Godwin, Morris, Laurenzi & Bloomfield, P.C.

Motorcyclist in crash with car, severe personal injury reported

All motorists should know how to effectively keep a lookout for approaching motorcycles on the roadway. Typically, automobile drivers find it difficult to notice an approaching motorcycle. Extra vigil is necessary to assure that one does not cause an accident through the inadvertent neglect of oncoming motorcycles.  This is even more pressing in a state like Tennessee where motorcycle clubs and social biking are very popular pastimes. Furthermore, if a biker is injured by a negligent driver, the biker is legally entitled to collect the full range of damages for personal injury just as any other victim of a motor vehicle accident .

 An automobile vs. motorcycle accident occurred on Aug. 20 at about 9:30 a.m. in Clarksville. The motorcycle was being operated by a member of the Army stationed at Fort Campbell. He was driving with the right-of-way on Fort Campbell Boulevard when a car turned into his path while trying to enter the Rural King on the Boulevard. The motorcyclist was in full uniform and wearing a helmet.

The driver of the car told Clarksville police that she thought it was clear and started making the turn before she saw the motorcycle. This is apparently a common problem, according to a member of the Clarksville Police Department's crash investigations unit. She stated that drivers often miss motorcycles because they are focusing on other cars or trucks.

According to the Montgomery County Sheriff's records, there have been 121 crashes involving motorcycles and six fatalities in 2015 alone. Despite the common nature of the problem, it is no excuse. Drivers must compensate the injured victims of their negligent driving, and that is particularly so when the driver fails to see the motorcycle and proceeds into its right of way.

In this case, the personal injury compensation required under Tennessee law may be substantial. The man has severe injuries, including a fractured spine, broken jaw, two broken arms, broken ribs and traumatic brain injury.  He is entitled to claim damages for pain and suffering, past and future medical expenses, lost earnings, lost earning capacity, loss of consortium and loss of life's pleasures.

Source: theleafchronicle.com, "Fort Campbell soldier's motorcycle accident highlights road safety concerns", Ray Howze, Aug. 31, 2015

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