At least three motorcyclists have died on Nashville roads since June, according to local news reports, highlighting the risks riders face and the complex question of who is ultimately at fault in such crashes. The fatalities include a 46-year-old Metro Parks employee who died on September 1 after crashing on an Interstate 440 exit ramp, as reported by WSMV. On July 30, a 19-year-old rider was killed on I-65 near Dickerson Pike after hitting the back of a tractor-trailer. And on June 3, a 35-year-old rider died after colliding with a car on Hermitage Avenue, Fox 17 reported.
The string of deaths has drawn attention to how fault is determined in motorcycle accidents. "When a motorcycle's involved, people tend to assume the rider was speeding," said Will Patterson, an attorney with Tennessee firm Patterson Bray PLLC. "Sometimes that's true. But a lot of times another driver just didn't look." The firm encourages injured riders and their families not to treat early police statements as the final word on fault. Their Nashville motorcycle accident lawyers can investigate whether another driver or the road itself played a part.
Tennessee follows modified comparative fault, a rule the Tennessee Supreme Court adopted in McIntyre v. Balentine. Under that 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.
Evidence gathering is critical because a police report reflects what officers learned at the scene, often before video is collected or every witness is interviewed. Footage from nearby businesses and traffic cameras may be recorded over or lost within days. Vehicle data, skid marks, and witness accounts gathered later can shift the fault percentages considerably. Tennessee also 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.
For riders and their families, the key takeaway is that fault in motorcycle crashes is rarely clear-cut. Understanding Tennessee's comparative fault system and acting quickly to preserve evidence can make a significant difference in the outcome of a claim.
