Can I sue for a bicycle accident if I was partially at fault?

In Tennessee, the law allows an injured party to sue for a bicycle accident, even if they were partially at fault in the accident. According to the official Tennessee Code Annotated § 28-1-106, a plaintiff (the injured party) may sue for a bicycle accident if they are 50% or less at fault for the incident. This is known as the "modified comparative fault" system of law. In a “modified comparative fault” system, a plaintiff’s damages would be reduced proportionately to the degree of their fault in the incident. For example, if a jury decides that a plaintiff in a bicycle accident was 40% at fault, their award would be reduced by 40%. In Tennessee, if a plaintiff is found to be more than 50% at fault for the accident, they are not allowed to receive any damages. This is known as "contributory negligence". Thus, if a plaintiff is found to be more than 50% at fault for a bicycle accident, they would not be able to receive any form of compensation for their injuries. It is important to note that a bicycle accident claim can be a complex matter and it is important to consult with an experienced attorney who can advise you on the best possible outcome for your specific situation. An experienced attorney with knowledge of bicycle accident law in Tennessee can help you determine your rights and how to best proceed in asserting a claim.

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