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  • Writer's pictureRobert Schuerger II

How to File a Lawsuit for Bicycle Accident in TN - Schuerger Shunnarah

Crashing with another car while driving is already dangerous and can cost people a lot of money. However, the situation can turn deadly if a big vehicle crashes with someone riding a bike.

Bike riders often don't have any other form of protection apart from their helmets. Big crashes can kill bike riders or cause severe injuries for life. Regardless of how cautious riders are, it's difficult to stay safe from unforeseeable situations.

No one should suffer due to the negligence of another person, which is the reason riders can hire Nashville bicycle accident attorneys to seek compensation for a bicycle accident. This process is complex, though. It's important to have someone to help the victim go through it.

Here, people will learn everything they need to know to file a lawsuit for a bike crash in Tennessee. Anyone looking for a Nashville bicycle accident lawyer should contact Schuerger Shunnarah Trial Attorneys today! They can assist with how to file a lawsuit for motorcycle accident in TN as well.

What Are the Main Causes of Bicycle Accidents?

What Are the Main Causes of Bicycle Accidents?

Many things can cause bike accidents, but they mostly happen due to the negligence of car drivers. Distracted driving, for example, is one of the most common reasons behind this problem.

Although drivers are legally required to keep a safe distance between their vehicles and bikes, not paying attention makes them ignore that and crash with other people. The same happens when they are driving while intoxicated since they don't have full control of their senses.

Even if they are not distracted or intoxicated, speeding and reckless driving can also cause a bike accident. These cases are actually more dangerous than others, as the crash can cause serious injuries if the driver is going too fast.

Bike accidents don't always happen because of the negligence of drivers. They could also happen due to bad roadsbicycle defects, or extreme weather.

Here is a list of other situations that could cause a bicycle accident:

  • Failure to yield

  • Hidden driveways

  • Blind spots

  • Dooring

Most Common Injuries Among Bicycle Accident Victims

The money victims receive from the insurance company after filing a personal injury lawsuit often depends on how severe the injuries they got were. Naturally, cases with mild injuries will not be as expensive as others that cause permanent damage to the victim's health, for example.

Concussions and head injuries are the most common injuries riders get after bike accidents. That's the reason the law is so severe about wearing helmets.

Spinal cord injuries are also common among personal injury accidents in general. This could lead to nerve damage, fractures, and even partial or full disability. These injuries often cause loss of movement, sensation, and bowel control.

Although they are not as common as the ones mentioned before, facial injuries such as broken noses or dislocated jaws can also happen after a bicycle accident. Broken bones are also on the table.

About Bicycle Laws

Tennessee bicycle accident laws are made to protect its citizens and make sure people stay united as a society. Therefore, it's no surprise to know that there are several chapters in the Tennessee Code Annotated (TCA) that focus on riders.

The TCA 55-52-105 - Child Bicycle Safety Rules and Regulations states that any person under the age of 16 riding a bike or being a passenger on one needs to wear a protective bicycle helmet of good fit.

This same code also says, on the TCA 55-8-172 - Traffic Laws Apply to Persons Riding Bicycles, that riders have the same rights and duties as drivers. It is, of course, to keep them safe from others and themselves.

Naturally, the same code has regulations on the rules of the road when it comes to failing to yield the right of way and clinging bikes to vehicles. All riders should follow these regulations to keep bicycle accidents from happening and make sure they are not liable for them if they were to happen.

Who Is Liable in a Bicycle Accident in TN?

Several parties can be liable for a bike accident. Most times, either drivers or riders are responsible for them. However, manufacturing companies, bicycle manufacturers, the state government, and even vehicle workshops can be accountable for them too.

How to File a Lawsuit for a Bicycle Accident in Tennessee

Filing a lawsuit against the negligent party that caused a motor vehicle crash shouldn't be that difficult if the victim hires an experienced bicycle accident attorney. They also have insight on how to file a lawsuit for pedestrian accident in TN. The first step after a traffic accident is to go to a doctor and ask for proper medical treatment.

If the victim wants to file a personal injury claim, they need to gather enough evidence to file a formal complaint to the court against the negligent party for the crash. Once that happens, the process server of the court will let the defendant know of the claim.

When that happens, the other party will have a specific time to respond to the claim. In their response, they must state if they agree or disagree with what the plaintiff is asking for. After that, both parties go to the discovery phase.

This phase consists of exchanging information and evidence with the other party. Here, both parties will submit and take note of all the depositions needed for a further trial. Why is this important? Because they should try to get to a settlement through mediation after it.

Victims should never negotiate with the other party in a bicycle accident case without a Nashville bicycle accident lawyer. If both parties fail to get to a deal, the case will go to trial.

Tennessee Statute of Limitations for Personal Injury

Injured cyclists have limited time to file a claim after a bike or car accident. More specifically, the statute of limitations for doing this in Tennessee is one year after the day of the crash.

How Much Compensation Can Victims Get for a Bicycle Accident?

How Much Compensation Can Victims Get for a Bicycle Accident?

Bicycle riders can get as much compensation as the judge grants them after the trial. It's difficult to tell how expensive medical treatments are, so everything depends on that. However, the cap for how much money drivers and riders can get for non-economic damages after their bicycles or motor vehicles crash is $750,000.

Final Thoughts - Hire Nashville Bike Accident Lawyers Today!

The legal process to sue negligent drivers for a crash can be stressful, but it's worth it after victims recover compensation for what happened. Therefore, it's important to hire a decent law firm that can do what's needed to win the case.

Schuerger Shunnarah Trial Attorneys is ready to go to war for its clients. This company works with former insurance company lawyers, so it knows all the tricks their former employers will use. Anyone in Nashville, TN, can call it today to schedule a free consultation.


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