East Brainerd Bicycle Accident Lawyer

Bicycles offer many benefits. they provide physical exercise, reduce the toxic emissions, and even improve mental and emotional health. What they cannot do is provide 100 percent protection to their riders in the event of an accident. Sadly, hundreds of bike riders are injured or killed each day on roads throughout the United States, including East Brainerd.

Many times, these accidents and injuries occur through no fault of the rider and require the skilled services of an East Brainerd bicycle accident lawyer to pursue compensation for the injuries sustained. If you or a loved one has been harmed while biking, you need to reach out to an experienced attorney who could help.

Deadline for Filing a Bicycle Case

A statute of limitations, or filing deadline, applies to all injury cases, including bicycle accident cases in Tennessee. This deadline is one year after the date of the injury and is found in Tennessee Code § 28-3-104. Adherence to this deadline is extremely important as if it passes and the case is not filed, the plaintiff could lose all of his or her legal rights to seek compensation.

To avoid missing this strict one-year deadline, those injured in a bicycle accident should schedule a consult with a seasoned bicycle accident lawyer in East Brainerd as soon as possible. Doing so could not only help filing within the statute of limitations but may also help the attorney gather and preserve vital evidence in the case.

Liability in East Brainerd Bicyclist Accidents

It is not uncommon for the defendant to try to convince the jury that the plaintiff carries at least some liability for his or her own injuries. Defense attorneys may purport that a reasonably prudent bicyclists would wear multiple pieces of safety gear and follow the rules of the road for bicycle riders and that the victim did not conduct him or herself as a reasonably prudent person would. This would thusly create liability the victim’s accident.

Plaintiffs should discuss the possibility of their own comparative fault with an East Brainerd bicycle accident attorney. In order for this legal concept to be applied in a case, it must be brought up by the defense.

Comparative Fault

Even if the defense is able to convince the jury of this, all hope is not lost. Tennessee case law from McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) allows plaintiffs to recover damages still, as long as they were not more than 50 percent liable for the accident. The jury would assign a portion of fault to the defendant a portion to the plaintiff. The degree of the plaintiff’s fault would be used to reduce his or her compensation.

For example, if the jury determines that the plaintiff is 25 percent liable for the accident and they have $100,000 in damages, the plaintiff’s award would be reduced by $25,000 and would instead receive $75,000.

Additionally, while there are caps to some of the damages victims might recover, there are also exceptions to those rules that an East Brainerd attorney could help a victim apply for.

How an East Brainerd Bicycle Accident Attorney Could Help

If you sustained injuries in a bicycle accident, your physical recovery is likely your number one priority. You need to focus on healing in every way possible.

While you are doing so, an East Brainerd bicycle accident lawyer could help by focusing on getting you the compensation you deserve for your injuries. They could help obtain money to pay your medical bills, make up for your lost wages, and compensate you for your pain and suffering. You could learn more about how an attorney could help after a bike accident by scheduling your consultation today.