What Challenges Arise in Motorcycle Accident Claims?
Motorcycle accidents often result in serious injuries, high medical bills, and complicated legal questions. Riders face a unique set of obstacles when seeking compensation—everything from unfair assumptions about motorcyclists to disputed fault, aggressive insurance adjusters, and limited physical evidence.
Understanding the challenges involved in a motorcycle accident claim is essential to building a strong case and recovering fair damages under Tennessee law. Explore the key difficulties injured riders commonly encounter and explain how those legal hurdles can affect the outcome of a personal injury claim.
At Wykoff & Sikes, PLLC, we’ve helped injured motorcyclists in Knoxville and throughout Tennessee fight for fair treatment after devastating crashes. We understand the legal structure that applies to motorcycle accident claims and the many tactics used to undervalue or deny them. Contact us today for more information or to schedule a consultation with us.
Bias Against Motorcyclists
One of the most frustrating challenges in any motorcycle accident case is the widespread bias against riders. Many people assume motorcyclists are reckless or aggressive, and that perception can influence everything from police reports to insurance investigations and jury verdicts.
These assumptions often lead to unfair fault assessments, even when the other driver caused the crash. Tennessee law requires fault to be proven through facts, but bias can still cast doubt on a legitimate claim. Overcoming this bias means presenting clear evidence and countering false narratives about rider behavior.
Comparative Fault in Tennessee
Tennessee follows a modified comparative fault system, which means an injured person can recover damages only if they are less than 50% at fault for the accident. If fault is shared, compensation is reduced by the rider’s percentage of responsibility. For instance, a $100,000 award would be reduced to $70,000 if the rider is found 30% at fault.
Insurance companies often exploit this rule by blaming the motorcyclist—claiming they were speeding, not wearing proper gear, or maneuvering unsafely. Proving that the other party was more at fault is crucial to maintaining a valid motorcycle accident claim.
Injuries Tend to Be More Severe
Motorcycle accident injuries are often catastrophic. Riders are more exposed than those in cars or trucks, which increases the risk of head trauma, spinal cord injuries, broken bones, and permanent disabilities. These injuries frequently require surgery, rehabilitation, and long-term care, all of which come with significant medical expenses.
Insurance companies may attempt to downplay injury severity or suggest the rider had preexisting conditions. A successful claim depends on documenting how the motorcycle accident directly caused or worsened the injuries and showing the full scope of long-term medical needs.
Insurance Company Tactics
After a motorcycle accident, insurance companies move quickly to limit their financial exposure. They may seem cooperative at first, but their goal is usually to reduce or deny the claim. Common tactics include:
Requesting recorded statements early in the process to use your words against you
Offering quick, low settlement amounts before the full extent of injuries is known
Delaying the processing of your claim to pressure you into accepting less
Suggesting that your injuries are unrelated to the motorcycle accident
Using gaps in medical treatment to claim your injuries aren’t serious
Minimising pain and suffering to lower overall compensation
Insurance adjusters are trained to use these strategies effectively, and anything you say can be used against you under Tennessee law. That’s why it’s essential to have an experienced advocate like attorney Cort Sikes on your side; someone who knows how to protect your rights and handle insurers from the start.
Uninsured and Underinsured Drivers
Despite state law requiring minimum liability coverage, many Tennessee drivers carry no insurance or too little to cover serious injuries. When a motorcycle accident involves an uninsured or underinsured driver, the rider must often rely on their own policy for compensation.
Uninsured motorist coverage can help, but filing a claim with your own insurer doesn’t guarantee a smooth process. These claims are often met with resistance, delays, or outright denials. Riders must be ready to document coverage, prove the other driver’s lack of insurance, and demonstrate the full extent of their damages.
Limited Physical Evidence
Motorcycle accidents often result in limited or quickly lost evidence. Unlike larger vehicles, motorcycles may be moved off the road before police arrive. Physical clues like skid marks or vehicle positions can vanish within minutes. In Tennessee, police reports aren't definitive proof of fault, and officers usually don't witness the crash firsthand.
Photographs, witness statements, and video footage become essential for proving what happened. Without quick documentation, critical evidence may disappear, making it harder to support the motorcycle accident claim.
Helmet Use and Liability
Tennessee has a universal helmet law that applies to all motorcycle riders and passengers. Not wearing a helmet can complicate a personal injury claim, especially if the rider suffers a head or neck injury. Defendants often argue that the rider’s injuries were made worse—or entirely caused—by not wearing a helmet.
While helmet use doesn’t automatically eliminate the right to compensation, it can influence the outcome under the state’s comparative fault rule. The focus must remain on proving that the other driver’s actions were the primary cause of the accident and injuries.
Few Witnesses and Conflicting Accounts
Motorcycle accidents often happen quickly and without many witnesses. In cases where only the rider and the other driver are present, conflicting accounts of the crash are common. Law enforcement may accept the driver’s version of events, especially if the rider is unconscious or unable to respond at the scene.
Inconsistent or biased witness statements can create doubt and lead to disputes over fault. When available, neutral third-party witnesses, dashcam footage, and detailed accident scene photos can help strengthen the claim.
Short Time Limits for Legal Action
Tennessee law limits how long an injured person has to file a motorcycle accident lawsuit. The statute of limitations for personal injury cases is just one year from the date of the accident. Missing this deadline almost always results in losing the right to seek compensation. Cases involving government vehicles or unsafe road conditions may have even shorter deadlines.
Prompt action is critical. Gathering evidence, reviewing medical records, and identifying the correct defendants must begin well before the one-year mark to protect the claim. Delays in treatment or documentation can also hurt your case, making timely legal guidance essential for preserving your rights and building a solid foundation for your claim.
High Medical Costs and Long-Term Effects
Medical expenses after a motorcycle accident can exceed what insurance initially offers. Hospitalization, surgeries, therapy, and follow-up care may continue for months or years. Permanent disabilities or chronic pain can reduce earning capacity and affect the rider’s quality of life.
Claims must reflect not only current bills but also projected future costs, including lost income. Proper documentation from treating physicians, physical therapists, and vocational experts is vital to establishing these long-term needs and securing fair compensation under Tennessee law.
Disputes Over Property Damage
Motorcycles involved in serious accidents are frequently considered total losses. Insurance companies may undervalue the bike or ignore custom parts and gear. Replacement value is often less than what the rider paid, and upgrades aren't always factored in. Disputes may also arise over damaged helmets, jackets, and electronics.
Riders should retain purchase records, photos, and any receipts that demonstrate the value of their property. This evidence can support a stronger property damage claim and prevent unfair depreciation adjustments by the insurer.
Get the Legal Support You Need After a Motorcycle Accident
Motorcycle accident claims in Tennessee come with unique legal challenges, but you don’t have to face them alone. At Wykoff & Sikes, PLLC, we represent injured riders in Knoxville and the surrounding areas, including Johnson City, Chattanooga, Crossville, and Sevierville. Contact us today to schedule a consultation and find out how we can help you pursue compensation.