Meigs County Bicycle Accident Lawyer

Contrary to some people’s beliefs, bicycle riders have the same rights and protections on the road as all other people. Tennessee law states that motorists have a responsibility to protect not just other car drivers, but anyone else they may encounter while driving.

Sadly, many drivers do not afford these protections to bike riders and place those riders in serious danger. Collisions between bike riders and cars can result in serious, life-changing injuries for the bikers.

A Meigs County bicycle accident lawyer can represent people who have been injured while riding their bikes and help them pursue the compensation that they deserve. Speak to a distinguished personal injury attorney that can help you file your personal injury claim.

Tennessee Law Concerning Bike Riders

Most collisions between motor vehicles and cars as the result of accidents. While there are certainly instances where a driver intentionally hits a bike rider, the fact of the matter is that most collisions are the result of carelessness. When a person is injured because of the carelessness of another, the injured person may pursue a claim of negligence.

Negligence is not defined in any Tennessee statute but is instead a common law tort. This means that the definition of negligence is provided by Tennessee’s court decisions passed down over the years.

Because today’s courts are required to follow the decisions of past courts, it is possible to infer aspects of the law from these court opinions. This collection of opinions is known as the common law. Potential plaintiffs in a bicycle accident case must also be aware of the time limit, also known as the statute of limitations, on their cases. The statute of limitations is about a year and if this time limit passes, the case will be thrown out of court, which is why it is imperative that individuals get in touch with a skilled Meigs County bicycle accident attorney as soon as possible.

Establishing Proof of Negligence

The common law definition of negligence contains five elements. All five of these elements must be present in the facts of a case for a plaintiff to win and can be thoroughly explained by a Meigs County bicycle accident lawyer. These elements are:

  • Duty: In some situations, the law states that people have a responsibility to care for the well-being of others. This is known as the duty of care. In all accident cases involving a motor vehicle, all drivers have a duty to care for all other drivers, passengers, and yes, bicyclists. For this reason, a driver will always have a duty to care for a bike rider and this element is never in dispute
  • Breach: If the person with the duty to care for another takes an action that causes the protected person to be hurt, the duty is said to be in breach. This can be by ignoring a rule of the road, such as by speeding or failing to yield, or by simply driving in a careless manner. The element of breach is the most often contested element in a bicycle accident case
  • Cause – The plaintiff’s injuries must have been caused by the breach of the duty of care. Any preexisting conditions cannot be claimed as an injury, but if a condition is made worse by the accident, it can absolutely be added on
  • Scope – The injuries suffered need to be plausible given the circumstances of the case. Since collisions between bikes and motor vehicles can often result in serious injury or even death for the biker, this element is not often in dispute
  • Damages – The injured person must have real physical harm. Other losses, such as missed time at work and anguish can part of a larger set of damages but the claim must have a foundation in a physical injury

How a Meigs Bicycle Accident Attorney Can Help

Being involved in an accident while riding one’s bike is never an easy situation. On top of getting the necessary medical treatment, people may face lost time at work, grueling physical rehabilitation, or even permanent injury. The insurance companies are often no help and sometimes try to minimize a plaintiff’s injuries or even blame them for the accident.

Most bicycle accident cases come to a settlement for an appropriate compensation package, but in the rare occasion where a trial is needed, the litigation team is ready to argue cases in court. A Meigs County bicycle accident lawyer is here to help. By dealing with the insurance companies through careful presentation of the evidence and firm negotiations, your attorney can represent you, every step of the way.