Can You Sue After a Horse Carriage or Pedicab Accident in Nashville?
Nashville’s downtown streets are filled with horse-drawn carriages and pedicabs, especially around Broadway and the entertainment district. These rides feel charming and low risk, but accidents do happen. A spooked horse, a distracted pedicab operator, or a careless driver sharing the road can turn a fun evening into a serious injury. If this has happened to you, the good news is that Tennessee law generally allows you to pursue a lawsuit for damages.
To discuss your accident case, do not hesitate to reach out to our Nashville personal injury attorneys at Raybin & Weissman.
Who is Legally Responsible?
Liability in a horse carriage or pedicab accident often depends on the specific circumstances surrounding the crash. The carriage driver or pedicab operator may be responsible if their negligence caused the accident, such as speeding, ignoring traffic signals, or failing to control the horse properly.
The company that owns the carriage or pedicab can also be liable, particularly if it hired an unqualified operator, skipped necessary training, or neglected equipment maintenance. Under respondeat superior, employers are typically responsible for the negligent actions of their employees performed within the scope of employment.
Third parties can also share blame. If another vehicle collided with the carriage or pedicab, that driver’s negligence becomes part of the claim. In rarer cases involving poorly maintained roads or inadequate signage, a government entity might bear some responsibility, though these claims involve stricter procedural rules and shorter deadlines than standard personal injury cases.
How Long Do You Have to File a Personal Injury Claim in Nashville?
TN Code §28-3-104 (a)(1)(A) imposes a one-year statute of limitations on personal injury claims, which is shorter than many other states allow. Missing this deadline generally means losing your right to sue entirely, so acting quickly matters. This limitation period is implemented to preserve evidence. After a significant time has passed, witnesses’ memories may fade, and physical evidence may deteriorate. Albeit, this limitation period is “tolled” under TN Code §28-1-106 if a claim is being pursued on behalf of a child, causing the statute of limitations to be paused until the minor turns 18.
What Happens if More Than One Party is to Blame?
Tennessee follows a comparative fault system. If you’re found to be less than 50% at fault for the accident, you can still recover damages, though your compensation will be reduced based on your allocated percentage of responsibility. If you’re found 50% or more at fault, you cannot recover anything. In cases where there are multiple defendants that share fault, each party will generally be responsible for damages based on their percentage of liability.
How Can a Nashville Personal Injury Lawyer Help Me?
To succeed in a horse carriage or pedicab accident claim, you will generally need to demonstrate four things (elements of negligence):
- That the operator or company owed you a duty of care;
- That this duty was breached;
- That the breach directly caused your injury; and
- That you suffered measurable damages, such as medical expenses, lost income, or pain and suffering.
Many carriage and pedicab companies require riders to sign liability waivers before boarding. While these waivers can complicate a claim, they don’t automatically prevent you from suing, especially if the operator’s conduct was reckless or grossly negligent. If you want to discuss the validity of your claim, our legal team is more than happy to assist you.
Injured? Contact Our Nashville Personal Injury Lawyers
Given the restrictive statute of limitations and liability concerns that these cases often involve, consulting a Nashville personal injury attorney sooner rather than later is a smart move. At Raybin & Weissman, our legal team will evaluate your case to determine what evidence can help to support your claim. Our office offers free consultations, making it easy to understand your options without any upfront financial risk. To schedule a meeting with a member of our legal team, we can be reached online or by calling (615) 256-6666 today.