In 2024 alone, there were close to 3,000 motorcycle crashes across Tennessee, resulting in more than 1,700 personal injuries. Despite accounting for only a small fraction of Tennessee’s motor vehicle accidents, motorcycle crashes disproportionately lead to devastating outcomes like traumatic brain injuries (TBIs). These injuries have the ability to completely alter the trajectory of an accident victim’s life, leading to long-lasting physical, emotional, and financial consequences. Let’s take a closer look at the relationship between motorcycle accidents and traumatic brain injuries and explore how an experienced brain injury attorney can help motorcycle accident victims.

The danger of motorcycle accidents: At a glance

Motorcycle accidents have long been viewed as uniquely dangerous when compared to other kinds of motor vehicle accidents. According to the CDC, motorcycles account for less than 1% of all vehicle miles driven on U.S. roads but are responsible for roughly 14% of all traffic fatalities.

The dangers posed by motorcycle accidents are often attributed to a variety of factors, including:

• Lack of structural protection
• Greater exposure to the elements
• High risk of ejection
• Smaller size
• Limited visibility
• Reduced stability
• Speeding
• Delayed medical response
• Driver error and inexperience

In Tennessee, the bulk of motorcycle accidents reported in 2024 were attributed to speeding and reckless driving, but substance use also played a role in nearly 150 fatal crashes. All of these risk factors contribute significantly to the increased potential for catastrophic injury and death in traffic accidents involving motorcycles and highlight the need for enhanced safety protocols for both riders and other local motorists.

Motorcycle accidents and traumatic brain injuries

The research is clear: Head injuries are among the most common injuries sustained in motorcycle accidents and account for approximately 50% of all motorcycle accident fatalities. This correlation is often attributed to the fact that many motorcyclists do not regularly wear helmets or other head protection while operating their motorcycles. In the absence of adequate head protection, riders are particularly prone to serious head injuries in the event of an accident, with many suffering from the long-term consequences of traumatic brain injuries.

TBIs typically occur as the result of a direct blow to the head or from a forceful motion like whiplash. In both scenarios, the person’s brain experiences a significant physical impact that can lead to bruising, bleeding, or other impairments. Fundamentally, TBIs affect the way a victim’s brain functions, and the effects of these injuries can range substantially in severity and duration.

Some symptoms commonly associated with traumatic brain injuries include:

• Headaches
• Dizziness
• Memory loss
• Cognitive changes
• Mood swings
• Speech changes
• Loss of mobility or motor skills
• Seizures
• Loss of consciousness
• Coma or vegetative state

While many TBI survivors suffer mild symptoms that resolve over time, others are left with long-lasting complications that can impact every facet of their lives. In these cases, victims and their family members are often left to manage severe physical, emotional, legal, and financial consequences simultaneously, which can further strain relationships and resources during what is already a time full of uncertainty.

For this reason, many victims of motorcycle accidents choose to pursue personal injury claims for compensation related to their recovery.

Filing a TBI claim in Tennessee

When a motorcycle accident victim suffers a TBI, they may have cause to file a claim for compensation if they can prove their injuries were caused by another person’s negligence. In Tennessee, establishing negligence typically requires demonstrating that:

• The alleged at-fault party owed the victim a legal duty of care
• The at-fault party failed to adhere to its legal duty of care
• The accident victim suffered identifiable harm
• The harm suffered by the victim was directly caused by the at-fault party’s breach of care

If the accident victim can conclusively demonstrate that their TBI was directly caused by another party’s negligence, they may be within their rights to file a claim via their insurance company or in the civil court system.

Proving liability in motorcycle TBI claims typically requires that victims partner with an experienced personal injury attorney who can help them collect evidence, calculate damages, and build a compelling case. While many TBI claims are resolved via the standard insurance process, there are other cases in which a victim will need to fight for their rights via the legal system.

Compensation for brain injuries in motorcycle accidents

A reliable personal injury attorney can advocate for their client’s right to compensation during settlement negotiations, mediation, or even before a court of law, if necessary. In Tennessee, TBI survivors can pursue compensation for both economic and non-economic damages related to their injuries. These commonly include things like:

• Medical bills
• Rehabilitation costs
• Placement in long-term care facilities
• Therapy expenses
• Lost wages
• Reduced earning capacity
• Emotional distress
• Pain and suffering

In Tennessee, economic damages related to a victim’s financial losses are not subject to a damage cap, while non-economic damages are capped at $750,000 in most cases. In cases involving particularly egregious or reckless conduct, victims may also be entitled to punitive damages from the at-fault party in their case. These damages are typically capped at twice the amount of compensatory damages awarded or $500,000 – whichever is greater (TN Code § 29-39-104 (2024)).

Additional legal considerations

Tennessee has one of the shortest statutes of limitations for personal injury cases in the country, with most cases subject to a statute of one year. This means it is vital for motorcycle accident victims to begin the process of filing a claim as soon as possible.

Additionally, Tennessee’s modified comparative negligence rule means if an injured party is found to have contributed in any way to their own injuries, any compensation they receive will ultimately be reduced. Your attorney can help you combat claims you contributed to your injuries and collect evidence to support your case.

If you or a loved one suffered a brain injury in a motorcycle accident, don’t wait. The experienced, local team at Banks & Jones helps TBI victims in Knoxville and the surrounding areas fight for their rights in the wake of a life-changing motorcycle accident. Give us a call today to speak with a member of our team.