Tennessee is the 19th safest state for bicycle riders, and unfortunately, the state has a bicyclist fatality rate that is above the national average, according to the League of Bicycle Friendly America.
If you or someone you love is involved in a bicycle wreck, it’s imperative that you understand what your legal options are. Since bikes don’t offer protection from the force of impact, these accidents are often life changing. When serious or fatal injuries occur, you need an advocate who is up to the task of fighting for you.
The Lawyers of Brown and Roberto can help. With more than 20 years of experience, we have the knowledge and skills necessary to fight for you. To find out how a Knoxville bicycle accident attorney can advocate for you after an accident, give us a call at (865) 691-2777 today.
Who is Responsible for Knoxville Bike Accidents?
The National Highway Traffic Safety Administration has warned that failure to yield the right of way is the leading cause of fatal bicycle wrecks. Bicyclists not being visible is also a major contributing cause of fatal bicycle crashes.
Whether an accident causes fatalities or just causes injuries, it’s important to understand the legal rules that govern responsibility for crash losses. Tennessee is a fault state, which means bike crash victims can pursue a claim for compensation from drivers on-the-road if those drivers were fully or partly responsible for the accident.
A bicyclist can still make a case even if they were partly to blame for the crash because, as a case called McIntyre v. Balentine explains,”so long as a plaintiff’s negligence remains less than the defendant’s negligence the plaintiff may recover; in such a case, plaintiff’s damages are to be reduced in proportion to the percentage of the total negligence attributable to the plaintiff.”
While it’s sometimes difficult to determine exactly whose actions were the direct cause of the crash, a Knoxville bicycle accident lawyer can help you to gather evidence and find expert witnesses who will work to prove the other driver should be held at least partly responsible for your losses.
Damages From A Bicycle Accident
Research from the National Library of Medicine found that injuries to the upper extremities are especially common in bicycle wrecks, but whatever your injuries, it’s very important to accurately document them to ensure that you can prove the extent of the harm that you’ve endured.
That’s because after a Knoxville bike accident, you should be compensated for all losses. This includes economic loss such as medical bills and lost wages or earning power. It also includes non-economic losses such as compensation for pain and suffering and emotional distress.
Tennessee Code Section 29-39-102 caps non-economic damages in injury claims at $750,000 or $1 million for catastrophic injury including spinal cord damage that results in paraplegia or quadriplegia, amputation of two hands, two feet, or one of each, or a substantial percentage of the body suffering burns.
The Knoxville personal injury attorneys from our firm will help you fight for the maximum damages allowed by law and appropriate for your claim. We’ll work to get you the funds you deserve through a settlement or courtroom trial.
Let Our Knoxville Bicycle Accident Attorneys Help You Today
A bicycle accident can change your life in profound ways, especially if you suffer permanent injury or your loved one passes away because a careless driver crashes into you while you were cycling. A lot of money is often at stake, and you deserve an attorney with solid legal skills, strong communication skills, and a reputation for earning their client’s trust.
The Knoxville bicycle accident attorneys at The Lawyers of Brown and Roberto do not charge legal fees if we don’t win your case and we offer free consultations so you can learn all about the legal services we’ll offer in the aftermath of your accident. Give us a call at (865) 691-2777 or contact us online today to learn more.