Articles Posted in Motorcycle Accidents

 The most common type of motorcycle accident is a car turning left in front of the motorcycle.   Generally, this type of accident happens because the driver of the car is simply not looking carefully and fails to see the motorcycle.   The more visible a motorcycle is the better.

Loud pipes save lives.  While some motorcyclists prefer loud pipes because of the increased “visibility” they believe they provide, there is certainly no legal requirement that a motorcycle be heard before it is seen.  And some even believe that “loud pipes save lives” is a misconception.  In Tennessee, by statute, your motorcycle must have a muffler.  The law also prohibits the use of muffler cutouts.  But unlike a number of states, Tennessee does not have a maximum decibel level for muffler noise.  Regardless of the loudness of your muffler, other motorists have a responsibility to be on the lookout for motorcycles and give them equal access to the road.  And, if you travel to another state, those loud pipes just might garner you a ticket for a noise regulation violation.

Continuing on with the issue of visibility, Tennessee law requires motorcycles to operate with headlights even in the daytime.  And so that you can see other vehicles, your motorcycle must be equipped with a rearview mirror.   Other things a motorcyclist might do to try an increase their visibility to other motorists are:

Under Tennessee law, a driver of a motorcycle can proceed through a red light under certain circumstances.  T.C.A. § 55-8-110 (b) provides as follows:

(b) Notwithstanding any law to the contrary, the driver of a motorcycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the motorcycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the driver of a motorcycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the motorcycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the motorcycle.

So what does all that mean?  Well, if it is actually a traffic-controlled signal and you, as a motorcycle driver, proceed safely through the red light, then no problem.  If it is a traffic-controlled light and you, as a motorcycle driver, proceed through the light but cause an accident because you failed to notice an oncoming vehicle or other issue, then you may be at fault.  And if you proceed through the red light and it was not actually a traffic-controlled light, then you could still be ticketed for running a red light.  So, all that to say, proceed at your own risk as a motorcycle driver when proceeding through a red light.   Here is an article that may help motorcycle riders determine which red lights are actually traffic-actuated.  

John and Joy Day both love motorcycles.  In fact, their first date was a 17-hour motorcycle ride and hiking expedition.  Joy on a 100^th Anniversary Edition Harley Sportster and John on a BMW 1200CLC.    So it is not surprising that at The Law Offices of John Day, P.C., we are profoundly interested in making sure motorcyclists practice safe and legal riding. And, of course, to the extent a motorcyclist is injured by the carelessness of another, our award-winning lawyers are here to help.   

Over the next few days, we are going to cover some of the basics of Tennessee’s motorcycle laws.  Today, we will start with lane splitting.  Lane splitting is the practice of riding a motorcycle in between lanes when traffic is stopped or slowed.   In some states such as California, lane splitting is a legal maneuver.  But in Tennessee, motorcyclists are not allowed to split lanes. 

Tennessee Code Annotated 55-8-182 provides the following rights and responsibilities for motorcycle riders and sections (b) and (c) specifically address lane splitting:

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. 

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.

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.