At least three motorcyclists have died on Nashville roads since June, raising questions about how fault is determined in crashes involving motorcycles. The deaths include a 46-year-old Metro Parks employee who crashed on an Interstate 440 exit ramp on Sept. 1, according to WSMV. On July 30, a 19-year-old rider died on I-65 near Dickerson Pike after hitting the back of a tractor-trailer. On June 3, a 35-year-old rider died after colliding with a car on Hermitage Avenue, Fox 17 reported.
"When a motorcycle's involved, people tend to assume the rider was speeding," said Will Patterson, an attorney with Tennessee firm Patterson Bray PLLC. "Sometimes that's true. But a lot of times another driver just didn't look."
The firm encourages injured riders and their families not to treat early police statements as the final word on fault. Their Nashville motorcycle accident lawyers can look at whether another driver or the road itself played a part.
Tennessee follows modified comparative fault, a rule the Tennessee Supreme Court adopted in McIntyre v. Balentine. Under that rule, each person involved in the crash is assigned a percentage of fault, either in settlement talks or by a jury. A rider whose share is less than 50 percent can still recover damages, reduced by that share. For example, a rider found 20 percent at fault for a $100,000 loss would recover $80,000. A rider found 50 percent or more at fault recovers nothing from the other parties.
A police report reflects what officers learned at the scene, often before video is collected or every witness is interviewed. Footage from nearby businesses and traffic cameras may be recorded over or lost within days. Vehicle data, skid marks, and witness accounts gathered later can shift the fault percentages considerably.
Tennessee also generally allows only one year to file an injury claim under Tenn. Code Ann. § 28-3-104, so families who wait may lose the chance to use that evidence. The stakes are high because a finding of fault can determine whether a rider or their family receives any compensation at all. As Nashville's roads see more motorcycle fatalities, the importance of a thorough, timely investigation into each crash becomes clearer. Families dealing with the aftermath of a collision may need to act quickly to preserve evidence and protect their legal rights, especially when early assumptions about fault may not tell the full story.
