Many bicyclists in Tennessee have to share the road with motor vehicles. Considering the difference in size, weight, and speed of these vehicles, one can see why bicyclists are at a high risk of injury while operating their bikes.
A Nashville bicycle accident lawyer could assist accident victims with obtaining medical treatment and financial compensation for pain and suffering. Furthermore, a hardworking injury attorney could help injured bikers hold the negligent motorist accountable for the harm they caused.
Bike Wreck Causes
Distraction is the most common cause for motorists to strike cyclists. The rise in technology use has unfortunately contributed to driver inattention, as cell phones, tablets, and streaming services can all make motorists negligent on the roads.
However, there are several additional reasons why bicycle crashes happen. Motor vehicle operators notoriously do not give adequate space to cyclists, regardless of traffic signs. Other common causes of these accidents include:
- Failing to check blind spots
- Cell phone use
- Driving under the influence of drugs or alcohol
- Road rage
- Defective roadways (potholes, missing road signs, pavement cracks, damaged guardrails)
Bicyclists who suffer an injury due to another’s negligence should seek counsel from a well-practiced attorney in Nashville to understand how the law could work for them.
How Could a Biker Be Partly Responsible for Their Injuries?
The average juror is receptive to the fact that a bicycle lacks the safety measures provided by motor vehicles, such as airbags, seatbelts, and a protective shell. This can translate to higher awards for financial compensation than in cases involving motor vehicles alone.
Insurance companies and defense attorneys are also aware of these facts and often try to prevent these cases from reaching trial, either by motion practice, unnecessary adjournments, or low settlement offers. Defense counsel often challenge these claims during litigation by shifting the blame onto the injured biker. The defense may argue a claimant contributed to their injuries based on:
- Lack of protective gear
- Improper helmet usage
- Missing safety features on the bike, such as headlights, reflectors, horns, and working brakes
- The time of day and weather at the time the bicycle was ridden
Planning for personal injury litigation involves careful decision making and knowing where a case is weak. An experienced bicycle crash attorney from the area could prepare for these challenges and build a claim against them.
Contact a Nashville Bicycle Accident Attorney Today
In Nashville, an injured cyclist only has one year from the date of the accident to file a claim, as set forth under Tennessee Code § 28-3-104. Failing to file within this timeframe will result in a claim being dismissed with prejudice, meaning it cannot be brought before the courts again.
If you or a loved one were harmed in a bike crash caused by another’s negligence, you deserve compassionate representation that could tell your story and help you seek the compensation you require. Contact a Nashville bicycle accident lawyer to protect your interests and earn the compensation you deserve for your claim.