How to Prove Fault in a Tennessee Bicycle Accident

After you are involved in a Tennessee bicycle accident, fault may seem obvious to you. Maybe a driver turned left in front of you when you had right-of-way, or perhaps they merged into your lane without even noticing that you were there. But when the driver’s insurance company gets involved, the determination of fault may become more complicated. Drivers often claim that a bicyclist came out of nowhere, was not obeying the rules of the road, or should have taken stronger action to avoid the crash.

That is why having an aggressive, experienced bicycle accident attorney is crucial after a collision. At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we aim to hold negligent drivers accountable for the harm they cause. Call us to schedule a consultation now.

Why is fault so important in a Tennessee bicycle accident claim?

The determination of fault is incredibly important in these cases because it determines whether or not an injured bicyclist can recover compensation. Bicyclists are at far greater risk of a severe injury than car occupants in a crash, and they could be left covering their medical expenses, lost wages, and other accident-related expenses on their own if the driver’s insurance company puts the blame on them.

Tennessee is a modified comparative negligence state. If an injured person is 50% or more at fault for a collision, they typically cannot recover any compensation. If they are less than 50% to blame, they can still recover compensation. However, what they receive is reduced in line with their share of liability. It is crucial to be proactive about building a strong case that proves the other party’s liability.

Common examples of driver fault

There are numerous ways that drivers can be found at fault for bicycle collisions. Unfortunately, drivers get used to looking for cars and other large vehicles. They may completely forget to check for bicyclists, motorcyclists, and pedestrians—so they may not even realize a bicyclist is in their vicinity until they have already hit them. Drivers are often at fault for:

• Failing to yield at an intersection
• Turning left or right across a bicyclist’s path
• Passing too closely
• Opening a door into a bicyclist’s lane (also known as dooring)
• Speeding
• Texting or otherwise driving while distracted

When a motorist is passing a bicyclist in Tennessee, they must leave at least three feet of clearance. They must leave an appropriate amount of distance until they are safely past the bicycle. If a driver does not leave this amount of space and cuts off a cyclist while passing, that may support your claim against them.

What types of evidence can you use to prove bicycle accident fault in Tennessee?

Personal injury claims survive or fail based on the quality and amount of evidence a victim has. First, a police report can support your claim in several ways. It helps document that the accident actually happened, includes the officer’s observations, and provides information on any citations that were given out at the scene. While citations do not prove fault, they may be part of a bigger picture you create with your evidence.

Photos and videos from the scene can also be useful, but they are time-sensitive. You have to take photos before leaving the scene, as any helpful evidence will be cleaned up and gone by the time you return. Try to get pictures of the final positions of the vehicle and bicycle, damage to your bicycle, skid marks, debris left by the collision, lane markings, and weather conditions. You may also reach out to nearby businesses or homes to see if they have doorbell or surveillance cameras that captured the collision.

Neutral eyewitnesses can provide valuable insight and context for an accident. A witness may be able to confirm who had the right-of-way, if the driver was driving too close to the bicyclist, or if the driver appeared distracted.

In some cases, expert witness analysis may be necessary to determine exactly what happened, who made critical errors, and how your injuries occurred. This is not always necessary in cases where liability is clear-cut, but your bicycle accident lawyer may turn to expert witnesses if the insurance company refuses to accept liability.

How do insurance companies dispute bicycle accident fault?

Even if liability should be obvious to both sides, it is not uncommon to see insurance companies do whatever they can to push blame to the bicyclist. Insurance companies know that any amount of blame they can shift to the cyclist means less money they ultimately have to pay in compensation. And in Tennessee, if they can push the blame to 50%, they avoid paying anything.

They may claim that the cyclist was not visible enough to be safe, that they should have taken more aggressive action to avoid the collision, that they should not have been traveling on a busy road, or that they were not wearing their helmet correctly.

Note that just because an insurance company brings something up as a point does not mean that their point actually has merit. They can bring up irrelevant points because many cyclists will be intimidated and agree to a lower settlement.

Additionally, anything you say to the driver’s insurance company may ultimately be used against you in your claim. That is one reason we recommend talking to a personal injury lawyer early so they can take over communication with the insurance company.

Explore your legal options with Rocky McElhaney Law Firm: Car Accident & Injury Lawyers

At Rocky McElhaney Law Firm: Car Accident & Injury Lawyers, we are here to advocate for you as you recover from a bike accident. Get in touch so that we discuss what happened, how you were injured, and what comes next. Just call us or contact us online.