Being involved in a bicycle accident can be life-changing, especially if you are hit by a car or truck head-on. In these situations, it may seem obvious that the other party is responsible and that you should be paid compensation. Yet, you still have to prove fault in a Nashville bicycle accident case to recover damages.
Your Nashville bicycle accident lawyer will help with this process, and in doing so will find all available evidence to substantiate your claim. Consider what may go into that process.
You Followed the Tennessee Bike Laws
One of the ways that you can demonstrate that the other party should pay for your losses is to demonstrate that you meet all of the Tennessee bike laws required of you. That may include signaling when turning, driving in the direction of traffic, and maintaining proper distance from other vehicles. Demonstrating that you were doing everything legally required of you and that the other party was not can help you build your claim.
They Demonstrated Negligence
You will need to demonstrate that the other party was negligent in the incident. To do that, you must meet four specific rules:
- They owed you a duty of care.
- They breached that duty of care.
- Because they breached that duty of care, an accident took place.
- You suffered physical and financial losses due to the accident.
For example, if you were waiting at a light and had the right of way to go through the intersection, and the other party did not, you could show they breached their duty of care to abide by the laws of the road. In doing so, they caused the accident that led to your injuries.
You Were Less Than 50% at Fault for the Bike Accident
Another important part of proving fault in a Nashville bike accident case is demonstrating that the other party was “more at fault” than you. That is, Tennessee’s modified comparative fault means that you can seek compensation for your losses as long as you were not more than 50% at fault. Note that the compensation you receive will be reduced by the percentage of fault you had.
If the court determines both parties held some fault, your attorney will work to ensure that your percentage of fault is as long as possible. That directly impacts your ability to recover damages. You can expect your lawyer to work to find evidence to support these claims.
Evidence of What They Did to Cause the Bicycle Wreck
Your Nashville injury attorney will also work to best understand what the other party did to cause the accident. This may be done using witness statements, evidence from the scene, and medical testimony. In some situations, it may mean working with accident reconstruction professionals to demonstrate how the losses occurred or pulling medical records from the driver to determine that they were intoxicated, if that applies in your case.
Arm Yourself with Legal Representation from The Williams Firm
The most important strategy to prove fault in a Nashville bicycle accident case is to hire an attorney to do the work for you. Your lawyer has resources and connections, knowledge and experience, as well as a high level of understanding of your losses. Allow them to seek out a Nashville accident claim that helps demonstrate what your losses are, as well as who is responsible for them.