1. Hartsoe Law Firm, P.C.
Practice Focus: Motorcycle accidents, car accidents, truck accidents, tractor-trailer accidents, wrongful death, premises liability, slip and fall, medical malpractice, catastrophic injuries, traumatic brain 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, hit-and-run motorcycle accidents, distracted driver vs. motorcycle accidents, uninsured motorist motorcycle accidents, underinsured motorist motorcycle accidents, defective motorcycle and product liability claims
Legal Services: Negligence investigation, accident reconstruction with engineering experts, witness interviews, police report analysis, 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, appeals, federal court litigation
Background: Mark C. Hartsoe is the founding partner with 33 years of legal experience litigating serious personal injury cases in state and federal courts. He graduated from University of Tennessee College of Law in 1985. Admitted to practice in Tennessee, Virginia, U.S. Supreme Court, and 6th Circuit Court of Appeals. Repeatedly selected as a Mid-South Super Lawyer since 2006, placing him in the top 5% of attorneys in Tennessee, Arkansas, and Mississippi. Certified member of the Million Dollar Advocates Forum for multiple cases resulting in verdicts or settlements exceeding $1,000,000. Before founding the Hartsoe Law Firm, served as Senior Partner at a large law firm for 10 years. Works closely with accident reconstruction engineering experts to establish liability. Member of American Trial Lawyers Association.
Location: P.O. Box 4997, Maryville, TN 37802 (with Downtown Knoxville office available for meetings and depositions)
Contact: (865) 804-1011 | https://knoxville.hartsoe.com
Consultation: Free consultation available, will travel to client for home and evening visits, contingency fee arrangement (no fees unless case is won)
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
Motorcycle Accident Laws and Regulations in Tennessee
Statute of Limitations
Tennessee has a strict one-year statute of limitations for personal injury claims arising from motorcycle accidents under Tennessee Code Section 28-3-104. This means injured parties must file a lawsuit within one year from the date of the accident to preserve their right to compensation. Wrongful death claims also carry a one-year statute of limitations, beginning from the date of death. This is one of the shortest statutes of limitations in the United States, making it critical to contact an attorney promptly after an accident. Missing this deadline will result in permanent loss of the right to seek compensation, regardless of the strength of the case.
Fault and Negligence Rules
Tennessee follows a modified comparative fault rule with a 50% bar under Tennessee Code Section 29-11-102 and the landmark case McIntyre v. Balentine. An injured motorcyclist can recover damages only if their percentage of fault is less than 50%. If the motorcyclist is found to be 50% or more at fault, they are completely barred from any recovery. When recovery is permitted, compensation is reduced by the motorcyclist’s percentage of fault. For example, if damages total $100,000 and the motorcyclist is found 30% at fault, recovery is reduced to $70,000. Insurance companies frequently attempt to assign fault to motorcyclists to reduce or eliminate claims, making experienced legal representation essential.
Motorcycle Insurance Requirements
Tennessee requires all motorcyclists to carry minimum liability insurance with the following coverage: $25,000 per person for bodily injury, $50,000 per accident for bodily injury (multiple persons), and $25,000 for property damage per accident (commonly referred to as 25/50/25 coverage). Proof of insurance must be provided when registering a motorcycle and must be carried at all times while operating. Riding without insurance can result in fines, license suspension, and personal liability for all accident-related expenses. Uninsured/underinsured motorist coverage is optional but strongly recommended given the severity of motorcycle accident injuries.
Helmet Laws
Tennessee requires all motorcycle riders and passengers to wear a DOT-approved helmet under Tennessee Code Section 55-9-302. This is a universal helmet law with limited exceptions. Riders and passengers 21 years of age or older may wear a modified helmet with features such as ventilation airways penetrating through the shell (not exceeding 1.5 inches in diameter) and a non-continuous contour. Exceptions to the helmet requirement include: riders 21 and older during funeral processions, memorial rides with police escorts, or body escort details traveling under 30 mph and less than 50 miles; and riders in an enclosed cab. Violating the helmet law is a Class C misdemeanor carrying fines up to $50 and potential jail time up to 30 days. Not wearing a helmet can significantly reduce compensation in an injury claim if head injuries are sustained. Note: Senate Bill 1536 (2021) created some expanded exemptions for riders 26 and older with proper insurance coverage.
Eye Protection Requirements
If a motorcycle is not equipped with a windshield, the operator and any passenger must wear eye protection in the form of safety goggles, face shields, or glasses with impact-resistant lenses.
Lane Splitting and Lane Filtering
Lane splitting (riding between lanes of traffic) is illegal in Tennessee. Motorcyclists may not ride between demarcated lanes or pass vehicles while remaining in the same lane as another vehicle. Violating this law can result in traffic citations and can be used against motorcyclists in injury claims under comparative fault principles.
Motorcycle Licensing Requirements
Tennessee requires a Class M motorcycle license or endorsement to operate a motorcycle. Applicants must pass a written knowledge test and a skills test, or complete a motorcycle safety course. The Tennessee Department of Safety and Homeland Security administers licensing requirements.
Passenger Requirements
Passengers may only ride on motorcycles designed to hold a passenger with a proper seat and footrests. All passengers must wear a DOT-approved helmet. Passengers 18 and older may forego a helmet during parades if traveling under 30 mph. Illegally carrying a child passenger results in a $50 fine.
Equipment Requirements
Tennessee motorcycles must have: headlights on at all times during operation (maximum two front-facing headlamps, non-flashing, white to amber color); at least one red tail lamp and one red stoplight; at least one rear-view mirror (left and right mirrors recommended); a muffler; and functioning brakes. Modulating headlights are permitted.
Non-Economic Damage Caps
Tennessee Code Section 29-39-102 imposes a $750,000 cap on non-economic damages (pain and suffering, mental anguish, loss of enjoyment of life) in personal injury cases. This cap is raised to $1,000,000 for catastrophic injuries, which many motorcycle accident victims unfortunately suffer due to the lack of protection motorcycles offer. No cap applies to economic damages (medical expenses, lost wages, property damage).
Dram Shop Liability
Tennessee law allows injured parties to pursue claims against establishments that serve alcohol to visibly intoxicated persons or minors who subsequently cause motorcycle accidents.
No-Fault Insurance
Tennessee is NOT a no-fault state. It is an at-fault (tort liability) state, meaning the person who caused the accident is responsible for damages. Injured motorcyclists typically file claims against the at-fault driver’s insurance or pursue a personal injury lawsuit.
Frequently Asked Questions
How long do I have to file a motorcycle accident lawsuit in Tennessee?
Tennessee has one of the shortest statutes of limitations in the country for personal injury claims. You have only one year from the date of the motorcycle accident to file a lawsuit under Tennessee Code Section 28-3-104. For wrongful death claims, the one-year period begins on the date of death, not the date of the accident. This deadline is strictly enforced by Tennessee courts, and missing it will permanently bar your claim regardless of the severity of your injuries or the strength of your case. Insurance companies may also impose their own deadlines for filing claims. Because evidence can deteriorate, witnesses can become unavailable, and legal preparation takes time, it is essential to contact a Knoxville motorcycle accident attorney as soon as possible after your accident.
How does Tennessee’s comparative fault rule affect my motorcycle accident claim?
Under Tennessee’s modified comparative fault rule (Tennessee Code Section 29-11-102 and McIntyre v. Balentine), you can recover damages only if you were less than 50% at fault for the accident. If you are found to be 50% or more responsible, you are completely barred from recovery. If your fault is less than 50%, your compensation is reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000. Insurance companies and defense attorneys aggressively try to shift blame onto motorcyclists, using arguments such as speeding, lane positioning, failure to wear protective gear, or “laying down the bike.” An experienced attorney can counter these tactics and minimize the fault assigned to you.
What happens if I was not wearing a helmet when I was injured in a motorcycle accident?
Tennessee requires all motorcycle riders and passengers to wear DOT-approved helmets. If you were not wearing a helmet and suffered head injuries, the defense and insurance company will likely argue that your failure to wear a helmet contributed to your injuries (comparative negligence). This argument can reduce your compensation, particularly for head injury-related damages. However, even without a helmet, you may still recover for injuries that would have occurred regardless of helmet use, such as broken bones, internal injuries, or spinal cord damage. The direct cause of your accident remains the negligent driver’s actions. An experienced motorcycle accident attorney can dispute helmet-related comparative fault arguments and work to maximize your recovery by demonstrating which injuries were caused by the other driver’s negligence.
What types of compensation can I recover after a motorcycle accident in Tennessee?
Tennessee allows recovery for both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages and earning capacity, property damage to your motorcycle and gear, rehabilitation costs, and in-home care expenses. Non-economic damages cover pain and suffering, mental anguish, loss of enjoyment of life, physical impairment, disfigurement, and loss of consortium. Non-economic damages are capped at $750,000 in most cases, but the cap increases to $1,000,000 for catastrophic injuries (such as traumatic brain injuries, spinal cord injuries, or amputations). In cases involving gross negligence or reckless conduct (such as drunk driving), punitive damages may also be available to punish the defendant. Wrongful death claims allow surviving family members to recover funeral expenses, lost financial support, loss of companionship, and mental anguish.
Can I still recover compensation if the at-fault driver was uninsured or underinsured?
Yes, but your options depend on your own insurance coverage. Tennessee allows optional uninsured motorist (UM) and underinsured motorist (UIM) coverage on motorcycle insurance policies. If you have UM/UIM coverage and the at-fault driver has no insurance or insufficient insurance to cover your damages, you can file a claim against your own insurance policy. Without this coverage, you may need to pursue a personal lawsuit directly against the at-fault driver, but collecting a judgment from an uninsured individual can be difficult. Given the serious injuries common in motorcycle accidents and the relatively low minimum insurance requirements in Tennessee (25/50/25), carrying higher UM/UIM limits is strongly recommended. An experienced attorney can help you navigate claims against your own insurer and maximize your recovery from all available sources.