Pedestrian and Bicycle Accidents in Tennessee

Tennessee’s cities are seeing a rise in tourism, and as a result, efforts to accommodate the increase in pedestrians and bicyclists are struggling to keep up. Whether riding, walking, or driving, it’s critical to know your rights and obligations as a road user.

If you’ve been injured in a pedestrian or bicycle accident in Tennessee, working with the right attorney can make a big difference. Call Delius, McKenzie & McCarter to discuss your next steps today.

How tourism growth leads to heightened risk

Knowing how and why accidents happen can help drivers, riders, and pedestrians protect themselves. One study found a direct link between urban growth and pedestrian fatalities, a trend we may be able to see in Tennessee as tourism continues to rise and bring more people to local city centers.

As the number of tourists in the state increases, streets once designed for quieter neighborhoods and mid-sized cities now carry thousands more vehicles per day than they were built to handle. As construction crews work on the roads, they lead to even narrower lanes, rerouted traffic, and frustrated drivers. Rideshare traffic means cars stop abruptly in the middle of the road to start or end trips, and delivery trucks serving local businesses further clog the roads.

Knowing all this, it should be no surprise that accidents are on the rise. There are several factors that contribute to this trend:

• Distracted driving: City drivers may be rushing to work or the airport, visiting from out of town, driving on unfamiliar roads, or otherwise distracted from the road. Distracted driving is a major factor in bicycle and pedestrian accidents.
• Speeding in dense areas: Speeding is dangerous anywhere, but it is especially risky when you’re on heavy-traffic city streets. The margin of error is extremely narrow in this kind of traffic, and going even a little bit too fast can lead to an accident when a bicyclist or pedestrian unexpectedly crosses your path.
• Inadequate infrastructure: Rapid growth makes it challenging for infrastructure to keep up. While many Tennessee cities are working on expanding their pedestrian-friendly and bike-friendly infrastructure, many cities aren’t yet where they need to be.
• Limited visibility: Rideshare drivers, parked cars, poorly lit streets, and delivery trucks can all make it difficult to see when a bicyclist or pedestrian is in your path.

Legal framework for pedestrian and bicycle accidents

Tennessee is a modified comparative fault state. If a pedestrian or bicyclist is injured in an accident, they can still receive compensation as long as they are less than 50% at fault. This is why having the right evidence is so important. If you can prove that a driver failed to yield right-of-way to you, was on their phone, speeding, or driving aggressively, you can fight for compensation, even if you are partially at fault for the accident. For example, if you were riding at night without lights, the court may view you as partially liable for the crash. However, as long as your share of liability is less than 50%, you can still receive compensation. It will be reduced in proportion to your share of fault.

In some cases, liability is clear-cut. A driver may enter or cross a bike lane only when reasonably necessary to make a lawful turn or access a driveway, and must do so safely and yield to bicyclists. If the driver doesn’t do so safely and yield as required, and they strike a biker, they will likely be at fault, although fault is determined on a case-by-case basis.

Common scenarios—and who’s liable

Determining liability generally comes down to the details of each accident. We’ve explored some common Tennessee accident scenarios here:

• Driver doesn’t yield at a crosswalk: Drivers must yield to pedestrians lawfully within a crosswalk, though comparative fault may still apply depending on the pedestrian’s actions.
• Driver runs a red light or stop sign: When a driver runs a red light or stop sign, they are usually at fault for hitting a pedestrian or bicyclist with the right-of-way. Not only are they ignoring right-of-way laws, but they are also breaking the law by running a red light or stop sign.
• Right-turn accident: A driver turns right while a bicyclist is traveling straight within a bike lane or a pedestrian is crossing on a green walk signal. In this type of accident, the driver is typically liable as they are expected to yield and avoid crossing the bike lane unless it is safe to do so.
• Sidewalk or parking-lot collision: A driver pulling out of a driveway, alley, or parking space may strike a pedestrian or cyclist. Because they are expected to yield to those who are already in the lane or on the walkway, they would likely be primarily
• Pedestrian jaywalking: A pedestrian crossing outside of a crosswalk may be partially liable for a collision, but drivers are also expected to take necessary measures to avoid hitting them. If they don’t, liability may be shared.
• Bicyclist riding on the wrong side of the road: Bicyclists have the same rights as drivers, but they also have the same legal obligations. If bicyclists ride on the wrong side of the road, they would likely be at least partially liable for an accident with a car.

Infrastructure challenges in pedestrian and bicycle accident cases

Infrastructure limitations can make it difficult for victims to pursue compensation. A city or county may be liable only in limited circumstances under the Tennessee Governmental Tort Liability Act, which has immunity rules and exceptions. Unfortunately, getting compensation from a government entity is much more difficult than securing a settlement from a private party. Additionally, this process is very different from the process you follow to sue a private party. It can help to work with a car accident lawyer who knows how to navigate government claims.

Fight for fair compensation with Delius, McKenzie & McCarter

The team at Delius, McKenzie & McCarter is here to help you hold negligent drivers accountable. Whether you need help with a bicycle or pedestrian accident, we’re here for you. Reach out online today to take the first step in your claim now.