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HAD A BICYCLE CRASH IN TENNESSEE?


Contact Ben Dodge to see if the bicycle crash lawyers at Bike Accident Attorneys (BAA) can help. Unlike other lawyers who attempt to represent cyclists, our BAA lawyers actually ride and race their bicycles as well as appear and win in court. Most attorneys are just pencil pushers. We are court room litigators who are passionate about riding our bikes and we have associated local counsel in other states to allow us to help you in your state. Based on our expertise and experience we have also been admitted in other states to appear in court for our bicycle crash clients on a case by case basis. We can help you directly or ensure that you get the quality help you need in your state. Contact Ben Dodge now to see how we can protect your rights.

3 Tips on Choosing the Best Bicycle Crash Lawyer and Avoid Being Scammed

So how do you know if you have the best lawyer? There are 3 things to investigate when hiring a bicycle lawyer that can help you avoid a scammer. Some of that depends on what you think the “best” really means. To me, it is simple. The “best” lawyer will get you to the most advantageous position possible with as little cost as possible. That’s it. Nothing else to it. I have seen too many lawyers give up or miss out on incredible opportunities for their clients because of their own egos arguing the irrelevant issues or pushing too hard in a direction that only generates their own fees as opposed to the results the client would rather have.

The most advantageous position is sometimes not even what the client comes in asking for. I can’t tell you how many times I probably talked myself out of a job in an initial consult because what the client wanted actually puts them in a worse position and I wasn’t afraid to tell them so. It would have been so much easier to just tell them what they desperately wanted to hear, help them feel heard and let them vent a little. All just tell them we better hurry up and rush to court so they can be vindicated. When in reality, that won’t help them at all. So that is what many lawyers do- they try to figure out what the client wants emotionally and then sell them a legal service that matches that emotional need and of course charge them for it based on whatever they think the client is able to pay.

Obviously not all attorneys are this cold-hearted. Many of us actually care. Many of us strive to do right by the client as opposed to just trying to do right by the pocket book.

Here are some general things to watch out for when looking for an attorney, especially a bicycle accident lawyer (I don’t like the word accident, I prefer “crash” – but most of the world uses the term accident and I understand why, so I sue it too). Here are the issues to watch out for:

1) Specific Knowledge

Do they have the specific knowledge required to handle your case? Just because they graduated from law school doesn’t mean they know anything about cycling! In fact, in my opinion, most of the country doesn’t know anything about cycling. It is crazy that all sorts of professionals from police offices charged with enforcing cycling safety to insurance adjusters responsible for finding fault don’t know anything about cycling laws. This is especially true with local rules, ordinances, and even more so with knowledge of local customs and implied expectations of cycling culture and more. Now fast forward to the moment when you are looking for an attorney to help you with your crash (your bicycle accident case) and you see a billboard on the side of the freeway, or a TV commercial, or even a Google search where the words cycling lawyer were used… How much specific knowledge of bicycle cases do you think they really have? Ask them how often they ride? Ask them what their favorite route is? Ask them if they could buy any bike on the planet what would it be and why? These questions will help you quickly identify if they are even remotely plugged into the cycling community and whether or not they have specific knowledge relating to cycling. Why is this important? SIMPLE- as a cyclist you already know that most people (drivers) hate that we are out on the roads. You already have an uphill court battle of public opinion. Being right on some traffic issue isn’t enough for us. Your lawyer must know this intimately in order to successfully navigate the complex negotiations of your case with the insurance company and opposing attorneys and then ultimately in a court room where you can bet no one on the jury will be a cyclist.

Also on the topic of specific knowledge. How many cases like this issue have they handled? What were the outcomes? How confident do you feel with their answers to these questions? Specific case knowledge is helpful. Do they have experience with the opposing insurance company? With that specific police department? With your judge? And on and on.

Specific knowledge is very helpful and you can’t buy it with expensive marketing on billboards, commercials, etc. It is earned with blood, sweat, and sometimes tears through years of experience.

2) Desk or Courtroom

The next thing to investigate is whether or not the attorney you’re thinking about hiring is a desk lawyer (I fondly refer to these lawyers as pencil pushers) or a courtroom lawyer. There is a need for all sorts of lawyers. But unless you are planning on having your bicycle accident attorney draft a will or some contract for you, then you want a courtroom lawyer not a pencil pusher.

I know this is a guess, but in my experience it seems like 95% of lawyers, especially the ones who end up on billboards and commercials, are just pencil pushers. Once their cases get to tough they refer them out to a real lawyer to finish the courtroom stuff for them. Most attorneys talk a big talk in their consult with potential clients about how good they are, but when push comes to shove and they have to actually prove it to you in a courtroom with you watching, their peers (opposing lawyers on the other side of your case) and in front of a judge and jury- they simply freak out and completely drop the ball or settle for less than you should ever take just to avoid the scary courtroom.

Don’t mistakenly hire a pencil pusher. Hire a bicycle accident lawyer who thrives in the courtroom. One simple question to help catch them off guard is ask them when is the last time they were in court? What was it about? What kind of hearing was it? What was the argument they proposed and made to the judge? How did it turn out? These simple questions will help you find out if they are pencil pushers or not. Their hesitation or odd answers are a dead give away that they are likely misleading you on their courtroom abilities and experience.

We are courtroom lawyers, sometimes even going multiple times per week to court. We file lawsuits, we don’t just write a few meaningless settlement letters and sell our clients on how good the settlement is- we prove it to our clients.

3) Do You Recognize Them from a Billboard or Commercial?

Yes I said that right, do you actually recognize them from a billboard or a TV commercial? Why is this even a thing? Well, it sounds harsh but those lawyers out there spending hundreds of thousands of dollars per year (for some they spend that per month) just to recruit new clients may be struggling to get their current and past clients to even refer to them… Yep, what if your lawyer was so good and you were so impressed that you happily sent business to him/or her? See how powerful that is? I’m not saying that everyone who advertises in our line of work is a horrible lawyer. What I am saying is that it is a bit suspect since advertising is NOT cheap and it begs the question as to why they have to advertise in the first place? Is their reputation with their own clients so bad that they have to find an alternative source to finding clients? Possibly. I’m one of those guys who avoids, in fact runs away from any professional I see on a billboard. I’d much rather consult a trusted friend and get their opinion as to whom I should see or NOT see based on their experience.

Not all lawyers who advertise are bad. But like I said, I personally run away from any professional on a billboard or TV commercial. A good old fashioned referral has always proved to be much better much more often. Just sayin’.

These are just 3 of the many things to look out for when you hire a bicycle accident lawyer. Call my office up and we can chat over the phone sometime about all the other million things to look out for like attorney billable hour quotas, bonus structures, professional reputation among peers, and so much more!

We are here for you. We got your back. We protect our own like you’re a member of our tribe. Good luck. Be safe out there and keep the rubber side down.

Contact Ben Dodge and let the lawyers in the Bike Accident Attorneys National Network help you. We will assist you in your case and/or find someone for you in your state that we can trust and recommend. We have your back. We are here for you.

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TENNESSEE BICYCLE ACCIDENT STATISTICS


Resident
Population

6,651,000

Total Traffic
Fatalities

1,041

Pedalcyclist
Fatalities

9

Percentage of Total Traffic Fatalities

0.9%

Pedalcyclist Fatalities per Million Population

1.35

TENNESSEE BICYCLE STATUTES


In Tennessee, a bicycle has the legal status of a vehicle.  This means that bicyclists have full rights and responsibilities on the roadway and are subject to the regulations governing the operation of a motor vehicle.  Tennessee traffic laws require bicyclists to:

  • Ride on the right-hand side of the road with the same direction as traffic
  • Obey all traffic signs and signals
  • Use hand signals to communicate intended movements
  • Equip their bicycles with a front white light visible from 500 feet and either a red reflector or a lamp emitting a red light which shall be visible from a distance of at least five hundred feet (500') to the rear

 In addition, the TN Child Bicycle Safety Act requires that:

  • All bicycle operators under 16 years of age must wear a bicycle helmet on any highway, street, or sidewalk
  • All child passengers under 40 pounds or 40 inches must be seated and secured in a child restraining seat or a bicycle trailer

TCA 55-52-103 - Bicycle Chapter Definitions

As used in this part, unless the context otherwise requires:
   (1) "Bicycle" means a human-powered vehicle with two (2) wheels in tandem designed to transport, by the action of pedaling, one (1) or more persons seated on one (1) or more saddle seats on its frame. "Bicycle" also includes a human-powered vehicle designed to transport by pedaling that has more than two (2) wheels where the vehicle is used on a public highway or street, public bicycle path or other public right-of-way, but does not include a tricycle;
   (2) "Highway" or "street" means the entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel;
   (3) "Operator" means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle;
   (4) "Other public right-of-way" means any right-of-way other than a public highway or street or public bicycle path that is under the jurisdiction and control of the state or a local political subdivision thereof and is designed for use and used by vehicular and/or pedestrian traffic;
   (5) "Passenger" means any person who travels on a bicycle in any manner except as an operator;
   (6) "Protective bicycle helmet" means a piece of headgear that meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation, or that is otherwise approved by the commissioner of safety;
   (7) "Public bicycle path" means a right-of-way under the jurisdiction and control of the state or a local political subdivision thereof for use primarily by bicycles and pedestrians;
   (8) "Restraining seat" means a seat separate from the saddle seat of the operator of the bicycle that is fastened securely to the frame of the bicycle and is adequately equipped to restrain the passenger in the seat and protect the passenger from the moving parts of the bicycle;
   (9) "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use of pedestrians; and
   (10) "Tricycle" means a three-wheeled human-powered vehicle.

TCA 55-52-105 - Child Bicycle Safety Rules and Regulations

 With regard to any bicycle operated over any highway, street or sidewalk, it is unlawful:
   (1) For any person under sixteen (16) years of age to operate or be a passenger on a bicycle unless at all times when so engaged the person wears a protective bicycle helmet of good fit fastened securely upon the head with the straps of the helmet;
   (2) For any person to be a passenger on a bicycle unless, with respect to any person who weighs less than forty pounds (40 lbs.), or is less than forty inches (40'') in height, the person can be and is properly seated in and adequately secured to a restraining seat;
   (3) For any parent or legal guardian of a person under twelve (12) years of age to knowingly permit the person to operate or be a passenger on a bicycle in violation of subdivision (1) or (2); and
   (4) To rent or lease any bicycle to or for the use of any person under sixteen (16) years of age unless:
      (A) The person is in possession of a protective bicycle helmet of good fit at the time of the rental or lease; or
      (B) The rental or lease includes a protective bicycle helmet of good fit, and the person intends to wear the helmet, as required by subdivision (1), at all times while operating or being a passenger on the bicycle.

TCA 55-52-106 - Penalty to Violation of 55-52-105

 (a) Except as provided in subsection (b), any adult person violating any requirements set forth in § 55-52-105, commits a violation and shall be assessed a civil penalty of two dollars ($2.00) and court costs.
(b) Upon commission of the first offense within a twelve-month period under § 55-52-105(3), it shall be a defense that the accused has since the date of the violation purchased or provided a protective bicycle helmet or a restraining seat, and uses and intends to use or causes to be used or intends to cause to be used the same as the law requires.
(c) In no event shall failure to wear a protective bicycle helmet or to secure a passenger to a restraining seat be admissible as evidence in a trial of any civil action.
(d) A law enforcement officer observing any violation of this part shall issue a warning to the violator for the first offense and a citation to the violator for the second or subsequent offense, but shall not arrest or take into custody any person solely for a violation of this part.

TCA 55-8-171 - Operation of Bicycles and Play Vehicles - Penalty - Effect of Regulations

It is a Class C misdemeanor for any person to do any act forbidden or fail to perform any act required in §§ 55-8-171 -- 55-8-177.

(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit that child or ward to violate any of the provisions of this chapter and chapter 10, parts 1-5 of this title.

(c) The regulations applicable to bicycles and electric bicycles shall apply whenever a bicycle or electric bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.

(d) This section and §§ 55-8-172 – 55-8-177 are applicable to electric bicycles as defined in Section 2 of § 55-8-301.

TCA 55-8-172 - Traffic Laws Apply to Persons Riding Bicycles – Penalty

Every person riding a bicycle or electric bicycle, as defined in Section 2 of § 55-8-301, upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter and chapter 10, parts 1-5 of this title, except as to those provisions of this chapter and chapter 10, parts 1-5 of this title that by their nature can have no application.
Every person riding a bicycle or electric bicycles, as defined in Section 2 of § 55-8-301, is subject to the special regulations in §§ 55-8-171 – 55-8-177 applicable to bicycles or electric bicycles.
Every person riding an electric bicycle, as defined in Section 2 of § 55-8-301, is subject to the special regulations in Section 2 through 8 of § 55-8-301 applicable to electric bicycles.
A violation of this section is a Class C misdemeanor.

TCA 55-8-110 - Traffic-control Signals--  Inoperative signals with vehicle detection devices for bicycles

(d) Notwithstanding any law to the contrary, the rider of a bicycle approaching an intersection that is controlled by a traffic-control signal utilizing a vehicle detection device that is inoperative due to the size of the bicycle shall come to a full and complete stop at the intersection and, after exercising due care as provided by law, may proceed with due caution when it is safe to do so. It is not a defense to a violation of § 55-8-109 that the rider of a bicycle proceeded under the belief that a traffic-control signal utilized a vehicle detection device or was inoperative due to the size of the bicycle when the signal did not utilize a vehicle detection device or that the device was not in fact inoperative due to the size of the bicycle.

TCA 55-8-173 - Riding on Bicycles – Penalty

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto, except for a certified police cyclist who is performing duties that require riding in a side dismounting position.
(b) No bicycle shall be used to carry more persons at one (1) time than the number for which it is designed or equipped.
(c) No person shall play on a highway other than upon the sidewalk thereof, within a city or town, or in any part of a highway outside the limits of a city or town, or use thereon roller skates, coasters or any similar vehicle or toy or article on wheels or a runner, except in those areas as may be specially designated for that purpose by local authorities.
(d) A violation of this section is a Class C misdemeanor.

TCA 55-8-174 - Clinging to Vehicles – Penalty

No person riding upon any bicycle, roller skates, sled or toy vehicle shall attach the bicycle, roller skates, sled or toy vehicle, or that person's own body, to any streetcar or vehicle upon a roadway.
This section shall not be construed to prohibit the attachment of a bicycle trailer or bicycle semitrailer to a bicycle if the trailer or semitrailer is designed specifically for that purpose.
A violation of this section is a Class C misdemeanor.

TCA 55-8-175 - Riding on Roadways and Bike Paths – Penalty

 (a)  (1) Any person operating a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable to the right-hand curb or edge of the roadway, except under any of the following situations:
      (A) When overtaking and passing another vehicle proceeding in the same direction;
      (B) When preparing for a left turn at an intersection or into a private road or driveway; or
      (C) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this section, "substandard width lane" means a lane that is too narrow for a bicycle and another vehicle to travel safely side by side within the lane.
   (2) This subsection (a) does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control.
(b)

  (1) Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane.  (2) Subdivision (b)(1) does not apply to a certified police cyclist engaged in the lawful performance of duty relating to traffic control or in pursuit of an actual or suspected violator of the law.
(c)  (1) This subsection (c) shall be known and may be cited as the "Jeff Roth and Brian Brown Bicycle Protection Act of 2007."
   (2) The operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction on the roadway, shall leave a safe distance between the motor vehicle and the bicycle of not less than three feet (3') and shall maintain the clearance until safely past the overtaken bicycle.
(d) A violation of this section is a Class C misdemeanor.

TCA 55-8-176 - Carrying Articles on Bicycles – Penalty

(a) No person operating a bicycle shall carry any package, bundle or article that prevents the driver from keeping at least one (1) hand upon the handlebars.
(b) A violation of this section is a Class C misdemeanor.

TCA 55-8-177 - Bicycle Lamps and Brakes – Penalty

(a) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least five hundred feet (500') to the front, and either a red reflector or a lamp emitting a red light, which shall be visible from a distance of at least five hundred feet (500') to the rear, when directly in front of lawful upper beams of head lamps on a motor vehicle.
(b) Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within twenty-five feet (25') from a speed of ten miles per hour (10 mph) on dry, level, clean pavement.
(c) A violation of this section is a Class C misdemeanor.

TCA 55-8-197 Failure to Yield Right of Way - Rules of the Road

Any person who violates subdivisions (a)(1)-(6) and the violation results in an accident resulting in serious bodily injury to or death of any person shall be guilty of a misdemeanor:
   (1) Section 55-8-115 by failing to drive on the right half of the roadway as provided in the section, except for those motor vehicles in compliance with § 55-7-115 or § 55-7-202;
   (2) Section 55-8-118 or § 55-8-119 by unlawfully overtaking and passing another vehicle as provided in those sections;
   (3) Section 55-8-128, § 55-8-129, § 55-8-130 or § 55-8-131 by failing to yield the right of way as provided in those sections;
   (4) Section 55-8-134, by failing to yield the right-of-way to pedestrians in crosswalks as provided in the section;
   (5) Section 55-8-136, by failing to exercise due care as provided in the section; or
   (6) Section 55-8-175(c), by failing to overtake and pass a bicycle safely as provided in § 55-8-175(c).
(b) For the purposes of this section, unless the context otherwise requires, "serious bodily injury" means:
   (1) Substantial risk of death;
   (2) Serious disfigurement; or
   (3) Protracted loss or impairment of the function of any bodily member, organ or mental faculty.
(c)  (1) A violation of subsection (a) is a Class B misdemeanor punishable by a fine of two hundred and fifty dollars ($250) if the accident results in serious bodily injury of another.
   (2) A violation of subsection (a) is a Class A misdemeanor punishable by a fine of five hundred dollars ($500) if the accident results in the death of another.
(d) The court shall send the department a record of any of the convictions of any of the sections indicated in subsection (a). The court shall indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another.
(e) Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted under this section for a period of up to six (6) months, if the accident results in serious bodily injury of another, and up to one (1) year if the accident results in death of another.

55-8-127.  Restrictions on use of controlled-access roadway.

  (a) The department of transportation and local authorities may, with respect to any controlled-access roadway under their respective jurisdictions, prohibit the use of that roadway by pedestrians, bicycles or other nonmotorized traffic or by any person operating a motor-driven cycle.
 (b) The department or the local authority adopting any such prohibitory regulation shall erect and maintain official signs on the controlled-access roadway on which the regulations are applicable, and when the signs are erected, a person who disobeys the restrictions stated on the signs commits a Class C misdemeanor.

Electric Bicycles

TCA 55-8-301: Part definitions.

As used in this part:
(1) "Class 1 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty miles per hour (20 mph);

(2) "Class 2 electric bicycle" means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of twenty miles per hour (20 mph);

(3) "Class 3 electric bicycle" means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight miles per hour (28 mph); and

(4) "Electric bicycle" means a device upon which any person may ride that is equipped with two (2) or three (3) wheels, any of which is twenty inches (20") or more in diameter, fully operable pedals for human propulsion, and an electric motor of less than seven hundred fifty (750) watts, and meets the requirements of one (1) of the three (3) classes of electric bicycles defined in subdivision (1), (2), or (3).

TCA 55-8-302: Requirements and laws applicable to electric bicycles.

An electric bicycle and any person operating an electric bicycle is not subject to any requirements or laws applicable to motor vehicles, including the Tennessee Financial Responsibility Law of 1977, compiled in chapter 12, part 1 of this title; the Uniform Classified and Commercial Driver License Act of 1988, compiled in chapter 50 of this title; and chapters 3 and 4 of this title, relating to titling and registration. Except as otherwise specified by this part, the requirements and laws applicable to bicycles in this title shall apply to electric bicycles.

TCA 55-8-303: Label.

(a) On or after January 1, 2017, every manufacturer or distributor of new electric bicycles intended for sale or distribution in this state shall permanently affix, in a prominent location, to the electric bicycle a label that contains the classification number, top assisted speed, and motor wattage of the electric bicycle, and is printed in Arial font in at least nine-point type.

(b) On or after January 1, 2017, no new electric bicycle shall be sold to the general public in this state unless a label is affixed to the electric bicycle pursuant to subsection (a).

(c) A violation of subsection (a) or (b) is an unfair and deceptive act or practice under the Tennessee Consumer Protection Act of 1977, compiled in title 47, chapter 18, part 1.

TCA 55-8-304: Unlawful modification of electric bicycle.

It is an offense for a person to knowingly modify an electric bicycle so as to change the speed capability of the electric bicycle and not appropriately replace, or cause to be replaced, the label indicating the classification required in § 55-8-303. A violation of this section is a Class C misdemeanor.

TCA 55-8-305: Equipment requirements.

(a) No electric bicycle shall be operated upon any street or highway unless the electric bicycle:

          (1) Complies with applicable equipment and manufacturing requirements for electric bicycles established by state and federal law, including federal standards adopted by the United States consumer product safety commission and compiled in 16 CFR Part 1512; and

          (2) Is equipped in such a manner that the electric motor is disengaged or ceases to function when the brakes are applied, or that the electric motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.

(b) No class 3 electric bicycle shall be operated upon any street or highway unless it is equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour.

(c) A person who knowingly operates an electric bicycle in violation of subsection (a) or (b) commits a Class C misdemeanor.

TCA 55-8-306: Operation of electric bicycle on street or highway or path or trail.

(a)(1) A class 1 electric bicycle or a class 2 electric bicycle may be operated on any part of a street or highway where bicycles are authorized to travel, including a bicycle lane or other portion of a roadway designated for exclusive use by bicyclists, the shoulder or berm, and any path or trail intended for use by bicyclists.

          (2) A local government or state agency having jurisdiction over any part of any path or trail where bicycles are authorized to travel may regulate or prohibit, by resolution or ordinance if a local government or by rule or policy if a state agency, the operation of a class 1 electric bicycle or class 2 electric bicycle on that path or trail, if the local government or state agency determines that the regulation or prohibition is necessary, in the interest of public safety.

          (3) No class 3 electric bicycle shall be operated on any part of a path or trail where bicycles are authorized to travel, unless the path or trail is within or adjacent to the street or highway, or the local governing body or state agency having jurisdiction over the path or trail permits, by resolution or ordinance if a local government or by rule or policy if a state agency, the operation of a class 3 electric bicycle on that path or trail.

          (4) No electric bicycle shall be operated on any sidewalk unless the use of bicycles on sidewalks is authorized by resolution or ordinance if a local government or by rule or policy if a state agency, of the local government or state agency having jurisdiction over that sidewalk, and the electric motor is disabled.

          (5) Any local resolution or ordinance or state agency rule or policy adopted in accordance with this subsection (a) shall use the definitions in this part for electric bicycle, class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. References to motor vehicles in any local resolution or ordinance shall not be applicable to an electric bicycle.

          (6) A person who knowingly operates an electric bicycle in violation of subdivision (a)(3) or (a)(4) commits a Class C misdemeanor.

(b) On any roadway, highway, or street, electric bicycles shall be restricted, limited, or excluded by local resolutions and ordinances to the same extent as bicycles are restricted, limited, or excluded.

TCA 55-8-307: Prohibited operation of class 3 electric bicycle by person under 14 years of age -- Helmet requirements.

(a) It is a delinquent act for a person under fourteen (14) years of age to operate a class 3 electric bicycle upon any street or highway; provided, that the person may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.

(b) The operator and all passengers of a class 3 electric bicycle, regardless of age, shall wear a properly fitted and fastened bicycle helmet meeting federal standards established by the United States consumer product safety commission or the American Society for Testing and Materials. A label on the helmet shall be affixed signifying the helmet complies with this subsection (b).

(c)(1) A violation of subsection (a) shall be punishable only by a fine not to exceed fifty dollars ($50.00).

    (2) A person who violates subsection (b) commits a Class C misdemeanor.

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  • Unfortunately 1 year ago I was in a very bad bicycle accident and also took out some of my fellow riders. Fortunately though Ben from Bike Accident Attorneys was on that same bike ride and what a blessing that was for me and those that were also involved. Him and his staff were amazing and so helpful with everything. He was a tremendous help and the greatest thing was not only was I represented professionally, but I gained a close friend and riding teammate. Thank you Ben and to your wonderful staff!

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    Kristi R.

    Bike Accident Attorneys is a fantastic law firm dedicated to cyclists! Ben Dodge will go above and beyond to make sure everything you need is taken care of. He is one of the kindest and most honest people I've ever had the honor of knowing. In addition he is a cyclist just like us and knows our mindset and needs. I highly recommend contacting Ben before you do anything else if you are in the unfortunate circumstance of needing help if something happens to you on a ride.

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    I was referred to Ben and his firm when I was hit by a car. Before I hired him as my attorney, Ben spent an enormous amount of time with me both answering my questions, as well as making sure I was comfortable with the process, timelines, and possible outcomes. Throughout the case I was given timely status reports and updates on the discussions from both sides. Not only was the service provided top notch, but Ben himself is a pleasure to work with. If this is ever something you find yourself in need of, there is no better place to go than BAA.

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