After a motorcycle crash in Tennessee, you may worry that riding without a helmet or other protective equipment ends your claim. Understanding how comparative fault and helmet requirements affect your case can help you assess an insurer’s arguments against paying damages.
Partial fault and your compensation
Tennessee’s modified comparative fault rule permits you to recover damages only if your share of responsibility for your injuries is less than 50%. At 50% or more, you receive nothing, while a lower percentage reduces your compensation by the same proportion.
For example, a jury might value your losses at $100,000 and assign you 20% of the fault. The court would then subtract $20,000 from the award, leaving you with $80,000.
Required and recommended motorcycle equipment
Motorcycle operators and passengers in Tennessee generally must wear a helmet that meets approved safety standards. State law also requires eye protection unless the motorcycle has a windshield. Failing to comply is a Class C misdemeanor, but it does not by itself establish that you caused a collision.
Safety manuals recommend other equipment, including sturdy jackets, gloves and boots, but Tennessee law does not require those items. An insurer cannot treat their absence as a statutory violation, although it may still argue that riding without them was unreasonable and contributed to your injuries.
Insurer arguments about equipment choices
Insurance companies often cite a missing helmet to argue that you bear a larger percentage of fault. The issue is whether going without it made your injuries more severe, which differs from deciding who caused the collision.
A driver who turns left across your lane can cause a crash whether or not you wore protective gear. The insurer must show that wearing the equipment would have prevented or reduced a specific injury, such as head trauma. Riding without a helmet would not ordinarily worsen a broken leg.
Legal challenges to unfair blame
A personal injury attorney can contest an inflated fault allegation by asking the insurer to support its percentage with evidence. Accident reconstruction helps establish how the collision occurred, while testimony from physicians addresses whether a helmet or other gear would have reduced your injuries.
If the insurer refuses to make a reasonable settlement offer, a lawyer can pursue compensation through a lawsuit. Tennessee generally allows one year from the crash to file a personal injury lawsuit, although certain exceptions may extend that period.