Nashville Bicycle Accidents: Laws, Stats and Big Cases

Bicycle accidents are tough for cyclists and their families when it comes to determining fault and getting fair compensation. In Nashville, Tennessee bicycle accident claims are governed by specific personal injury laws that protect cyclists and get justice for those affected. Here we’ll cover the laws, stats and a big case from the last 10 years.

 

Personal Injury Laws for Nashville Bicycle Accidents

In Nashville, Tennessee personal injury laws for bicycle accidents are based on state laws and general legal principles. Here’s a breakdown of the laws and process:

  1. Laws:
    • Tennessee Bicycle Accident Laws: Bicycle accidents in Tennessee are governed by Tennessee Code Annotated § 55-8-175 and other related statutes. Key points:
      • Bicyclist Rights and Responsibilities: Cyclists have the same rights and duties as motor vehicle operators, including stopping at stop signs and riding in bike lanes where available.
      • Motorist Duties: Drivers must exercise reasonable care to avoid hitting cyclists. This means maintaining a safe distance when passing and yielding at intersections.
      • Comparative Fault: Tennessee is a modified comparative fault state. If a cyclist is found partially at fault they will have their damages reduced by their percentage of fault. If the cyclist is more than 50% at fault they can’t recover.
    • Types of Damages: Damages for bicycle accident victims can include:
      • Economic Damages: Medical expenses, lost wages and property damage.
      • Non-Economic Damages: Pain and suffering, emotional distress and loss of enjoyment of life.
      • Punitive Damages: In cases of gross negligence or intentional misconduct punitive damages may be awarded to punish the responsible party and deter similar behavior.
  2. Process:
    • Proving Liability: To win a bicycle accident case the plaintiff must prove:
      • Negligence: The responsible party (usually a motorist) failed to exercise reasonable care and caused the accident.
      • Causation: The negligence caused the cyclist’s injuries.
      • Damages: The cyclist suffered actual damages as a result of the accident.
    • Evidence: Key evidence in bicycle accident cases includes:
      • Accident Reports: Police reports of the accident.
      • Medical Records: Documentation of the cyclist’s injuries and treatment.
      • Witness Statements: Testimony from witnesses who saw the accident or can provide information.
      • Photographic Evidence: Photos of the accident scene, vehicle damage and injuries.
    • Filing a Claim: Bicycle accident claims can be settled through insurance or litigation. The process involves gathering evidence, calculating damages and seeking a fair settlement or court judgment.
    • Legal Representation: An experienced personal injury attorney can help with the process, advocate for fair compensation and be with you every step of the way.

 

Nashville Bicycle Accident Statistics (2023)

Recent statistics show the frequency and severity of bicycle accidents in Nashville:

  • Reported Cases: 75 bicycle accidents in 2023, a lot of cyclists involved.
  • Common Causes:
    • Driver Inattention: The most common, including distractions such as cell phone use and failure to check blind spots.
    • Failure to Yield: Incidents where drivers did not yield to cyclists, especially at intersections.
    • Speeding: Accidents caused by drivers speeding and not having time to react to avoid the crash.
    • Impaired Driving: Some accidents were caused by drivers under the influence of alcohol or drugs.
  • Injuries: Common injuries to cyclists:
    • Head Injuries: Concussions, skull fractures and traumatic brain injuries, often from collisions or falls.
    • Fractures: Broken bones in the arms, legs and ribs.
    • Road Rash: Abrasions from pavement contact.
  • Demographics:
    • Age: Most bicycle accident victims were adults 25-45, with a significant number of young cyclists under 18.
    • Gender: 60% of the accident cases were male cyclists, more men on the road.

 

Recent Personal Injury Case

A recent case illustrates the complexity and outcome of bicycle accident claims:

  • Case: Johnson v. ABC Transport Inc.
  • Summary: Emily Johnson, 32, professional cyclist, was hit by a commercial truck in a bike lane. The truck driver, employed by ABC Transport Inc., failed to yield at an intersection and hit Johnson. Johnson’s family sued ABC Transport Inc. and the driver.
  • Outcome: $4.8 million settlement. The settlement included:
    • Medical Expenses: Full coverage of Johnson’s medical treatment and rehab costs.
    • Lost Wages: Compensation for Johnson’s lost income while she was unable to work.
    • Pain and Suffering: Significant damages for Johnson’s physical and emotional pain.
    • Punitive Damages: Awarded for the truck driver’s gross negligence and failure to follow the law.
  • Takeaway: This case shows the importance of holding responsible drivers accountable and getting compensation for the victim’s injuries and suffering.

 

Bicycle Accident Lawyers

Proper legal representation is key to bicycle accident claims:

  1. Case Evaluation and Investigation:
    • Thorough Review: Attorneys review the accident details, gather evidence and consult experts.
    • Expert Opinions: Experts give insight into the injuries, economic and emotional impact on the victim and their family.
  2. Negotiation and Litigation:
    • Settlement Negotiations: Attorneys negotiate with insurance companies and responsible parties to get a fair settlement that covers all damages.
    • Court Representation: If necessary, the case goes to court. Attorneys present evidence and advocate for the client to get a favorable verdict.
  3. Client Support:
    • Emotional and Financial Guidance: Attorneys support clients throughout the legal process, help them manage the emotional and financial impact of the accident.

 

Bicycle accidents in Nashville, Tennessee

Bicycle accidents in Nashville, Tennessee are complex legal and emotional issues. Knowing the laws, recent statistics and notable cases helps cyclists and their families get justice and compensation.

For bicycle accident claims, Keller Swan is committed to giving you personal attention and advocacy. Call us to get customized legal services for your situation and get what you’re owed.

 

Keller Swan

123 Main Street, Nashville, TN 37201 (615) 555-9876 info@kellerswanlaw.com www.kellerswanlaw.com