Two Wheels, Unlimited Problems: What to Know About Bicycle v. Motor Vehicle Accidents and Injuries
Courtney Cotter
Research shows that the number of bicyclists in the United States has grown from approximately 43 million in 2015 to approximately 52 million in 2022. With an increased number of bicyclists on the roadway comes an increased risk of injury as a result of a motor vehicle accident. Tennessee Highway Patrol reported there were 377 accidents between vehicles and bicycles within the state in 2018, eight resulted in fatalities and 344 serious injury.
Rules of the Road
Under Tennessee law, a bicycle carries the same legal status of a vehicle. As such, bicyclists have full rights when navigating the roadway except as noted in TCA 55-8-171 through 55-8-177.
According to TCA 55-8-175 (a)(1) bicyclists must ride with the flow of traffic and as far to the right as safety allows, except when turning, passing or to avoid hazards such as parked car doors and road debris. However, bicyclists may legally ride in the center of a traffic lane. TCA 55-8-175 (a)(1)(C). On one-way streets the bicyclist may ride to the far left. If a designated bike lane exists on the far right, then the cyclist is required to use the bike lane.
Motorists are required to exercise due care when operating a motor vehicle and this encompasses exercising due care when opening a car door in the presence of a pedestrian or cyclists. TCA 55-8-136. The duty to exercise due care also requires motor vehicle operators to move over when possible to provide bicyclists with adequate space.
As with motorists, bicyclists must yield to pedestrians in crosswalks.
Common Types of Accidents
Three of the most common types of accidents involving bicyclists:
hitting the opening door of a parked car,
being brushed by a passing car or truck, and
being struck by a motor vehicle turning right.
The most common cause of motor vehicle v. bicycle accidents is a motorist turning right. This happens when a motorist makes a right-hand turn passing through the bicyclists path of travel. Often this occurs when a vehicle passes a bicyclist, then proceeds to slow down while making a right-hand turn, protruding direct into the bicyclists path of travel. At this point the bicyclist has nowhere to turn resulting in a collision. A collision can also occur when a motorist turns right without paying attention or looking for a bicyclist or bike.
In all of the above-mentioned hypothetical situations the motorist is liable for the accident and injury. A motor vehicle may not make a turn unless it is safe to do so.
What to Do After an Accident:
If anyone is injured call an ambulance and/or the police immediately. It is important to still call the police even if there are no serious injuries to file a police report. It's important for all crashes to be documented in case an injury reveals itself later that day or within the next few days. It is also important to document the crash in case there are unsafe road conditions that need to be addressed. It is also important to obtain any insurance information from the other party.
The most important thing is to seek medical treatment immediately, even if you think you will be fine. More often than not, I speak with someone that was involved in a motor vehicle accident that failed to seek medical treatment within the first two weeks. This can substantially hurt your case because while you may have initially thought that you were banged up, but you would be fine in a few days, that is typically not the case. Failing to receive treatment for more than two weeks following an accident can communicate to the insurance company that you were not injured in the motor vehicle accident. If you wait two weeks, the insurance company can and will make the argument that your injury could be due to some other accident that may have occurred between the date of the accident and the date of treatment.
Do You Need a Lawyer?
The insurance company, specifically the adjuster handling your claim, is going to do everything in his/her power to make sure you get the least amount of compensation if he/she offers anything at all.
Hiring an attorney can ensure you receive the full and fair compensation you deserve. At Cotter Law it is our priority to take on the fight with the insurance company while you focus on recovering from your auto accident. Fill out the form below or call Cotter Law today to schedule your FREE consultation at (865) 888-7155 to speak with an experienced attorney.