I have had the good fortune to be good friends with several competitive cyclists. In my marathon-running days, we would discuss the merits of running versus cycling, with my friends who did Ironman triathlons getting the last word in that discussion. As a lawyer, I’ve had the honor of representing numerous cyclists in personal injury cases. I say ‘honor” for several reasons:
First, cyclists are often treated as if they are invisible on the roads. Drivers in Tennessee don’t always expect to see them, and don’t always show them courtesy when they do encounter them. In short, standing up for cyclists is an important step in making sure that future generations will have better experiences on Tennessee roadways.
Second, cyclists make great clients. The very attributes that make them cyclists make them easy to work with. They are determined. They are organized (they have to be, to fit long workouts into their weekly schedules). They are fit, which means that they often don’t have as many pre-existing conditions to complicate their medical proof. They are disciplined, which means that they work hard to heal and get back on the bike. And they are no-nonsense, which always helps in litigation.
Third, injured cyclists need help. A cycling accident caused by a defective road condition, an unsecured dog, or a negligent driver can cause catastrophic injuries. When they are dealing with these serious injuries, cyclists need someone on their side.
According to the National Highway Traffic Safety Administration, the number of cycling deaths increased from 2010 – 2021, and in 2021 2.2% of traffic fatalities were cyclists. Likewise in 2021 the NHTSA reports that at least 41,615 cyclists were injured on the roads. (Click for Article)
Likewise, the Tennessee Department of Transportation’s Tennessee Vulnerable Road User Safety Assessment from November 15, 2023 concluded that bicycle crashes increased by 4.5% between 2018 and 2022, with an 18% increase in fatal and serious injury crashes during that same time frame. (Click for Article)
These statistics, of course, do not include the countless accidents that are not reported. And, as any serious cyclist knows from anecdotal evidence, there are many serious accidents that are never reported.
The causes of these rising accident rates are likely the obvious suspects: increased driver distraction, as drivers text and fiddle with electronic devices; over-crowded roads, as more and more people flock to Nashville; the increasing popularity of cycling, creating inevitable conflicts for road space; and a failure to create more dedicated biking lanes.
So, what should you do if you are in a serious accident that might be caused by the negligence of a third-party? Here are a few ideas:
First, don’t hesitate to report the accident if another driver is involved. A police report can help to identify witnesses, contact information, insurance information, and other details that might otherwise be lost.
Second, don’t lose hope! Even if it is not immediately clear that the responsible party has insurance, there may be coverage. Perhaps your own uninsured motorist coverage will provide you coverage if you were injured by an uninsured motorist. Perhaps the negligent parties’ homeowner’s insurance will cover if they have caused your accident and no car was involved (for example, if their child, animal, or property was in the roadway and caused you to wreck.)
Third, do the things necessary to get well, and document each step of the process. If you are bruised, take pictures. If you are taking pain medicine, keep a journal of your dosage. If you are receiving medical care, collect your medical records and bills. Keep careful records of lost wages, damages to your bike and other property, etc.
Fourth, call a lawyer. If you are seriously injured, you will have your hands full getting better, getting back to work, and getting back on your bike. Let a lawyer shoulder the burden of gathering the evidence, organizing the records of your damages, dealing with medical liens and subrogation claims, and helping you determine a proper valuation for your case and then sending a demand letter or filing a Complaint.
I have been practicing law for 28 years. In that time I have handled a wide variety of cases, including a wide variety of personal injury cases. I have handled wrongful death cases, catastrophic injury cases, car accidents, motorcycle accidents, accidents involving uninsured tortfeasors, and lots of bike accidents. My bike accident cases have included at-fault car drivers, unsafe road and sidewalk conditions, animals loose in the roadway, claims involving homeowner’s insurance, and claims involving catastrophic injuries. I take these cases seriously, and understand the challenges that cyclists face on Tennessee roadways.
If you are a cyclist who has been injured because of someone else’s negligence, I would be happy to talk with you.
John Overton Belcher
Belcher Sykes Harrington, PLLC
615.810.8739
Vanderbilt Law School, Class of 1996
