Motorcycle Accident Claims in Tennessee
The Tennessee helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Tennessee requires every motorcycle driver and passenger (and riders of motorized bicycles and motorscooters) to wear a crash helmet. A helmet meeting the federal standard (49 CFR 571.218) satisfies the law for everyone; Tenn. Code Ann. § 55-9-302
| Motorcycle helmet law | Tennessee requires every motorcycle driver and passenger (and riders of motorized bicycles and motorscooters) to wear a crash helmet. A helmet meeting the federal standard (49 CFR 571.218) satisfies the law for everyone; riders 21 or older may instead wear a helmet meeting listed alternative criteria. Exemptions include riders in an enclosed cab or fully enclosed autocycle, riders 18 or older in a parade at 30 mph or less, and riders 21 or older in certain funeral or escorted memorial processions. The section does not say that not wearing a helmet reduces damages. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. Source: Tenn. Code Ann. § 55-9-302 |
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| Lane splitting | Lane splitting is banned: Tennessee law prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except for police officers performing official duties. No more than two motorcycles may ride side by side in a single lane. Read on codes.findlaw.com (a public copy of the official code); check against the official code. The FindLaw page says it is current as of January 2, 2024. |
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault. Source: Tenn. Code Ann. § 29-39-102(b) |
| Minimum car insurance | Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond. Source: Tenn. Code Ann. § 55-12-102(12) |
| Deadline to sue for an injury | One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted. Source: Tenn. Code Ann. § 28-3-104(a) |
More Tennessee personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Tennessee
- Wrongful Death Lawsuits in Tennessee
- Medical Malpractice Rules in Tennessee
- Car Accident Claims in Tennessee
- Dog Bite Liability in Tennessee
- Sidewalk and Public Property Falls in Tennessee
- Pedestrian Accident Claims in Tennessee
- Bicycle Accident Claims in Tennessee
- Uber and Lyft Accident Claims in Tennessee
- Truck Accident Claims in Tennessee
- Construction Site Injuries in Tennessee
- All Tennessee personal injury & wrongful death rules
FAQ
Do you have to wear a motorcycle helmet in Tennessee?
Tennessee requires every motorcycle driver and passenger (and riders of motorized bicycles and motorscooters) to wear a crash helmet. A helmet meeting the federal standard (49 CFR 571.218) satisfies the law for everyone; riders 21 or older may instead wear a helmet meeting listed alternative criteria. Exemptions include riders in an enclosed cab or fully enclosed autocycle, riders 18 or older in a parade at 30 mph or less, and riders 21 or older in certain funeral or escorted memorial processions. The section does not say that not wearing a helmet reduces damages.
Is lane splitting legal in Tennessee?
Lane splitting is banned: Tennessee law prohibits operating a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, except for police officers performing official duties. No more than two motorcycles may ride side by side in a single lane.
Can you recover damages if you were partly at fault in Tennessee?
Modified comparative fault (50% bar). The damages statute provides that recovery of any damages is barred if the plaintiff's comparative fault (or in a wrongful death case, the fault of the person who died) is equal to or greater than 50%. Noneconomic damages are apportioned among multiple defendants by their percentage of fault.
What is the minimum car insurance required in Tennessee?
Proof of financial responsibility (for proof required after December 31, 2022) means a split-limit policy of at least $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage, or a $65,000 single-limit policy, cash deposit or bond.
What is the statute of limitations for personal injury in Tennessee?
One year after the cause of action accrues for injuries to the person. The deadline is two years if criminal charges are brought against the person who caused the injury (or the conduct is the subject of a criminal prosecution started within one year), and the injured person sues the person prosecuted.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.