Many people use bicycles not only as a means of enjoyment and exercise but as an alternative form of transportation. With such active lifestyles in Clarksville, bicycle accidents do occur in the area.
After experiencing a bike collision, a person should seek medical attention. Following a consultation with a medical professional, contact a Clarksville bicycle accident lawyer. A compassionate personal injury attorney who understands how frustrating and painful bicycle accidents could be an advocate on an injured person’s behalf in court.
Process for Filing a Bicycle Accident ClaimThe process of filing a claim against a liable or negligent party typically begins by demonstrating how that party was responsible for the incident. For example, negligence may be established by showing that the driver of another vehicle:
In addition, the bicyclist must show that the driver had a duty of care to conduct themselves as prescribed by law while operating their vehicle. To successfully claim the theory of negligence, a plaintiff must typically prove each element as follows:
A dedicated Clarksville bicycle accident attorney could walk a person through the process of establishing negligence by examining the facts involved in the case.
Time Limitations That May ApplyIn Tennessee, a person generally has one year from the date of the bicycle accident to file a claim. There are many processes that take place once a claim has been filed. Filing early and obtaining a quality lawyer could significantly impact a case. There is a possibility that an initial claim could be rejected, or other parties may request additional evidence, which can only complicate matters.
Recovering Damages After the AccidentSeeking damages is a major factor in filing a claim. Injuries can be quite devastating in a bicycle collision. In Tennessee, courts allow a plaintiff to seek economic and non-economic damages stemming from their accident. This could include:
Working with a knowledgeable Clarksville bicycle accident lawyer could help someone evaluate their short and long-term financial needs.
Bicycle Laws Enforced in TennesseeTennessee laws give bicyclists the same status and rights as those driving cars and trucks. Therefore, bicyclists are also expected to maintain the same duties as a driver of a vehicle. Tennessee Code §55-8 details the regulations on how bicyclists are expected to operate on highways, streets, and sidewalks. Some laws for bicyclists are:
In addition, bicycles must be equipped with a front light that emits white light, which has a visible distance of at least 500 feet to the front along with a red reflector or lamp emitting a red light of at least 500 feet from the rear. The bicycle should also be equipped with working brakes, allowing the driver to stop within 25 feet from a speed of 10 miles per hour, on dry, level, and clean pavement. Failure to outfit a bicycle with the required equipment can result in a Class C misdemeanor charge.
Bicycle Laws Concerning ChildrenBy law, all bicycle riders under the age of 16 must wear a helmet on any highway, street, or sidewalk. In addition, children weighing under 40 pounds or below 40 inches in height need to be seated and secured in a child seat or bicycle trailer. Parents could be penalized if they authorize or permit their children to violate these laws.
Speak with a Clarksville Bicycle Accident LawyerFiling a negligence claim for a bicycle accident could be both stressful and emotionally draining. You do not have to handle it alone. A Clarksville bicycle accident lawyer who understands the laws surrounding negligence and accident claims could examine your case and potentially negotiate on your behalf with insurance companies and other parties, or even represent you in court proceedings. Call to schedule an appointment to discuss your case today.
The insurance company has a legal team. You should too.
