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  • Writer's pictureRobert Schuerger II

What's the Motorcycle Accident Statute of Limitations in TN? Everything to Know

Every state has a deadline (statute of limitations) on how long personal injury victims have to file a lawsuit. Waiting until after this time limit means the court might refuse to hear the case, making it impossible to recover compensation for the damages.

Though there are many personal injury cases, such as medical malpractice, the most common ones include car and motorcycle accidents. Typically, the person responsible should be held liable, but this only happens when victims know where to turn.

Partnering with personal injury attorneys is one of the easiest ways to take legal action. If one wants to seek compensation for medical bills, lost wages, and other damages, it's important to work with a lawyer. They also have information on the truck accident statute of limitations in TN.

The Statute of Limitations for Personal Injury Claims Involving Motorcycles

The Statute of Limitations for Personal Injury Claims Involving Motorcycles

Victims must understand the statute of limitations, which applies to filing the lawsuit and not a car insurance claim.

Whether the victim wants to file a claim with their own insurance company or the at-fault driver's, they must notify the insurer as soon as possible.

Once that happens, the insurance company starts its own investigation. Typically, this is when evidence begins to disappear. As the victim waits for the insurer to resolve the claim, the statute of limitations clock is ticking.

It's often wise to hire a motorcycle accident attorney in Nashville to handle a personal injury case which involves the insurance company or court hearings. There's a one-year statute of limitations in place for most vehicle accidents. However, here are a few things to note:

Injuries Sustained During the Accident

Most vehicle accident cases involve injuries that are immediately apparent. Motorcyclists, passengers, drivers, pedestrians, and bicyclists all have the right to file a lawsuit, though the statute of limitations only gives them one year from the incident date.

Usually, damages include reimbursement for medical treatment, therapy, surgery, emergency room visits, and more. The victim's legal team will calculate the case's value.

Property Damage

Typically, victims have more time to collect their payments for property damage to the sidecar, motorcycle, helmet, and riding gear. This isn't an exhaustive list, so it's important to note what was lost or destroyed during the incident.

Since car accidents usually involve significant vehicle damage, the statute of limitations is three years from the incident date.

Wrongful Death Cases

If the accident resulted in the victim's death, their family members have the right to pursue a wrongful death claim. However, the statute of limitations is still one year from the death date.

Sometimes, victims are in the hospital for a long time before they pass away. This gives the family member ample time to file a claim after their loved one dies.

Reasons to Hire an Attorney for a Personal Injury Lawsuit

Generally, it's crucial to contact several personal injury attorneys after a motorcycle crash to determine if there's a case and what it might be worth.

Lawyers understand the statute of limitations and how short of a time frame this is. Therefore, they will work quickly to gather evidence and ensure it's not lost or destroyed. They can also provide information on the construction accidet statute of limitations in TN.

Tennessee Statute of Limitations Exceptions for a Motorcycle/Car Accident

If one wishes to file personal injury lawsuits against negligent parties, they must abide by Tennessee law. The statute of limitations gives victims one year from the car accident date to do this in almost all situations. However, there are a few exceptions to note.

For example, if the victim was a minor when the incident occurred, they often receive more time to file a personal injury lawsuit than the standard period. Generally, the clock starts ticking once they turn 19 years old.

Wrongful death claims also have an exception under Tennessee law. If the motorcycle accident led to someone's death, the start date for filing the lawsuit begins when they die and not when the injury occurred. This gives everyone time to determine if the victim will live or not.

The last extension possibility happens when there are criminal charges pending against the at-fault party. Sometimes, the motorcycle accident statute of limitations in TN is extended to one or two years after the accident date because the responsible person is awaiting trial in court and potential conviction.

A common reason for a criminal charge extension occurs when the driver who caused the accident may have been intoxicated or driving under the influence of drugs or alcohol.

Potential Liable Parties After a Car Accident

There could be many liable parties involved in the car accident, resulting in the victim's personal injury. They include:

  • The Other Driver - The other driver is typically held most responsible for the accident, especially if they were negligent in some way.

  • An Employer - If the other driver was working when the accident occurred, their employer could be held liable.

  • The Manufacturer - Motorcycles have many components; if any of them are faulty, the manufacturer could be held accountable for some or all of the crash.

  • The Road Maintenance Crew - If the accident occurred because of poor road conditions, the entity responsible for maintenance might be held accountable.

Other Types of Personal Injury Cases

Other Types of Personal Injury Cases

Most people think they can only file a personal injury claim after a vehicular accident, but there are many other types of cases a lawyer can assist with. These include:

  • Boating accident cases

  • Train accident cases

  • Workplace accident cases

  • Slip-and-fall accident cases

  • Medical malpractice cases

  • Pedestrian accident cases

  • Truck accident cases

  • Bicycle accident cases

Partner with Tennessee Personal Injury Lawyers to Get Results

It's difficult for most victims to understand the Tennessee personal injury statute of limitations deadline, though it can impede their ability to recover fair compensation.

With a one-year filing deadline for personal injury cases in the state, it's crucial to work with a lawyer who is well-versed in the legal system. Though the victim might know when the statute of limitations begins, they may not realize the intricacies involved.

Motorcycle accident victims deserve justice, and Schuerger Shunnarah Trial Attorneys will go to war for Nash. Request a free consultation to discuss the injury case by completing the online form or call today.


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