorcycle accidents, personal injury throughout Nashville and the greater Tennessee area for 25 years
Case Types Handled: Motorcycle versus car collisions, failure to yield accidents, intersection accidents, speeding accidents, texting while driving accidents, drunk driver motorcycle accidents
Legal Services: Case investigation, evidence gathering, witness interviews, expert consultation, accident reconstruction, insurance negotiation, litigation, trial representation, settlement negotiation
Background: Attorney Eric Beasley has 25 years of experience representing injured motorcyclists in the Nashville area. The firm gathers evidence, interviews witnesses, and works with experts to build cases. The firm counters insurance company tactics designed to minimize settlements.
Location: Nashville, Tennessee
Contact: https://www.tennesseeinjuryattorney.com
Consultation: Free consultation available.
4. The Williams Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death throughout Nashville with over 50 years of combined experience
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, left-turn accidents, intersection accidents, highway motorcycle crashes, wrongful death motorcycle cases
Legal Services: Case investigation, evidence documentation, insurance company communication, litigation, trial representation, settlement negotiation, medical expense calculation, lost wage recovery
Background: The firm has over 50 years of combined experience. Attorneys handle all legal matters while clients focus on recovery, including securing medical attention and answering insurance company calls. The firm understands Tennessee’s modified comparative negligence rules and how they affect motorcycle accident compensation.
Location: Nashville, Tennessee
Contact: (615) 256-8880 | https://www.lrwlawfirm.com
Consultation: Free consultation available.
5. Rocky McElhaney Law Firm
Practice Focus: Motorcycle accidents, car accidents, truck accidents, personal injury, wrongful death throughout Tennessee
Case Types Handled: Motorcycle versus car collisions, motorcycle versus truck accidents, road condition accidents, charity ride accidents, wrongful death motorcycle cases, catastrophic injury motorcycle accidents
Legal Services: Case investigation, evidence gathering, insurance negotiation, litigation, trial representation, settlement negotiation, medical expense documentation, lost wage recovery, future earning capacity calculation, wrongful death claims
Background: The firm respects bikers and their rights. Attorneys have experience with various motorcycle accident scenarios including Harley accidents, road condition accidents, and charity ride incidents. The firm takes on insurance companies who resist paying fair compensation.
Location: Nashville, Tennessee
Contact: (615) 425-2500 | https://www.rockylawfirm.com
Consultation: Free initial consultation available.
Helmet Rules, Punitive Damages and Uninsured Motorist Coverage for Nashville Motorcycle Crashes
A Nashville motorcycle crash claim starts with Tennessee’s helmet statute. Tennessee law then sets when punitive damages are allowed and when their limit does not apply, makes each defendant liable only for its own share of fault, and requires uninsured motorist coverage unless a named insured rejects it in writing.
Helmets
Under Tennessee Code 55-9-302(a), the driver of a motorcycle, motorized bicycle or motorscooter and any passenger must wear a crash helmet meeting 49 CFR 571.218, or, if 21 or older, a helmet meeting the alternative ventilation, contour and labeling requirements in (a)(1) through (a)(4). Under (b), the section does not apply within an enclosed cab, on fully enclosed autocycles or golf carts, in a parade at no more than 30 miles per hour for riders 18 or older, or in a listed funeral procession, memorial ride or body escort for riders 21 or older.
Punitive Damages
Under Tennessee Code 29-39-104(a)(1), punitive damages require clear and convincing evidence that the defendant acted maliciously, intentionally, fraudulently or recklessly. Under (a)(5) and (a)(6), they may not exceed the greater of two times compensatory damages or $500,000, a limit not disclosed to the jury. Under (a)(7)(C), the limit does not apply when the defendant was under the influence of alcohol, drugs or another intoxicant, substantially impairing judgment and causing the injuries, except that lawfully prescribed or over-the-counter drugs taken as directed do not count.
Each Defendant’s Share
Under Tennessee Code 29-11-107(a), when multiple defendants are found liable under comparative fault, each is severally liable only for the percentage of damages attributed to it, with joint and several liability kept under (b) for civil conspiracy and for manufacturers in strict liability or warranty product actions. Under (d), fault may be allocated to a nonparty, including an immune third party or a settling party.
Uninsured Motorist Coverage
Under Tennessee Code 56-7-1201(a), every automobile liability policy issued in Tennessee must include uninsured motorist coverage at limits equal to the bodily injury liability limits, but any named insured may reject it in writing or select lower limits not below the minimums in 55-12-107, and that document binds every insured under the policy.
Nashville 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 and the other conditions in (a)(2) are met.
Can I recover if I was partly at fault?
Yes, as long as the rider’s negligence is less than the defendant’s. McIntyre v. Balentine (1992) holds that “so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover”, with damages reduced in proportion. For example, imagine $110,000 in damages and 45 percent of the fault on the rider: the recovery would be $60,500. Tennessee Code 29-39-102(b), on noneconomic damages apportioned among defendants, adds that recovery for any damages is barred when the plaintiff’s comparative fault, or in a wrongful death action the decedent’s fault, is equal to or greater than 50 percent.
What if the injured rider is a minor?
Under Tennessee Code 28-1-106(a), a person under 18 when the cause of action accrues may sue after legal rights are restored, within the limitation period for that claim, but no later than three years from restoration if the period is longer.