Collierville Motorcycle Accident Lawyer
A rider hit on Poplar Avenue or one of the busy corridors through Collierville often wakes up in a hospital bed facing road rash, broken bones, and an insurance adjuster who is already asking for a recorded statement. Fox, Farley, Willis & Burnette is a Tennessee personal injury law firm that represents injured motorcyclists and their families, serving Collierville and the rest of Shelby County along with clients across Tennessee.
A Collierville motorcycle accident lawyer has to deal with a problem that car crash cases rarely present: bias. Insurers and some jurors assume riders are reckless, so a left-turning driver who says “I never saw him” can quietly shift blame onto the person with no steel cage around him. The injuries are also different in kind. Riders absorb the impact with their own bodies, which is why these cases so often involve traumatic brain injuries, spinal damage, crushed limbs, and amputations. The value of a claim depends on proving what the driver did and documenting what the injury will cost across a lifetime, not just through the first round of treatment.
Tennessee gives injured riders very little time. The general deadline to file is one year from the date of the crash, which is among the shortest in the country, and evidence such as helmet damage, skid marks, traffic camera footage, and the other vehicle’s data can vanish well before that deadline arrives. Starting early is not a formality in a motorcycle case. It is often what decides whether the fault story gets told by the rider’s side or only by the driver’s.
Common Motorcycle Crash Situations Around Collierville
- Left-Turn and Failure-to-Yield Collisions: The classic motorcycle crash happens when a driver turns across a rider’s path at an intersection or pulls out of a shopping center, subdivision entrance, or side street. Drivers often claim they looked and never saw the bike, which is not a defense to failing to yield.
- Lane-Change and Blind-Spot Crashes: Heavy traffic on Poplar Avenue, Germantown Parkway, and the roads feeding Highway 385 creates constant merging. A bike in a blind spot can be forced off the road or clipped by a car that drifts over.
- Distracted-Driving Crashes: Tennessee’s Hands Free law makes it illegal to hold a phone, read or send text-based messages, or watch video while driving. Phone records and witness accounts can show a driver was looking down when a rider was struck.
- Drunk and Impaired Drivers: Tennessee’s per se alcohol limit is 0.08 percent, and impairment from prescription drugs can also support a case. When a defendant was intoxicated, the state’s cap on noneconomic damages does not apply.
- Hit-and-Run Crashes: When a driver strikes a rider and flees, recovery may depend on uninsured motorist coverage. Our attorneys won $2.3 million for a Knox County motorcyclist who lost his leg after a driver hit him and left the scene.
- Tractor-Trailer and Commercial Vehicle Crashes: Collierville sits in a major distribution region, and rider collisions with delivery vans and big rigs can turn on driver logs, maintenance records, and electronic data that must be preserved quickly.
- Road Hazard and Defect Crashes: Gravel, potholes, oil, and poorly marked construction zones are far more dangerous on two wheels. Depending on who created or maintained the hazard, a claim may run against a contractor, a private owner, or a government entity, each with its own rules.
- Passenger and Pedestrian Injuries: Riders are not the only victims. A passenger on the bike, or a pedestrian or bicyclist struck in a related collision, may have separate claims against one or more drivers.
Why Choose Fox, Farley, Willis & Burnette for a Motorcycle Injury Case
Bruce D. Fox, co-founder of the firm, has tried more than 125 jury trials in state and federal court, and that courtroom record matters in motorcycle cases because the rider-bias problem is usually solved in front of a jury, not at a negotiating table. Insurers know which firms are willing to try a case and which will settle for whatever is offered, and that reputation shapes the offers that come back.
The firm’s attorneys bring more than 170 years of combined experience and have recovered over $100 million for clients. Partner Brad C. Burnette holds an AV Preeminent rating from Martindale-Hubbell and serves on the Tennessee Trial Lawyers Association Board of Governors. Partner John Willis also sits on that board and is a past president of the Anderson County Bar Association. Two of the firm’s partners earlier defended insurance companies, trucking companies, and businesses, so they understand how adjusters value a rider’s claim and where the defense tends to push back. Trial attorney Michael C. Beehan is fluent in Spanish, and the firm welcomes Spanish-speaking clients.
Results in serious cases give some measure of that experience. The firm recovered $3.4 million for the family of a man killed in a Morgan County rear-end collision, $1.9 million for a Sevier County family after a driver failed to yield and killed a mother, and $1.6 million for an Anderson County man struck head-on by a commercial delivery truck. Past results do not guarantee a similar outcome in any other case. Clients pay no attorney fees unless the firm recovers compensation, and every consultation is free. Our attorneys voted among Knoxville’s Top Attorneys by CityView Magazine continue to try cases, and the firm can meet seriously injured clients at home or in the hospital.
What Tennessee Law Means for an Injured Rider’s Recovery
Fault is the center of nearly every motorcycle claim. Tennessee follows a modified comparative fault rule: you can recover only if you are less than 50 percent responsible, and your award is reduced by your percentage. At 50 percent or more, the claim is barred. That is why insurers work so hard to assign a rider even a modest share of blame, arguing speed, lane position, or lack of a visible headlight. Tennessee also allows fault to be assigned to people who are not parties to the lawsuit, and it has abolished joint and several liability in most negligence cases, so each defendant generally pays only its own share. Identifying every responsible party early, including a second driver, an employer, or a contractor who left a hazard, can change how much of a loss is actually collectible.
Damages in Tennessee fall into two groups. Economic damages, such as medical bills, rehabilitation, lost income, and reduced earning capacity, are not capped. Noneconomic damages, such as pain, suffering, and loss of enjoyment of life, are generally limited to $750,000, rising to $1 million for a defined catastrophic loss, which includes spinal cord injury resulting in paraplegia or quadriplegia, amputation of two hands, two feet, or one of each, and severe burns. The jury decides by special verdict whether a catastrophic loss exists, and the limit is applied by the court afterward without being disclosed to the jury. The caps are lifted when the defendant intentionally caused the injury, destroyed evidence, was convicted of a related felony, or was intoxicated to a degree that substantially impaired judgment. Because so many motorcycle injuries involve lifelong medical needs, proving the economic side of the case thoroughly is where much of the value lies.
Insurance limits are the other practical ceiling. Tennessee’s minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury, a figure that is quickly exhausted by a serious motorcycle injury. That makes your own uninsured and underinsured motorist coverage, and your own policy’s medical payments coverage, important sources of recovery. Property damage claims have a separate three-year deadline, but do not let that longer window lull you into waiting on the injury claim, which carries the one-year clock.
What to Do After a Motorcycle Crash in Collierville
Get medical care immediately, even if you walked away feeling fine. Adrenaline masks fractures, internal bleeding, and concussions, and a gap between the crash and your first treatment gives an insurer an argument that something else caused your pain. Emergency care for Collierville-area crashes often routes to Memphis-area trauma centers, and those records become the backbone of your claim. Follow every treatment recommendation and keep each discharge paper, prescription, and bill.
Make sure a police report is filed, whether through the Collierville Police Department or another responding agency, and get the report number. If you are able, or if a friend can help, photograph the scene, the position of the vehicles, skid marks, the road surface, and your injuries. Keep the helmet, jacket, boots, and gloves exactly as they are and do not repair or replace the motorcycle until it has been documented. Write down the names of witnesses, since bystanders are often the only people who can contradict a driver who says the rider was speeding.
Be careful with insurance companies. You will likely hear from the other driver’s adjuster within days, and a friendly request for a recorded statement is designed to collect admissions about speed, lane position, or how you feel. Giving only your basic information and referring them to your attorney avoids that. Also avoid posting about the crash or your recovery on social media, because photos of a good day can be used to undercut a claim for ongoing pain.
Civil injury suits arising in Collierville are filed in the court system for Shelby County, which is part of Tennessee’s 30th Judicial District, and federal claims in the region go to the U.S. District Court for the Western District of Tennessee in Memphis. If a government vehicle or entity played a role, a separate rule applies: suits under the Governmental Tort Liability Act must be filed within 12 months and carry their own damage limits. If the person who injured you faces criminal charges for the same conduct, the filing period can extend to two years, but only when prosecution begins within the first year, so no one should count on it. If a rider dies, the one-year period runs from the date of the injury, not the date of death. Reaching out early gives your attorney time to preserve evidence, handle the insurers, and build the case before any of those clocks run out.
Questions Collierville Riders Ask About Motorcycle Accident Claims
How long do I have to file a motorcycle accident lawsuit in Tennessee?
The general deadline is one year from the date of the crash. If the at-fault driver is criminally charged and the prosecution begins within that first year, the period can extend to two years. Claims involving a government entity must be filed within 12 months, and property damage claims have a separate three-year window.
Can I recover if the other driver says I was partly to blame?
Yes, as long as your share of fault is under 50 percent. A rider found 20 percent responsible, for example, would see the award reduced by 20 percent. A finding of 50 percent or more bars recovery entirely, which is why disputes over fault percentages are fought so hard.
Does not wearing a helmet ruin my case?
Not automatically. Helmet use is a common defense argument, particularly in head injury cases, and the other side may try to assign you a share of fault for it. Whether it applies depends on the facts and the injuries involved, and your attorney can evaluate how it would likely be raised.
What if the driver who hit me had no insurance or fled the scene?
Your own uninsured motorist coverage may apply, which is why reviewing your policy early matters. Tennessee’s minimum liability limits are also low relative to serious injuries, so underinsured motorist coverage can fill part of the gap when the at-fault driver’s policy is exhausted.
What compensation can a motorcycle accident victim seek?
Recoverable losses include medical expenses, future care, lost wages, lost earning capacity, pain and suffering, and loss of enjoyment of life. Economic damages have no cap in Tennessee, while noneconomic damages are generally limited, with a higher limit for catastrophic losses and exceptions for cases like intoxicated defendants.
Who can bring a wrongful death claim if a rider is killed?
The right to sue generally passes first to the surviving spouse, then to children or next of kin, and the claim can also be pursued through a personal representative. The recovery can include lost income, medical and funeral costs, and the value of the life that was taken.
Will my health insurance cover treatment while my claim is pending?
Often yes, and using it is usually better than delaying care. Your health insurer may later seek reimbursement from a settlement, so your attorney should track those liens from the start and negotiate them as part of resolving the case.
Is it worth hiring a lawyer if my motorcycle injuries seem minor?
Often it is, because injuries that seem manageable at first, such as back pain or a mild concussion, can worsen over weeks. Accepting a quick insurance payment usually ends your right to ask for more, so a free consultation before you sign anything is a low-risk way to learn what your claim may be worth.
What if the crash involved a tractor-trailer or delivery truck?
Those cases involve additional responsible parties, such as the carrier, the shipper, or a maintenance contractor, and evidence like driver logs and electronic data can be overwritten quickly. Early preservation requests are important, and commercial policies often carry higher limits than a private driver’s.
Can I still bring a claim if the injured rider is a minor?
Yes. When the injured person is under 18 at the time of the crash, the filing period is paused until the 18th birthday, after which the one-year clock begins. Parents may also have their own claims for medical expenses, so the family should speak with an attorney promptly.
Do I have to travel to meet my lawyer if I am badly hurt?
No. The firm can meet seriously injured clients where they are, including at home or in the hospital, and handles the investigation and insurance communication while you focus on recovery.
Serving Collierville and Shelby County Motorcycle Accident Clients
Our work for riders begins in Collierville, a Shelby County town on the eastern edge of the Memphis area, and extends through the communities that surround it. We represent injured motorcyclists in Germantown, Bartlett, Cordova, Lakeland, Arlington, Eads, Piperton, Memphis, and Millington, along with riders from the Hickory Hill, Midtown, Downtown, and East Memphis neighborhoods who were hurt in the corridor around Poplar Avenue and Germantown Parkway. Beyond Shelby County, we also serve clients in neighboring Tennessee counties and riders traveling through the region on the interstates and highways that connect West Tennessee to Nashville and East Tennessee.
The firm’s reach covers all of Tennessee, including Knoxville, Maryville, Sevierville, Gatlinburg, Pigeon Forge, Clinton, LaFollette, Johnson City, and Nashville, and counties such as Knox, Sevier, Anderson, Blount, Roane, Campbell, Claiborne, Morgan, Jefferson, and Monroe. If you were hurt on a motorcycle anywhere in the state, or you are a visitor who crashed far from home, we can review the claim and explain your options.
Talk With a Collierville Motorcycle Accident Attorney Before the Deadline Passes
Evidence disappears and a one-year filing deadline keeps running while you recover. A Collierville motorcycle accident attorney at Fox, Farley, Willis & Burnette can review your crash, identify every party who may be responsible, and take over the insurance calls so you can focus on healing. The consultation is free, and you pay no attorney fees unless we recover compensation for you.
Call today to schedule your consultation. Hablamos español, and if your injuries make travel hard, we can come to you.
