Bicycle Accident Lawyers in Knoxville

Tennessee's one-year deadline to bring a bicycle claim

Tennessee gives an injured cyclist just one year from the date of the crash to file a lawsuit under Tenn. Code Ann. § 28-3-104, one of the shortest deadlines in the nation. It extends to two years only if the driver is criminally charged and that case begins within the first year. A bicycle case is often won or lost long before then, because the physical evidence is fragile. Paint transfer on the vehicle, the position of the bike, and marks on the road are cleared quickly, and drivers who struck a cyclist tend to minimize what happened. We investigate immediately to lock down the proof.

Tennessee's three-foot passing law

Tennessee law requires a driver to give a cyclist at least three feet of clearance when passing, under the Jeff Roth and Brian Brown Bicycle Protection Act of 2007, Tenn. Code Ann. § 55-8-175. The law is named for two riders killed by passing vehicles, and a driver who crowds a cyclist and causes a crash has violated it. Many collisions happen exactly this way, when a driver passes too closely, turns right across a rider's path, or opens a door into the bike's line of travel. We investigate how the crash happened, including whether the driver gave the legally required space, to establish liability.

Tennessee's fifty percent rule and the blame drivers shift to cyclists

Under the rule from McIntyre v. Balentine, a cyclist who is fifty percent or more at fault recovers nothing, and below that line the recovery is reduced by the rider's share. Drivers almost always claim the cyclist swerved, ran a light, or came out of nowhere, trying to push the rider over that line. We use the physical evidence and any available video to show the driver was the one who failed to share the road safely. The most seriously injured cyclists are treated at the University of Tennessee Medical Center, the region's Level I trauma center.

Tennessee's bicycle helmet law

In Tennessee, only cyclists under sixteen are required by law to wear a helmet, under Tenn. Code Ann. § 55-52-105. An adult rider is not, and a driver's insurer cannot use an adult's choice not to wear one to defeat the claim. If an adjuster tries to blame your injuries on the absence of a helmet, we keep the focus on the driver who caused the crash.

Serving injured cyclists across East Tennessee

Our Knoxville team represents injured cyclists across Knox, Blount, Sevier, Anderson, Loudon, Roane, Jefferson, and Union counties. We handle claims for riders hurt in Farragut, Maryville, Oak Ridge, Sevierville, Pigeon Forge, Gatlinburg, Clinton, Lenoir City, and Alcoa.

Reports, treatment, and filing your case

A bicycle crash inside the city is investigated by the Knoxville Police Department, which prepares the official report, one outside the city by the Knox County Sheriff's Office, and one on a highway by the Tennessee Highway Patrol. We help you obtain your report and your records from the University of Tennessee Medical Center, and when a fair settlement cannot be reached, we file your lawsuit in Knox County Circuit Court.

Contact a Knoxville bicycle accident attorney

If a careless driver left you injured on your bike, you deserve dedicated legal help, and Tennessee's one-year deadline means you have limited time to act. Call (865) 674-4960 for a free, confidential case review. We work on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you.

Speak with a Knoxville bicycle accident attorney

Common questions

A driver passed too close and clipped me. Is that against the law in Tennessee?

Yes. Tennessee's three-foot law requires drivers to give cyclists a safe passing distance, and a driver who fails to do so and strikes a rider has breached that duty. We use the point of contact, the damage, and any witnesses or video to show the driver did not give you the room the law requires.

I was hit by a car door opening as I rode past parked cars. Who is responsible?

The person who opened the door into your path is generally responsible, because they have a duty to check for traffic, including cyclists, before opening a door. We identify the vehicle and the person who opened the door and pursue the claim against them.

Can I recover for damage to my bike and gear along with my injuries?

Yes. The full replacement cost of your bicycle, along with a damaged helmet, cycling computer, and other gear destroyed in the crash, is part of your claim alongside your medical care and other losses.