With an increase in the population of Tennessee, there has been a rise in the number of pedestrians, vehicles, and cyclists on the state’s roadways. The traffic on the shoulders of roads, sidewalks, paved roads, and crosswalks keeps rising each year.
As per the National Highway Traffic Safety Administration (NHTSA), 259 cyclists were injured in Tennessee in 2012, and there were eight fatalities involving bicyclists. A majority of injuries and fatalities involving cyclists take place in heavily populated areas.
Motorists are frequently in a rush to get somewhere and fail to keep an eye out for cyclists. An experienced Franklin bicycle accident lawyer could help protect your rights in the event of an injury you sustained following an accident while you are on your bike. Call today to schedule a consultation with a dedicated personal injury attorney.
Rules of the Road for Cyclists in Franklin
Bicycles and motor vehicles are equal in terms of their legal status under Tennessee law. This means that the same rights and responsibilities apply to cyclists as they do to drivers, as per the rules governing motor vehicles.
Tennessee law states that cyclists can occupy the whole right-hand lane if the width of the road is less than 14 feet. A majority of the state’s roads meet this criterion, so most bicyclists in Franklin travel in the middle of the road. When a vehicle is attempting to overtake a cyclist, the latter must shift to the right after ensuring it is safe.
In Tennessee, the law permits bicycles on sidewalks except where it is specifically prohibited. State law mandates helmets for a bike rider under the age of 16, but this is not legally binding for older cyclists.
While trying to establish fault in a bicycle mishap, information about the absence of a helmet cannot be admitted in court as per state law. A Franklin bicycle accident lawyer will be well-versed with the state law in order to represent injured individuals competently.
Another important thing to note is that bicyclists are exempted from the state law related to driving under the influence (DUI). These laws are applicable only to drivers of motorized vehicles or automobiles. For more information about the rules of the road, contact a knowledgeable lawyer.
Determining Fault
Establishing fault is essential for awarding any damages in lawsuits pertaining to vehicles, including bicycle accidents. Tennessee law requires the plaintiff in such cases to show that the defendant was negligent and prove this resulted in an injury to the plaintiff. Also, the defendant must be 51 percent or more responsible for the plaintiff’s injuries.
According to a ruling by the Tennessee Supreme Court, it is essential to consider comparative fault while computing the sum of damages in personal injury suits. It is possible for the defendant to claim that the damages or injury were a result of the plaintiff’s actions.
However, if the plaintiff’s fault is less than that of the defendant’s, it is possible for the plaintiff to still be granted damages. The jury must decide how much fault each party bears, as well as the amount to be awarded in the event of a court case. A seasoned bicycle accident lawyer in Franklin could help determine fault following an accident.
Speak with a Franklin Bicycle Accident Attorney
If you sustained injuries in a bicycle accident involving another vehicle, talk to a reputable and dedicated Franklin bicycle accident lawyer for professional advice. Considering the legal challenge of proving at least 51 percent fault on the defendant’s part, it may be important for you to select a lawyer who has a proven track record of success in personal injury cases and is thoroughly updated about the laws related to bicycle injuries in the state of Tennessee.
The insurance company has a legal team. You should too.
