Bicycle Accident Lawyer

Cyclists know the look: the driver who acts like you don’t belong on the road. Then a car turns right across your path, passes too close, or pulls out without seeing you, and suddenly you’re on the pavement. The insurance company is ready with the same story it always tells. “He came out of nowhere.” “She shouldn’t have been on that road.”

I’m Robert Bates, a Kingsport trial lawyer. I represent cyclists hit by careless drivers across the Tri-Cities and Northeast Tennessee, and you never have to leave home to hire me.

Tennessee law is on the cyclist’s side more than you think

Bicycles belong on the road. In Tennessee a bicycle is treated as a vehicle. A cyclist has the same rights on the road as a driver, along with the same duty to follow the traffic laws.

Three feet to pass. Tennessee requires drivers to leave at least three feet of space when passing a bicycle. A driver who clips a cyclist while passing has a hard time explaining that away.

Helmets. Tennessee requires helmets for riders under 16. Adults are not required to wear one. If you weren’t wearing a helmet, that doesn’t end your case, and it has nothing to do with a broken arm or leg.

Comparative fault. You can recover as long as you are less than 50 percent at fault, with your recovery reduced by your share. Expect the insurance company to look hard for something to blame on you.

Common causes of bicycle wrecks

• Drivers turning right across a cyclist’s path
• Drivers turning left in front of an oncoming rider
• Passing too close, or squeezing a rider off the road
• Cars pulling out from driveways, side streets and parking lots
• Drivers opening a door into a cyclist’s path
• Distracted drivers looking at a phone

Riding the Greenbelt or the Tweetsie Trail?

Kingsport’s Greenbelt and the Tweetsie Trail between Johnson City and Elizabethton are some of the best riding in the region, but both cross streets and driveways. Wrecks at those crossings, and crashes caused by hazards on a trail, raise their own questions about who is responsible. Call me before you assume there’s nothing to be done.

Whose insurance pays?

• The driver’s liability insurance.
• The employer’s commercial policy, if the driver was on the job.
• Your own auto policy, even though you were on a bike. Your uninsured and underinsured motorist coverage can apply if the driver had no insurance, not enough, or drove off.

What to do after a bike wreck

• Get medical care, even if you think you’re just scraped up. Head and wrist injuries often show up later.
• Don’t repair or throw away the bike, helmet or gear. They are evidence.
• Save your ride data from Strava, a bike computer or a helmet camera.
• Get witness names and photos of the scene.
• Don’t give a recorded statement to the driver’s insurance company until you’ve talked with a lawyer.

Common questions

The driver says he never saw me.

That’s not a defense. It’s usually an admission that he wasn’t looking. Drivers have a duty to watch for everyone on the road, including people on bikes.

I wasn’t wearing a helmet. Do I still have a case?

If you’re an adult, Tennessee doesn’t require one. The question is whether a helmet would have changed a particular injury, and for most injuries it wouldn’t have.

How long do I have to file?

In Tennessee, most injury claims must be filed within one year. Don’t wait.

Can I hire you without leaving home?

Yes. You are always welcome to come see me at the office, but I know that can be hard, especially after a wreck. That is why most of my clients hire me without ever leaving home. You call or text, we talk it through, and you sign on your phone, even from a hospital bed. My job is to take the stress off you and make this easy, while getting you every dollar I can as quickly as I can.