Cleveland, TN Bicycle Accident Lawyer

More and more people are turning to bicycling as their primary method of transportation. Not only is it healthier and better for the environment, it is also extremely cost-efficient. When your decision to travel using a bicycle involves an accident, it can be incredibly frustrating that such a positive choice has now become negative. However, consulting with a Cleveland, TN bicycle accident lawyer can help recover the damages and get back on your bike.

If you were involved in a bicycle accident, you most likely are already dealing with physical and possibly emotional injuries. The last thing you want to worry about now is your financial health, so let a skilled bicycle accident attorney help you with that concern.

Cleveland Bicycle Laws

Bicyclists have to follow the rules of the road like any other computer or pedestrian. This includes obeying all traffic signals and riding on the right-hand side of the road in the same direction as traffic. Bicycles must also have a white light in front of their bike that is visible from 500 feet and a red light or reflector in the back of their bike also visible from 500 feet.

Proving Negligence

The standard that a Cleveland, TN bicycle accident lawyer must show is that the other party was negligent. To show negligence, the following elements must be proved:

  • The other party owed you a duty of care – generally, this duty is to act as a reasonable person would in similar circumstances
  • The other party breached this duty of care – generally, by not acting as a reasonable person would
  • This breach actually and proximately caused your injuries – one must show that the accident was the direct cause of the injuries, that the injuries were foreseeable, and that there were no intervening acts that caused the injuries.
  • An injury was suffered – one must show that the plaintiff suffered from the negligence of the other party.

Each of these elements must be met to win a case, and a Cleveland, TN bicycle accident lawyer will be able to determine if a case has these elements. Individuals should not start a lawsuit without knowing what the legal standard is and if it has been met.

Multiple Negligent Parties

Sometimes in an accident, no one is 100 percent at fault or completely faultless. Often, each side has committed some error that led to the accident. However, this does not bar an injured individual from bringing a lawsuit against someone who was involved in a bicycle accident. Cleveland, TN uses a modified comparative negligence system. This means that if an individual is determined to be 50 percent or more responsible for the accident that occurred, they will not be awarded any damages.

However, if that individual is 49 percent or less responsible for the accident, they can still recover damages from the other party but will be subtracting the percentage that they are at fault for the total cost of injuries. If there were multiple parties involved in an accident, an injured individual can add up all of the defendants that caused the injury to show that combined they are at least 51 percent responsible for the accident.

How an Attorney Can Help

It is crucial to speak with a Cleveland, TN bicycle accident lawyer who understands things like liability, and responsibility. An attorney should be able to argue in front of a jury that an injured individual was not 50 percent responsible for the accident. If a plaintiff fails to meet this standard, their entire case can be lost. Contact an expert who can help argue this point for you. If you have been injured as the result of an accident, speak with a qualified personal injury lawyer who can advocate for you.