Motorcycle Accidents

March 26, 2014

Should Tennessee Repeal Its Motorcycle Helmet Law?

The answer is a resounding no. And here are just a few reasons why.

According to the Centers for Disease Control and Prevention, helmets prevent roughly 37% of crash-related deaths for drivers and 41% of crash-related deaths for passengers. Not only have motorcycle-related deaths been on the rise since 2000, the costs associated with motorcycle crashes are tremendous. It is estimated that the medical care and productivity losses associated with motorcycle crashes are $12 billion dollars in just a single year.

Despite those sobering numbers, Senator Mike Bell of Riceville, the proponent of the legislation to repeal Tennessee’s motorcycle helmet law, argues Tennessee will enjoy an increase in tourism from motorcycle riders if we do away with the helmet law. He might be right, although I am not aware of any authority he cites for that proposition. But let’s just assume the State might see some additional tourism dollars by repealing the helmet law, it most likely would not be enough to offset the costs associated with repealing the law.

October 22, 2013

Mob Violence, Herd Behavior, Pack Mentality: Whatever You Call It, It Is Ugly.

by The Law Offices of John Day, P.C.

A few weeks ago, a mob of motorcyclists and the Lien family, who were in a black Ranger Rover SUV, were involved in a violent incident. In recent days, more information has came out about the incident and it raises some interesting legal implications. Based on a video of the incident and news reports, the following appears to have occurred:

* The motorcycle riders had organized for a Hollywood Stuntz event. This event had a history in that the year before the motorcyclists had effectively shut down traffic in Times Square.

* Earlier that day but prior to the incident involving the Liens, New York police had received hundreds of complaints about the motorcyclists and their behavior.

July 2, 2013

How Do I Pay For Medical Bills After A Car or Motorcycle Accident If I Don’t Have Health Insurance?

by The Law Offices of John Day, P.C.

We receive calls almost every day from people who have been in a Tennessee car, motorcycle or truck accident and are unable to get medical treatment because they do not have health insurance. Many doctors refuse to see accident victims unless they have health insurance or are willing to pay cash for the service. There are lots of people – about 48 million in the country – who have no health insurance and many of those people cannot pay cash for medical treatment.

There are only four options left for these people. One, borrow money from family or friends to see a doctor. Two, attempt to ignore the medical problem and hope that it will solve itself. Three, use the medical payments (also called "med pay") provision of the insurance on your vehicle to help pay for treatment. Fourth, ask your lawyer if he or she can make arrangements for a doctor to treat you – a doctor who will forgo seeking payment until after you case resolves.

It is a mistake to assume that the at-fault driver’s insurance company will pay for treatment. They may accept responsibility for the accident, but the at-fault driver’s insurance company will almost never pay medical bills for you as they are incurred. It is possible this insurance company will reimburse you for the bills at the time your treatment is complete and you are ready to settle the entire claim, but they will not give you money in advance of treatment or let your doctor bill them for treatment.

April 4, 2013

Distracted Driving Kills

by The Law Offices of John Day, P.C.

Distracted driving is taking lives on our highways, and this study takes a look at what is taking the attenion of drivers away from the road.

According to police report data analyzed by Erie Insurance, a automobility liability insurer, of the more than 65,000 people killed in car crashes over the past two years, one in 10 were in crashes where at least one of the drivers was distracted. the data comes from the Fatality Analysis Reporting System (FARS) maintained by the National Highway Traffic Safety Administration.

Rank	Distraction Type	Percentage of Distracted Drivers
1	Generally distracted or “lost in thought” (daydreaming)	62%
2	Cell phone use (talking, listening, dialing, texting)	12%
3	Outside person, object or event, such as rubbernecking	7%
4	Other occupants (talking with or looking at other people in car)	5%
5	Using or reaching for device brought into vehicle, such as navigational device, headphones	2%
6	Eating or drinking	2%
7	Adjusting audio or climate controls	2%
8	Using other device/controls integral to vehicle, such as adjusting rear view mirrors, seats, or using OEM navigation system	1%
9	Moving object in vehicle, such as pet or insect	1%
10	Smoking related (includes smoking, lighting up, putting ashes in ashtray)	1%

The numbers are probably conservative (that is, under-reported) because many people are reluctant to admit that they were distracted immediately before the crash.

The study did not look at the number of injuried caused by distracted driving, but instead looked only at deaths.

June 5, 2012

Middle Tennessee Motorcyclists and the Driveway Threat

by The Law Offices of John Day, P.C.

One of the biggest risks presented to motorcyclists riding the beautiful roadways of Middle Tennessee are driveways.

Driveways present risks of several types to motorcyclists. The most obvious risk is that a car, truck, tractor or other vehicle will pull out onto the road and put the motorcyclist in danger, resulting either in a direct impact, forcing the motorcyclist in the other lane of traffic and the danger in that lane, or causing the motorcyclist to lay the bike down to avoid an accident.

The other risk is less obvious, but any person who has ever road a motorcycle knows exactly what I talking about: gravel on the roadway that washed off a gravel driveway or was pulled off the driveway by driveway traffic.

May 17, 2012

Under-Insured Drivers

by The Law Offices of John Day, P.C.

I remain amazed at people of means who do not maintain sufficient liability insurance on their vehicles and homes.

The most frequent problem we see is with middle-income people who are driving around with "25 / 50" or "50 / 100" liability insurance policies on their cars. A "25 / 50" policy is one which provides a negligent driver with insurance protection of $25,000 for any one person they hurt or kill in an accident, up to a total of $50,000 for all persons hurt or killed in an accident. A "50/100" policy, provides a negligent driver with up to $50,000 worth of insurance protection for any one person they hurt or kill in an accident, up to a total of $100,000 for all persons hurt or killed.

If there is insufficient insurance to pay the damages caused, the driver is personally responsible for the balance of the damages. Thus, if a negligent driver with a "25 / 50" liability insurance policy on his car causes injuries to another person worth $50,000, the negligent driver is responsible for the $25,000 his insurance company does not pay.

May 17, 2012

Motorcycle Wrecks – Its That Time of The Year

by The Law Offices of John Day, P.C.

The weather in Tennessee has been absolutely beautiful, and with that comes a huge increase in motorcycle traffic. This is the time of year new riders emerge from motorcycle safety schools and begin to enjoy Tennessee’s beauty from a motorcycle.

Tragically, the increase in bikers means an increase in motorcycle accidents. Our office filed a lawsuit this week in one of the more common type of cases, in which a car turned left immediately in front of our client and caused a serious injury.

Other frequent causes of motorcycle wrecks include drivers pulling out of driveways, drivers turning left while being passed by a motorcycle, or distracted drivers who become distracted, cross the center line of the road, and cause a head-on collision.

May 3, 2012

Tennessee Motorcycle Accident Information

by The Law Offices of John Day, P.C.

The Law Offices of John Day, P.C. has recently updated its website to share information about claims arising from Tennessee motorcycle accidents.

Information is power, and our law firm has a long history of empowering consumers with knowledge of the legal system. Indeed, in the early 1980s, John Day taught basis consumer law on a volunteer basis in two different Nashville high schools and other classes for adults.

If you or a family member was involved in a motorcycle wrec and are attempting to understand your rights, the following links will be very helpful to you:

April 19, 2012

First Year of Motorcycle Riding is the Most Dangerous

by The Law Offices of John Day, P.C.

The HIghway Data Loss Institute reports that motorcyclists are most at risk when they begin riding.

An analysis of claims data reveals that some 22% of claims studied occurred within the first 30 days after an insurance policy was issued. The rate of claims dropped 1/3rd in the second month and almost 2/3rds after six months. The first 30 days of riding is riskier than the entire second year.

Operating a motorcycle is a complex undertaking. Regardless of your experience, operating motorcycles require your full attention at all times.

February 19, 2012

Does A Motorcycle Passenger Have to Sue the Motorcycle Driver After a Crash?

by The Law Offices of John Day, P.C.

My boyfriend had a wreck on his motorcycle a few weeks ago after a car illegally turned in front of him and he hit the side of it. I was a passenger on the motorcycle and received a badly broken arm and severe road rash as a result of the wreck. I talked to the insurance adjuster for the driver of the car and she told me it was my boyfriend’s fault and I need to sue him. I saw the whole thing – my boyfriend did nothing wrong and the car turned right in front of us when just as we entered the intersection. Do I have to sue my boyfriend to get my bills paid?

You have asked a complicated question, the answer to which can only be given after facts in addition to those stated in your question have been uncovered.

Generally speaking, the answer to your question is "no," you do not have to sue your boyfriend. If you believe that the driver of the car is at fault, then you need only sue the driver (and perhaps the owner) of the car.