Rights and Liabilities When a Bicyclist is Hit By a Motor Vehicle in Tennessee

By Thomas Greer | January 25, 2015

Roadways are becoming more and more congested. This steady incline is due to the increase in population, but also due to the more frequent access and viability of motor vehicles and alternative modes of transportation. Due to the economy, some people are opting to purchase motorcycles, bicycles, or use public transportation more than they ever have before. Additionally, more and more people are walking to work when they can to save on gas expenses.

Particularly with bicycles, who may ride alongside the shoulder of the road with other motor vehicles, there has been a significant increase in riders. Naturally, there will be an increase in the number of bicyclists struck and injured or killed by motor vehicles as a result. Similar to accidents involving a motorcyclist, a bicyclist is also not afforded any protective, metal shell to buffer him or her from becoming injured in the accident. This can lead to significant injuries even when there is a low-speed accident or just a seemingly innocuous tap to the bicyclist.

When a bicycle is hit by a vehicle the roadway, there are some interesting rules of law that apply. First and foremost, under Tennessee Code Section 55-8-172, a bicyclist is required to follow all of the same rules and is subject to the same duties as a driver of a motor vehicle. This means that bicyclists must follow all stop signs, yield signs, traffic patterns, and yes—even speed limits. A violation of these signs can lead to ticketing and liability on the part of the bicyclist.

Moreover, there are specific rules that apply solely to bicyclists. For instance, Tennessee Code Section 55-8-175 pertains to bicyclists who are riding on roadways or paths. This law requires that “[a]ny person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway.” Of course, there are three exceptions such as overtaking another vehicle, making a left turn, or to avoid collisions.

Additionally, Section 55-8-175 also prohibits bicyclists from riding more than two abreast on a public roadway, unless it is specifically designed for bicyclists. However, if the two riders are impeding the normal and reasonable movement of traffic on a laned roadway, they must ride in a single line. Furthermore, Section 55-8-177 requires bicyclists to use a lamp on the front of their bicycle and either a red reflector or red light on the back of their bicyclist at night.

When there is a bicycle versus car collision, these laws must but analyzed as well as the laws applicable to motor vehicles. An experienced Memphis car accident lawyer will look to see who was violating which laws and how that contributed to the collision. For instance, if a bicyclist is failing to use the properly illuminating lamp and/or reflector, that is going to contribute to the recovery and affect the amount of compensation a bicyclist recover, even if the accident was primarily the fault of the motor vehicle driver.

Thus, it should be evident that no accident involving a bicycle will be an easy one because there are more laws that need to be reviewed and assessed as compared to just the motor vehicle ones.

Here at Bailey and Greer, PLLC our Tennessee car accident lawyers understand how to effectively pursue your claims. Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page. Please contact us today to receive your free case evaluation by dialing 901-680-9777. Remember, you only have one year from the date of the accident to commence your action to recover compensation.

Posted in Auto Accidents, Library