Motorcycle Accidents Near Driveways

A significant risk for motorcycle drivers and passengers are accidents that occur when a car or truck enters the highway from a private or commercial driveway.  Tennessee law requires drivers who enter a public highway from a private or commercial driveway to exercise reasonable care before they do so.  This requires drivers look both ways and ascertain whether they can enter the public roadway without presenting a danger to any other person who is lawfully on the roadway. The failure to do so is negligence.  So if a driver pulls out from a driveway and into the path of a motorcycle causing an accident, with few exceptions, the motorcyclist will have a claim against the other driver and should seek legal assistance.

It is rarely a valid, complete excuse for a driver to claim his or her view was blocked and therefore he or she could not see the motorcyclist. Once again, the law requires all drivers to use reasonable care, and if your view is blocked by the presence of a sign or shrubbery, it is unreasonable to assume it is safe for you to proceed into the roadway.  Instead, reasonable care requires you to continue to edge out until your view down the roadway is unobstructed. Of course, if the driver is also the property owner who created the obstruction (for example, an oversize mailbox), or permitted the obstruction to occur (through not trimming trees or bushes on the driver's property), these would be further acts of negligence on the part of the driver.

In fact, the creation of an obstruction by a person other than the driver may make that person responsible for the accident too.  For example, some years ago we represented the family of a woman who died in a car wreck after a driver pulled out of a restaurant parking lot. The driver claimed he could not see the deceased woman's car because of the placement of the restaurant’s sign. We were able to recover money damages not only from the driver but also from the restaurant for its negligent placement of the sign. 

A motorcyclist or motorcycle passenger who is injured or killed in an accident caused because a car or truck driver who carelessly pulled out into the roadway from a private or commercial driveway has certain rights under Tennessee law, and our award-winning lawyers have over 100 years of combined experience in protecting those rights.   When you call our office, we will discuss your motorcycle accident with you and let you know if we think you have a claim.  We do not charge anything for this consultation.  If we think you have a case and you decide to hire us, we handle all motorcycle accidents on a contingency basis, so we only get paid if we recover money for you. 

Before you hire any injury lawyer, including us, we encourage you to read How to Select a Personal Injury Lawyer, How to Prepare for a Meeting with  an Injury Lawyer, What to Expect After You Hire an Injury Lawyer.   Hiring the right lawyer to help you with your motorcycle accident case is critical, so you should be prepared.  Then, give us a call and let us review your case and advise you of your legal rights.