In this recent accident case, W.C. was killed during an accident involving his local road biking group. On the morning of the accident, W.C. was riding in a pace line formation with his biking friends, including M.N. and G.L. M.N.’s front tire hit G.L.’s back tire, for reasons that were in dispute, which caused M.N. to crash and led to a chain reaction down the pace line, until eventually W.C., in an effort to avoid the crash, swerved and ended up going head first over his bike. He was rendered quadriplegic and died several weeks later.

W.C.’s wife sued M.N. for W.C.’s death, and M.N. named G.L. as an additional possible defendant under the doctrine of comparative fault. W.C.’s wife then joined G.L. as an additional defendant. At trial, M.N. presented evidence that he had only run into G.L. because G.L. slowed down suddenly and unexpectedly. G.L. then presented evidence that he had not slowed down suddenly, but M.N. had failed to follow carefully and had run into his bike. Both sides presented expert testimony and the testimony of witnesses. Both. M.N. and G.L. then moved for summary judgment.

A case out of the Sixth Circuit illustrates this point. In Applebaum v. Target, Lori Applebaum sued Target after she fell off a bike she purchased from the store that she alleged was not correctly repaired. According to Ms. Applebaum, she was looking for a very particular bike that was out of stock in her local Target store. She was instead directed to a different store, where she was told that they had a bike that had previously had brake problems but was completely repaired. Ms. Applebaum purchased that bike. On her first ride, while going down a hill, her brakes clamped down on her rear tire and locked, causing her to fall. Ms. Applebaum took the bike back to the Target store and allegedly gave it back to Target officials, telling them that it had caused her accident.

Target’s recollection of events was very different. It presented testimony at trial that Ms. Applebaum had simply called the store looking for her specific bike and was told they had the bike in stock. She then picked it up from the store as a new bike, and no mention was made by any employees of any repairs that had been completed. After the accident, Ms. Applebaum returned to the store to report the accident but took the bike back home with her.  Under either version of events, the bike ultimately disappeared and could not be found.

Ms. Applebaum alleged that Target was negligent in selling her the bike and sought damages for her injuries.  The jury heard her testimony and the testimony of eight other witnesses, including several Target employees. Ultimately, the jury determined that Target was not negligent and declined to award Ms. Applebaum any damages. She appealed.

On appeal, Ms. Applebaum argued that she should be granted a new trial because the weight of the evidence did not support the verdict against her. The Sixth Circuit declined to agree. It noted the significant deference that is given to juries when they weigh the evidence and reach their verdicts. If the evidence would support either of two versions of events, juries are entitled to decide which version they find more believable and therefore deserving of their support and verdict. Even when some evidence may weigh against a jury’s finding, the court held that it is a “rare occurrence” when it determines that the weight of the evidence is so heavily against a jury verdict as to require a new trial.  Accordingly, on this basis, Ms. Applebaum’s request was denied.

The best protection against the risks of a jury trial is to invest in an experienced and knowledgeable trial attorney. A good trial attorney can help you understand how to present your facts, how to persuade a jury about your story, and how to convince them of your legal arguments. While no personal injury case is ever perfect, a good personal injury attorney can lead the jury to understand that the weight of the evidence is indeed in your favor.

If you have recently been injured in an accident, experienced Tennessee motor vehicle collision attorney Eric Beasley is the skilled and effective advocate that you need in the courtroom.  For more information or to discuss the circumstances of your case, contact the Law Office of Eric Beasley today at 615-859-2223.

Related Blog Posts:

Preemption of Personal Injury Claims By ERISA, Tennessee Personal Injury Blog, May 26, 2016

Am I Eligible to File a Personal Injury Claim?, Tennessee Personal Injury Blog, March 10, 2016

The Complexities of Bringing Personal Injury Claims Against International Corporations in Tennessee, Tennessee Personal Injury Blog,  March 10, 2016

The reason for Tennessee’s motorcycle helmet law is fairly straightforward. Helmets help save lives during sudden and unexpected accidents. According to the Centers for Disease Control, Tennessee’s helmet law helps to save an average of 46 lives each year, and over $94 million in health care and emergency-related expenses that would otherwise be incurred as a result of accidents.  However, despite such benefits, Tennessee’s helmet law is currently being questioned.  A recent bill, proposed by Republican Representative Jay Reedy, would relax Tennessee’s helmet law requirements and allow greater numbers of Tennessee motorcycle drivers and passengers to travel Tennessee’s roadways while not wearing a safety helmet.

The Bill, House Bill 700, would specifically allow drivers and passengers over the age of 21 to decide whether they want to wear a helmet or not. The only exception would be for those individuals currently under the coverage of TennCare, Tennessee’s version of Medicare. According to sponsors and supporters of the bill, Tennessee’s current motorcycle helmet laws interfere with the freedom of drivers and riders to choose to wear a helmet or not, and they are an intrusion of the government into personal affairs. Opponents of the bill note that helmets have clear safety benefits for people on motorcycles, and the relaxation of motorcycle helmet requirements has historically led to greater injuries and deaths in states that have relaxed such laws.  For instance, according to the American Journal of Public Health, Pennsylvania saw a 66 percent increase in deaths due to motorcycle accidents after it relaxed its helmet requirements. For this reasons, organizations like the American Automobile Association have testified in support of the current law and against the relaxation of the restrictions, arguing that helmet laws are an important element of public safety.

The House is set to vote on the bill on February 23rd, after postponing a vote scheduled for February 17th.  A relaxation of helmet requirements might lead to an increase in motorcycle accidents, resulting in serious injuries and fatalities and, correspondingly, an increase in personal injury lawsuits for people hurt while on motorcycles.

Auto accident attorney Eric Beasley is well aware of the grave injuries that can occur during a motorcycle accident, and he has helped many accident victims navigate the complexities of legal proceedings and medical care after a serious accident. Whether you were wearing a helmet or not while operating a motorcycle, if you have recently been injured and are concerned about your legal rights, contact the Law Office of Eric Beasley today at 615-859-2223.

Related Blog Posts:

Accident Evidence in the Social Media Era, Tennessee Personal Injury Blog, January 13, 2016.

Tennessee Auto Accident Guide – What to Do and When, Tennessee Personal Injury Blog, October 2, 2015

What to Do After a Motorcycle Accident, Tennessee Personal Injury Blog, July 27, 2015

How a Nashville Accident Attorney Can Help

You might not know what to expect the first time you visit a lawyer’s office. To start with, you’ll be asked to describe the situation you’re concerned about. This interview will take place before any papers are signed so you won’t be held to any obligation if the Nashville Accident Lawyer is unable to assist. You’ll also be informed of steps involved in filing a car accident claim. This will give you an idea of how quickly your case can be resolved. If everything is agreeable to you, a contract will be available for you to sign. You’ll receive a copy of the document for your own records; it is part of your attorney’s legal responsibility to provide you with a copy of the contract so you can refer back to it in the future.

Unfortunately, cyclists and pedestrians involved in motor vehicle accidents often suffer serious or fatal injuries. Many of these accidents are caused by negligent or reckless conduct on the part of motor vehicle drivers. If you have been injured in an accident that resulted from the negligence of another, you deserve to be compensated for your injuries. An experienced Murfreesboro auto accident attorney can help you get the compensation you deserve.

Free Consultation with a Murfreesboro Auto Accident Attorney