At least three motorcyclists have died on Nashville roads since June, a cluster of fatalities that is drawing fresh attention to how fault is determined in crashes involving motorcycles. The most recent occurred on Sept. 1, when a 46-year-old Metro Parks employee crashed on an Interstate 440 exit ramp, according to WSMV. On July 30, a 19-year-old rider died 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 implications of these deaths extend beyond the immediate loss of life. They raise questions about how quickly fault is assigned in the aftermath of a crash and whether injured riders and surviving families understand their legal options. "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."
That assumption matters because Tennessee follows modified comparative fault, a rule the Tennessee Supreme Court adopted in McIntyre v. Balentine. Under the rule, each person involved 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. But a rider found 50 percent or more at fault recovers nothing from the other parties.
Because those percentages can decide whether a family recovers anything at all, the evidence used to establish them becomes critical. 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. The firm has offices in Memphis and Nashville and offers free consultations for personal injury matters, which can be requested online.
