Who is at Fault for Accidents That Happen in a Bicycle Lane?
When a cyclist is struck in the bicycle lane, the motor vehicle driver may be at fault for any resulting injuries. Given the obvious lack of protection, cyclist injuries are often debilitating and may even cause permanent impairment. However, a bicyclist cannot be compensated until the other party’s negligence is proven. In this article, our Tennessee bicycle accident lawyers discuss the Volunteer State’s bike lane laws and what factors are at play when collecting compensation. Tennessee law covers traffic rules as they relate to motor vehicle operators, pedestrians, and bicyclists. Regarding cyclists, the most important rule is to yield the right of way.
Is a Motor Vehicle Ever Permitted in the Bike Lane in Tennessee?
Tennessee law defines a bike lane as any portion of the roadway that is intended exclusively for cyclists. Any driver who operates their motor vehicle in the bicycle lane has committed an offense, resulting in fines ranging from $20 to $50 in fines. However, the law does allow a driver to travel in the bike lane in certain circumstances, including (1) if the vehicle is used for public transportation and dropping off or picking up passengers, (2) if the vehicle is turning into an intersection or adjoining highway, or (3) if the driver is yielding right-of-way to an emergency or police vehicle.
However, state law protects cyclists by ensuring that they are given enough space when sharing the road with motor vehicles. In accordance with Tenn. Code. Ann. §55-8-175 (c)(2), a motor vehicle driver who is passing a cyclist must leave at least three feet of distance between their vehicle and the bicycle. This distance must be maintained until the driver has completely passed the cyclist. If you were hit by a driver who did not give you the appropriate space when passing or who violated any of the above-mentioned laws, it is crucial that you speak with our legal team.
Determining Liability
Fault can only be determined after examining the state’s bicycle laws to discern who deviated from the rules of the road. A bicycle accident, like most personal injury cases, is based on establishing the elements of negligence. These include (1) establishing the duty that the defendant (driver) owed you, (2) identifying the traffic regulation or law that the defendant violated, (3) proving the link between the defendant’s actions and your injuries, and (4) quantifying your losses from the accident (i.e., lost wages, medical expenses, and infliction of emotional distress, etc.).
All the elements must be proven with a certain level of certainty. In personal injury cases, the plaintiff (you) must prove that the facts presented are more likely than not true (known as the preponderance of the evidence standard). If you cannot prove your claim, then you risk receiving no compensation for your injuries. When you hire the legal team at Raybin & Weissman, you know that we are up to the challenge. Even if there is evidence that is pointing in the defendant’s favor, we will piece together missing information to discern what actually unfolded. Although you may think that you will save money by representing yourself, hiring legal counsel will provide you with the greatest chance of a successful recovery.
Reach Out to Our Tennessee Bicycle Accident Lawyers Today
Being hit while riding a bicycle is nothing short of terrifying. After the adrenaline rush subsides, you may realize that you have extensive injuries. These injuries may prevent you from working, instead confining you to a hospital bed. At Raybin & Weissman, our legal team takes a personal interest in each case, big or small. If you have recently fallen victim to a bicycle accident, our team of professionals is ready to go to work for you. To discuss your case with one of our Tennessee bicycle accident attorneys, we can be reached online or by phone at (615) 256-6666.