Chattanooga Attorney for Bicycle Accident Claims. Call (423) 255-7642
A bicyclist has little or no chance to walk away from a collision (or even a near-miss) with a car or truck. Fortunately, we have laws designed to give bicyclists a fighting chance. The “Jeff Roth and Brian Brown Bicycle Protection Act of 2007,” Tenn. Code Ann. § 55-8-175(c)(2), requires motorists to leave a safe distance of at least three feet between their vehicle and a bicycle until safely past the bicycle. That law provides as follows: “The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet (3′) and shall maintain the clearance until safely past the overtaken bicycle.” Tenn. Code Ann. § 55‑8‑175(c)(2). Although this is commonly referred to as the “three-foot rule,” the statute actually requires a minimum buffer of three feet, plus whatever additional buffer constitutes a “safe distance” under the circumstances.
There are occasions where passing a bicycle is prohibited entirely. In a no-passing zone (typically indicated by double yellow lines), Tenn. Code Ann. § 55‑8‑121 prohibits passing on the left side of the roadway. That law protects bicyclists too, because “[e]very person riding a bicycle upon a roadway is granted all of the rights” of a person operating a motor vehicle. Tenn. Code Ann. § 55-8-172(a). Thus, in a marked no-passing zone, if a motor vehicle cannot provide the bicycle at least a three-foot buffer and stay entirely within the right lane, then the motorist cannot lawfully pass the bicycle. The reasoning behind this rule is sound: if a motorist tried to pass a bicycle by driving left of center around a “blind” curve, and then abruptly had to veer back to the right to avoid an oncoming vehicle, the bicyclist would be in the ditch or worse.
Collisions and accidents involving cyclists can be devastating. The huge disparity in size between a car or truck and a bicycle or motorcycle means the cyclist nearly always suffers serious injuries in such accidents. In some instances, a motorist who sideswipes a cyclist keeps driving away, rather than stopping to render aid. Such hit-and-runs not only evidence a lack of basic human compassion on the part of the at-fault driver; they are illegal. In the case of a hit-and-run, a cyclist should consider making a claim under his or her own uninsured motorist insurance, which may provide coverage in cases where the identity of the at-fault driver is unknown. Even if you are on a bicycle, your uninsured motorist insurance may cover you.
If you have been injured due to an "old style" drainage grate on a public road (the kind of grate with openings parallel to the roadway, instead of perpendicular), you may have a claim against the State of Tennessee or the city or county in which the bicycle accident occurred. The Tennessee Court of Appeals held that the State is 100% liable for a cyclist's injuries caused when her front wheel became stuck in an "old style" drainage grate, causing her to be thrown from her bicycle.
If you have been injured in a bicycle accident and would like to speak to an attorney about your rights, please contact me or request a free evaluation of your claim.
There are occasions where passing a bicycle is prohibited entirely. In a no-passing zone (typically indicated by double yellow lines), Tenn. Code Ann. § 55‑8‑121 prohibits passing on the left side of the roadway. That law protects bicyclists too, because “[e]very person riding a bicycle upon a roadway is granted all of the rights” of a person operating a motor vehicle. Tenn. Code Ann. § 55-8-172(a). Thus, in a marked no-passing zone, if a motor vehicle cannot provide the bicycle at least a three-foot buffer and stay entirely within the right lane, then the motorist cannot lawfully pass the bicycle. The reasoning behind this rule is sound: if a motorist tried to pass a bicycle by driving left of center around a “blind” curve, and then abruptly had to veer back to the right to avoid an oncoming vehicle, the bicyclist would be in the ditch or worse.
Collisions and accidents involving cyclists can be devastating. The huge disparity in size between a car or truck and a bicycle or motorcycle means the cyclist nearly always suffers serious injuries in such accidents. In some instances, a motorist who sideswipes a cyclist keeps driving away, rather than stopping to render aid. Such hit-and-runs not only evidence a lack of basic human compassion on the part of the at-fault driver; they are illegal. In the case of a hit-and-run, a cyclist should consider making a claim under his or her own uninsured motorist insurance, which may provide coverage in cases where the identity of the at-fault driver is unknown. Even if you are on a bicycle, your uninsured motorist insurance may cover you.
If you have been injured due to an "old style" drainage grate on a public road (the kind of grate with openings parallel to the roadway, instead of perpendicular), you may have a claim against the State of Tennessee or the city or county in which the bicycle accident occurred. The Tennessee Court of Appeals held that the State is 100% liable for a cyclist's injuries caused when her front wheel became stuck in an "old style" drainage grate, causing her to be thrown from her bicycle.
If you have been injured in a bicycle accident and would like to speak to an attorney about your rights, please contact me or request a free evaluation of your claim.