Nashville Motorcycle Deaths Spur Legal Warning on Fault

At least three motorcyclists have died on Nashville roads since June, drawing attention to the dangers riders face and the legal complexities that follow. Among the victims are a 46-year-old Metro Parks employee who crashed on an Interstate 440 exit ramp on Sept. 1, a 19-year-old rider who died on I-65 near Dickerson Pike after hitting the back of a tractor-trailer, and a 35-year-old rider who collided with a car on Hermitage Avenue on June 3. In response, Tennessee law firm Patterson Bray PLLC is urging injured riders and their families not to treat early police statements as the final word on fault. “When a motorcycle's involved, people tend to assume the rider was speeding,” said Will Patterson, an attorney with the firm. “Sometimes that's true. But a lot of times another driver just didn't look.” The firm’s Nashville motorcycle accident lawyers can investigate whether another driver or the road itself played a part.

Tennessee follows modified comparative fault, a rule adopted by the Tennessee Supreme Court in McIntyre v. Balentine. Under this rule, each person involved in a crash is assigned a percentage of fault, either in settlement talks or by a jury. A rider whose share is less than 50 percent can still recover damages, reduced by that share. For example, a rider found 20 percent at fault for a $100,000 loss would recover $80,000. However, a rider found 50 percent or more at fault recovers nothing from the other parties. The firm emphasizes the importance of gathering evidence beyond the initial police report, such as footage from nearby businesses and traffic cameras, which may be recorded over or lost within days. Vehicle data, skid marks, and witness accounts gathered later can shift fault percentages considerably. Tennessee generally allows only one year to file an injury claim under Tenn. Code Ann. § 28-3-104, so families who wait may lose the chance to use that evidence.

Patterson Bray PLLC handles personal injury cases across Tennessee and Mississippi, including motorcycle, car, and truck accidents, wrongful death, and medical malpractice claims. Will Patterson focuses on tort, commercial, and construction litigation. Best Lawyers in America recognizes him for Personal Injury Litigation and Commercial Litigation. He earned his J.D. from the University of Memphis Cecil C. Humphreys School of Law and is admitted to practice in Tennessee, Mississippi, and multiple federal courts. The firm has offices in Memphis and Nashville, answers its phones 24 hours a day, and offers free consultations for personal injury matters, which can be requested online.