Bicycle Accidents
Larry R. Williams, Jonathan Williams and their staff have represented numerous clients who have been injured in bicycle accidents. No two bicycle accidents are the same and may occur in different ways, including, dangerous or defective roadways and pathways, a manufacture's defect in the bicycle, such as brakes, tires, and impacts with motor vehicles.
Do I Have A Duty By Law To Wear A Helmet?
In Tennessee there is no law requiring persons 17 years and older to wear a helmet while bicycling except when cycling in State parks. However, Tennessee does require children 16 years and under to wear a helmet when bicycling. Failure to wear the helmet is, no matter your age, not admissible in a civil action for injuries sustained by the negligence of a third party. A jury could speculate that you were not wearing a helmet if you sustain a head injury, but the lack of a helmet will not be admissible as comparative fault.
What If I Am Partially At Fault For The Accident?
Tennessee has a modified comparative fault system. An injured bicyclist who is partially at fault for the accident can still recover so long as their fault remains less than the negligence of a third party. Specifically, if you are more than 50% at fault for an accident, then you will not be able to recover. If you are 50% or less at fault, then your damage award is reduced by the percentage of your negligence.
What Rights And Responsibilities Do I Have As A Bicyclist?
By law, Tennessee bicycle riders have the same rights and responsibilities as persons operating an automobile or other vehicle and must comply with all applicable traffic regulations. Some of the regulations for persons operating a bicycle on a roadway are:
- Bicycle riders shall keep well to the right side of the road and shall keep the bicycle under complete control at all times.
- Bicycles shall not be ridden abreast of one another except on roads designed for bicycle use only.
- Each bicycle must exhibit a white light on the front and a red light or red reflector on the rear during periods of low visibility or during the period between sundown and sunup.
- Any person operating a bicycle at less than the normal speed of traffic shall generally ride as close as practicable to the right hand curb or the edge of the roadway.
- If a bicyclist is riding on a sidewalk, he or she has a duty to yield the right-of-way to any pedestrian before overtaking and passing such pedestrian, and will give an audible signal before passing said pedestrian.
Please contact Larry R. Williams, PLLC for a free consultation so we may discuss and review your bicycle accident case in greater detail at (615) 256-8880.
