Back and Neck Injuries

Motorcycle crash victims are particularly susceptible to back and neck injuries. If their back or neck hits the ground or another vehicle, they have little or no protection against the full force of the impact, and the result may be paralysis or death. If you are seriously hurt while riding a motorcycle in East Tennessee, experienced Knoxville motorcycle accident lawyer Mark Hartsoe is ready to help you aggressively pursue damages. He is familiar with motorcycle culture and can persuade a jury to be sympathetic to the pain that you have suffered.

Many motorcycle accidents that cause back or neck injuries result from negligence by another driver. To establish a driver's negligence, you will need to prove that the driver failed to drive safely, and this failure was the cause of your back or neck injuries.

What if a victim was partially to blame for a motorcycle accident? Tennessee follows a rule of modified comparative negligence, and a motorcyclist's degree of fault may reduce their damages. A victim in Tennessee may only recover damages if a judge or jury decides that their fault for the crash was 49% or less. Mark Hartsoe can gather evidence and develop arguments to minimize any degree to which you may have been responsible for the accident in which you were hurt.

Not all injuries may be prevented by wearing a motorcycle helmet. However, wearing a helmet may make the difference between life and death in the context of certain upper neck injuries. In Tennessee, motorcyclists and their passengers need to wear a crash helmet that meets federal standards. When a driver or passenger is 21 years old or older, the helmet needs to meet federal safety standards, have ventilation airways of a certain size, and include a label stating that it complies with certain requirements. People riding a motorcycle with an enclosed cab that has three wheels on the ground, weighs less than 1,500 pounds, and can maintain the posted highway speed limit are exempt from the mandatory helmet rule.

A court may look at whether you were wearing a helmet to determine whether you were partially to blame for your injuries. If you have only back injuries, a helmet may not have made a difference in the crash. However, if a victim suffers neck injuries, the defendant may argue that a helmet could have prevented the harm. As an experienced personal injury attorney, Mark Hartsoe understands how to show that a defendant’s carelessness was the principal cause of a wreck, and he also knows how to establish the full extent of your non-economic damages. These usually include pain and suffering, mental anguish, loss of enjoyment, and loss of consortium. Non-economic damages are often substantial in cases involving back and neck injuries because these injuries tend to have a long-term or permanent impact on a victim’s life. We also seek recovery of your other losses, such as past and future medical bills as well as lost earnings and lost earning potential.

Back and neck injuries resulting from a motorcycle crash may be serious. It is important to retain Knoxville motorcycle accident attorney Mark Hartsoe before discussing your situation with an at-fault driver's insurer. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to schedule a free consultation. Mark Hartsoe represents people who need a motor vehicle collision lawyer throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.