Bicycling offers many benefits – exercise, fresh air, and an economical way to get around. But riding also comes with risks, especially if you get into an accident. Wearing a helmet is one of the best ways to protect yourself. In Memphis, certain helmet laws apply that bicyclists need to be aware of. What bicycle accident helmet laws in Memphis, TN should you watch out for? Learning about these regulations and how helmet use impacts accident injury claims is important for every rider.
Bicycle Accident Helmet Laws in Memphis
Tennessee requires all bicyclists under age 16 to wear helmets when riding on public streets, roads, highways, or sidewalks. Parents or guardians are responsible for making sure their children wear proper protective headgear. Adult riders are not legally mandated to wear helmets, but it’s still strongly advised for safety.
Helmets must meet the standards of the American National Standards Institute, the Snell Memorial Foundation, or the American Society for Testing and Materials. Wearing a helmet correctly is as important as wearing one at all. It should sit level on your head, covering most of your forehead. The straps should form a “V” shape under each ear and fasten snugly under your chin.
The consequences for violating the bicycle helmet law in Memphis can include a warning, a fine, or mandatory attendance at a bicycle safety course. Parents may be held responsible if their minor child fails to wear a helmet as required. However, the primary goal of enforcement is to promote safety, not to punish riders.
Impact of Helmet Use on Injury Claims
If you get into a bicycle accident, whether you were wearing a helmet should not significantly affect any injury claim you make. It is illegal to admit proof that a person wasn’t wearing a helmet as evidence in a trial.
However, if you have no lawyer and talk to an insurance adjuster about your claim, they may assume that you don’t know a failure to wear a helmet should not affect your compensation. They may try to convince you that not wearing a helmet can count as negligence on your part. This may lead to your monetary recovery being decreased, even if the other party was primarily to blame. The argument is that your injuries would likely have been less severe if you had worn a helmet.
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Bicycle Accident Claims and Helmet Regulations
Bicycle accident helmet laws in Memphis always depend on fault to ascertain the amount of compensation to be given. To receive full compensation in a bicycle accident claim, you usually have to prove the other party was entirely at fault and that you took proper precautions for your safety. Following helmet laws and wearing one, even if not mandatory, can help your case. It shows you were being a responsible rider and not taking unnecessary risks.
Of course, wearing a helmet doesn’t automatically guarantee a favorable outcome. The facts of the accident still matter most. But it’s one factor that can work in your favor.
Even if you were partially at fault for the accident, you may still be able to recover some compensation if the other party was also negligent. Tennessee’s modified comparative negligence rule allows you to receive compensation as long as you were less than 50% at fault for the accident. However, your recovery will be reduced in proportion to your assigned percentage of blame.
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How Not Wearing a Helmet Affects Your Case
It’s important to note that Tennessee’s helmet law only applies to children under 16. If you are an adult rider, not wearing a helmet or other protective gear generally can’t be used against you to prove negligence. However, the defense could still try to argue that your injuries would have been less severe with a helmet. Non-helmet usage is especially damning to your case if you suffered traumatic brain injuries.
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Proving Liability in a Bicycle Accident Case
Establishing who was at fault is key to recovering damages in a bicycle accident claim. Tennessee law requires bicyclists to follow the same rules of the road as motor vehicle drivers. This means obeying traffic signals, riding with the flow of traffic, using hand signals, and yielding the right-of-way when required.
If the driver involved in your accident violated traffic laws, was distracted, or made unsafe maneuvers, you may have a strong case against them. Witness statements, traffic camera footage, and police reports can help prove the driver’s negligence. Your attorney can gather and present this evidence on your behalf.
In some cases, multiple parties involved may share blame for the accident. For example, a driver may have been speeding, but maybe you turned without signaling. Comparative or contributory negligence would then come into play. Accident reconstruction specialists are sometimes hired in complex cases to analyze what happened and assign percentages of fault.
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Seeking Compensation for Your Losses
Bicycle accident injuries are often severe since riders have little protection against impact with a vehicle. Common injuries include fractures, head trauma, spinal cord damage, and road rash. These injuries can lead to extensive medical bills, lost income from missing work, pain and suffering, and other damages.
You may be entitled to compensation for these losses if the accident was someone else’s fault. An experienced bicycle accident attorney can calculate the full value of your personal injury claim, including future projected costs. They can then negotiate with the insurance companies or take your case to court if needed to pursue the maximum recovery.
Compensation in a bicycle accident case may cover:
- Medical expenses (past and future)
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Disability or disfigurement
- Property damage
- Loss of enjoyment of life
- Loss of consortium
The specific losses you can claim will depend on the details of your case. Your attorney can advise you on what types of compensation to pursue.
Getting Help after a Bicycle Accident
At Gatti, Keltner, Bienvenu & Montesi, PLC, our Memphis bicycle accident lawyers are dedicated to helping injured bicyclists in Memphis. Our experienced attorneys know that deciding whether to file a claim or lawsuit can be a tough decision. Our law firm recognizes the challenges you face, advocate for your rights, and get you the compensation you deserve. If you’ve been in a bicycle accident, call us at (901) 526-2126 or contact us online today for a free consultation. Our compassionate attorneys are ready to put their experience to work for you.