Motorcycle Accidents Caused by Being Run Off the Road

When a motorcycle is forced off the road by a careless driver, two serious but different harms can occur.  First, of course, anytime a motorcycle rider is run off the road, serious injuries or even death can occur.  But the second type of injury is a legal one.  Unless the other vehicle stops or is identified by another person other than the motorcycle driver or motorcycle passenger, the injured motorcyclist will have a very difficult time making a successful legal claim against the unidentified driver.

And 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.  Importantly, during this process, you will essentially be adverse to your own insurance company.   And despite being your insurance company, they will typically try to find ways to deny your claim or minimize your compensation.

It is important to consult a lawyer promptly in this type of matter. A quick fact investigation is critical.  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. If you call us, the award-winning attorneys at The Law Offices of John Day, P.C. can promptly investigate your motorcycle accident.  In appropriate cases, we employ the services of other experts such as engineers who have training in accident reconstruction to assist us in this effort.  

We offer a free, initial consultation in which we evaluate your case and your insurance policy and advise you of your legal rights.  If we think you have a case and you decide to hire us, we handle all motorcycle wreck cases on a contingency basis so you do not pay anything out of pocket to pursue your case.   Getting started is easy.  Simply, contact us online or call us anytime time of day at 615-742-4880 or toll-free at 866-812-8787.  If for any reason you are unable to come to us, we are happy to come to you.