There are several things that must be kept in mind when determining fault in a bicycle accident in Tennessee. According to law, bicycles are vehicles. As such, they are lawfully allowed to use the roads in Tennessee.
Determining Fault
In any lawsuit involving vehicles, determining fault is a requirement before any damages can be awarded. Under Tennessee law, a plaintiff will need to prove that there was negligence on the part of the defendant and that this negligence caused injury to the plaintiff. The defendant must also be at least 51% or more responsible for the injuries to the plaintiff.
The Tennessee Supreme Court established that comparative fault must be used when deciding the amount of damages in a personal injury case. While a defendant can claim that a plaintiff’s actions contributed to the injury or damages, as long as the plaintiff’s level of fault remains less than the defendant’s level, the plaintiff can be awarded damages. In a court case, it is the responsibility of the jury to determine who is at fault as well as the amount of fault.
Cyclists Must Follow the Rules of The Road
Since bicycles are considered to be vehicles, bicyclists must obey the rules of the road. Cyclists need to signal when turning using their arms. Bicyclists can take the entire right hand lane when the road is less than 14 feet wide. Since the majority of the roads in Tennessee are less than 14 feet wide, most of the time a bicyclist will be riding in the middle of the road instead of hugging the side of the road. When being overtaken by a vehicle, a cyclist is required to move to the right when it is safe to do so. Tennessee law states that bicycles can be ridden on the sidewalks unless otherwise restricted. Nashville is one area which does forbid bikes on sidewalks in the business districts. Memphis and Knoxville have specific rules which govern bicycle use on sidewalks but Chattanooga does not have any specific rules about prohibiting cyclists from using the sidewalk. Areas that prohibit bike riding on sidewalks should have signs which clearly state this fact.
Using Helmets When Riding Bicycles in Tennessee
Cyclists under 16 do need to wear helmets when riding a bike in Tennessee; individuals over 16 are not legally required to use a helmet. However, cyclists should always check local ordinances in order to determine if they are different than Tennessee law. According to Tennessee law, the lack of a helmet is not information that is admissible in court to determine fault in a bicycle accident.
Biking After Drinking
Under the Tennessee statute which governs driving under the influence, bicycles are specifically excluded. DUI laws only pertain to individuals that are driving an automobile or motorized vehicle. This means that cyclists who bike under the influence can avoid costly fines and other penalties. However, there are consequences for cyclists who choose to drink and cycle. These include criminal charges for public intoxication as well as reckless endangerment.
Not following the rules of the road can affect a cyclist’s personal safety as well as the determination of fault in court proceedings For this reason, it is advisable for cyclists to learn the rules of the road which pertain to bikes in the state of Tennessee as well as those that apply in their local community.
