Motorcycle Accidents Caused by Being Run Off the Road
One type of motorcycle crash that can occur is when the bike and its occupants are carelessly forced off the road by another vehicle.
Unless the other vehicle stops or is identified by another person other than the motorcycle driver or his or her passenger, the injured motorcyclist will have a very difficult time making a successful legal claim against the unidentified driver. Why? Although Tennessee law permits a person who is injured by an unknown ("John Doe") driver to seek benefits under an uninsured motorist insurance policy, the law requires that someone other than the motorcycle driver or passenger establish the presence of the John Doe driver by "clear and convincing" evidence. If the wreck was not witnessed by any one else, and the at-fault driver does not stop and cannot be tracked down, it will be impossible to establish a John Doe claim because there will not be legally sufficient evidence to support the claim.
If the wreck was witnessed by someone other than the driver and the driver's passenger, a claim can be made against the John Doe motorist. This is what is known as an uninsured motorist (UM) claim. A UM claim is a claim against your own motorcycle insurance company and, if you prove the existence and fault of the other driver, you can collect damages from your own motorcycle insurance company.
It is important to consult a lawyer promptly in this type of matter. A quick fact investigation is important. For instance, a review of 911-tapes may yield the name of a witness whose name did appear on the accident report. A neighbor may have seen the event but did not talk to the police officer who investigated the case. A local convenience store surveillance camera may have caught the entire incident on camera. But this type of evidence does not exist forever, and thus a prompt investigation must be made.
As experienced motorcycle attorneys, the attorneys at the Law Offices of John Day, P.C. are available to investigate all types of personal injury and wrongful death cases arising out of motorcycle wrecks promptly. In appropriate cases, we employ the services of others such as engineers who have training in accident reconstruction to assist us in this effort.
The Law Offices of John Day, P.C. offers free consultation for motorcycle wreck accidents, and we represent personal injury and wrongful death victims on a contingent fee basis, which means we only get paid if we win. Our office always advances all case expenses necessary to pursue your case, so you are never out of pocket any money to pursue your motorcycle accident case. Contact us online or call us anytime time of day at 615-742-4880 or toll-free at 866.812.8787. We will gladly provide you with a thorough analysis of your case in a free, no-obligation consultation.
- Motorcycle Accidents at Intersections
- Motorcycle Accidents Near Driveways
- Motorcycle Crashes Involving a Lay-Down by the Biker
- Motorcycle Accidents Caused by Being Run off the Road
- Why Uninsured Motorist Insurance Coverage is Essential for Motorcyclists
- Injured Motorcycle Passengers
- Failure to Wear a Helmet in a Motorcycle Accident
- Drinking and Driving a Motorcycle
- Passenger Claims against Intoxicated Motorcycle Drivers
- Negligent Repair of Motorcycles
- Motorcycle Defects
- Motorcycle Accidents Caused by Dogs on the Road