Bicycle Accident Complaint - Tennessee

BICYCLE ACCIDENT COMPLAINT — TENNESSEE

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. General Factual Allegations
4. Count I — Negligence (Against Defendant Driver)
5. Count II — Negligence Per Se (Against Defendant Driver)
6. Count III — Negligent Entrustment / Vicarious Liability (Against Defendant Owner)
7. Comparative Fault and Helmet Allegations
8. Damages
9. Prayer for Relief
10. Jury Demand
11. Reservation of Rights
12. Signature, Verification, and Service Blocks
13. Tennessee Practice Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT FOR [COUNTY] COUNTY, TENNESSEE

[____] JUDICIAL DISTRICT

No. [________]

COMPLAINT FOR DAMAGES (BICYCLE COLLISION)

JURY DEMANDED

Plaintiff, complaining of Defendants, alleges as follows:

2. PARTIES, JURISDICTION, AND VENUE

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is and at all material times was a resident and citizen of [COUNTY] County, Tennessee, and was lawfully operating a bicycle upon the public roadways of this State.

2. Defendant [DRIVER NAME] ("Driver Defendant") is, on information and belief, a resident and citizen of [COUNTY / STATE] and may be served with process at [SERVICE ADDRESS] pursuant to Rule 4, Tenn. R. Civ. P.

3. Defendant [OWNER / EMPLOYER NAME] ("Owner Defendant") is [an individual / a corporation / a limited liability company] that, at all material times, owned, controlled, and/or maintained the vehicle operated by Driver Defendant and/or employed Driver Defendant, and may be served at [SERVICE ADDRESS / REGISTERED AGENT].

4. This action arises under Tennessee tort law for personal injuries and property damage sustained when a motor vehicle struck Plaintiff, a bicyclist, in [COUNTY] County, Tennessee, on [__/__/____].

5. This Court has subject-matter jurisdiction pursuant to Tenn. Code Ann. § 16-10-101, the Circuit Court being a court of general civil jurisdiction.

6. Personal jurisdiction is proper because Defendants reside in, do business in, and/or committed the tortious conduct within the State of Tennessee.

7. Venue is proper in this county under Tenn. Code Ann. § 20-4-101 because the cause of action arose here and/or one or more Defendants resides here.

3. GENERAL FACTUAL ALLEGATIONS

8. On [__/__/____] at approximately [TIME], Plaintiff was lawfully operating a bicycle traveling [northbound / southbound / etc.] on [ROADWAY] at or near its intersection with [CROSS STREET / LANDMARK / MILE MARKER], in [CITY], Tennessee (the "Collision").

9. Plaintiff was riding in a lawful and prudent manner — [as near to the right-hand curb or edge of the roadway as practicable (Tenn. Code Ann. § 55-8-175(a)) / within a marked bicycle lane / lawfully occupying the lane where a substandard-width lane or other condition required] — and, to the extent the Collision occurred during darkness, Plaintiff's bicycle was equipped with a lighted front lamp and rear reflector or lamp as contemplated by Tenn. Code Ann. § 55-8-177.

10. At the same time and place, Driver Defendant was operating a [YEAR / MAKE / MODEL] [passenger vehicle / pickup truck / SUV / commercial vehicle] owned by Owner Defendant.

11. Traffic, lighting, and weather conditions were [describe — e.g., clear, dry, daylight].

12. The Collision occurred when Driver Defendant [SELECT / DESCRIBE THE MANNER OF COLLISION — e.g., overtook and passed Plaintiff's bicycle without leaving a safe distance of at least three feet and sideswiped or struck Plaintiff ("unsafe pass"); turned right across Plaintiff's path of travel ("right hook"); turned left across the path of Plaintiff's oncoming bicycle ("left cross"); opened a parked vehicle's door into Plaintiff's path ("dooring"); failed to yield the right-of-way at the intersection; followed Plaintiff's bicycle too closely and struck it from the rear; pulled out from a private drive or side street into Plaintiff's path].

13. Although Plaintiff and Plaintiff's bicycle were plainly visible, Driver Defendant "looked but failed to see" Plaintiff, misjudged Plaintiff's speed, position, and distance, and/or failed to keep a proper lookout for bicyclists lawfully sharing the roadway.

14. Plaintiff had the right-of-way and was operating the bicycle in a lawful, prudent, and careful manner at all material times. At no time did Plaintiff do, or fail to do, anything that proximately caused or contributed to the Collision.

15. As a direct and proximate result of the Collision, Plaintiff — an unprotected road user exposed to the full mass and force of a motor vehicle — was thrown from the bicycle and sustained severe, painful, and permanent bodily injuries, including but not limited to [LIST INJURIES — e.g., orthopedic fractures, traumatic brain injury, spinal injury, internal injuries, road rash / degloving, and disfiguring scarring].

16. Because a bicyclist has no enclosure, restraint system, or crumple zone, the forces of the Collision caused Plaintiff to suffer catastrophic injuries materially more severe than those typically sustained by occupants of enclosed vehicles.

17. Plaintiff received emergency care at [HOSPITAL / EMS PROVIDER] and has since undergone [SURGERIES / HOSPITALIZATION / REHABILITATION / ONGOING TREATMENT], and will require future medical care. All injuries and damages alleged were the foreseeable, natural, and probable consequence of Defendants' conduct.

4. COUNT I — NEGLIGENCE (Against Defendant Driver)

18. Plaintiff realleges and incorporates Paragraphs 1 through 17 as if fully set forth herein.

19. Driver Defendant owed Plaintiff a duty to exercise reasonable care in the operation of a motor vehicle, to obey the Tennessee rules of the road, to keep a proper lookout for bicyclists lawfully sharing the roadway, to leave a safe distance of at least three feet when overtaking and passing a bicycle, and to refrain from conduct endangering others.

20. Driver Defendant breached that duty by, among other things:

• Failing to keep a proper and careful lookout for Plaintiff's plainly visible bicycle;
• Overtaking and passing Plaintiff's bicycle without leaving a safe distance of at least three feet, in violation of Tenn. Code Ann. § 55-8-175(c);
• Turning right across the path of Plaintiff's bicycle ("right hook") when it was unsafe to do so;
• Turning left across the path of Plaintiff's oncoming bicycle ("left cross") when it was unsafe to do so;
• Opening, or causing to be opened, a vehicle door into the path of Plaintiff's bicycle when it was unsafe to do so ("dooring");
• Failing to yield the right-of-way to Plaintiff;
• Following Plaintiff's bicycle more closely than was reasonable and prudent;
• Driving at a speed greater than was reasonable and prudent for the conditions;
• Driving while distracted or inattentive; and
• Failing to maintain proper control of the vehicle.

21. Each of the foregoing acts and omissions, separately and in combination, was a direct and proximate cause of the Collision and of Plaintiff's injuries and damages described in Section 8 below.

5. COUNT II — NEGLIGENCE PER SE (Against Defendant Driver)

22. Plaintiff realleges and incorporates Paragraphs 1 through 21 as if fully set forth herein.

23. The Tennessee rules of the road impose specific statutory duties on Driver Defendant for the protection of persons lawfully using the roadway, including bicyclists such as Plaintiff. These include, as applicable to the manner of the Collision:

• Tenn. Code Ann. § 55-8-172 — every person riding a bicycle upon a roadway is granted all of the rights and is subject to all of the duties applicable to the driver of a vehicle, confirming that Plaintiff was a lawful user of the roadway entitled to the protection of the rules of the road;
• Tenn. Code Ann. § 55-8-175(c) — the "Jeff Roth and Brian Brown Bicycle Protection Act of 2007": the operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction, shall leave a safe distance of not less than three feet and shall maintain that clearance until safely past the overtaken bicycle;
• Tenn. Code Ann. § 55-8-141 — a driver intending to turn left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle (including a bicycle) approaching from the opposite direction;
• Tenn. Code Ann. § 55-8-130 — duties of drivers approaching or entering an intersection;
• Tenn. Code Ann. § 55-8-131 — a driver approaching a stop or yield sign shall yield the right-of-way;
• Tenn. Code Ann. § 55-8-135 — a driver entering or crossing a highway from an alley, building, private road, or driveway shall yield to approaching vehicles;
• Tenn. Code Ann. § 55-8-124 — a driver shall not follow another vehicle more closely than is reasonable and prudent; and
• Tenn. Code Ann. § 55-8-152 — a person shall not drive at a speed greater than is reasonable and prudent under the conditions.

24. Plaintiff is within the class of persons the foregoing statutes were enacted to protect, and the Collision is the type of harm those statutes were designed to prevent.

25. Driver Defendant violated [CITE THE SPECIFIC SECTION(S) APPLICABLE], and such violation constitutes negligence per se under Tennessee law and was a direct and proximate cause of Plaintiff's injuries and damages.

6. COUNT III — NEGLIGENT ENTRUSTMENT / VICARIOUS LIABILITY (Against Defendant Owner)

26. Plaintiff realleges and incorporates Paragraphs 1 through 25 as if fully set forth herein.

27. Owner Defendant entrusted the subject vehicle to Driver Defendant when Owner Defendant knew, or in the exercise of reasonable care should have known, that Driver Defendant was an incompetent, inexperienced, reckless, or otherwise unfit driver.

28. Alternatively, at the time of the Collision, Driver Defendant was operating the vehicle as the agent, servant, or employee of Owner Defendant and within the course and scope of that agency or employment, rendering Owner Defendant vicariously liable under the doctrine of respondeat superior.

29. Owner Defendant's negligent entrustment and/or vicarious liability was a direct and proximate cause of Plaintiff's injuries and damages.

7. COMPARATIVE FAULT AND HELMET ALLEGATIONS

30. Modified comparative fault. Under Tennessee law, a plaintiff may recover so long as the plaintiff's fault is less than the combined fault of the defendant(s); recovery is barred only where the plaintiff's fault is 50% or more. McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992).

31. Plaintiff denies any fault. To the extent the trier of fact attributes any fault to Plaintiff, such fault is less than 50% and does not bar recovery; any award shall be reduced only by Plaintiff's proportionate share of fault.

32. Helmet non-use is not a defense. To the extent Defendants assert or imply that Plaintiff's choice regarding helmet use contributed to the Collision or to the severity of Plaintiff's injuries, such assertion is improper. Tennessee requires bicycle helmets only for operators and passengers under sixteen (16) years of age (Tenn. Code Ann. § 55-52-105); an adult cyclist's decision to ride without a helmet does not constitute comparative fault and may not be used to reduce recovery.

8. DAMAGES

33. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered and seeks recovery of the following, all subject to proof at trial:

• Past and future medical expenses — emergency, ambulance, hospital, surgical, diagnostic, rehabilitative, pharmaceutical, and physician care;
• Future medical and life care — anticipated surgeries, therapy, assistive devices, prosthetics, and long-term or attendant care;
• Lost wages and impairment of earning capacity — past lost income and the permanent impairment of Plaintiff's ability to earn;
• Physical pain, suffering, and mental anguish — past and future;
• Permanent physical impairment, disability, and disfigurement, including scarring from road rash and surgical intervention;
• Loss of enjoyment of life;
• Property damage to the bicycle, cycling gear, helmet, electronics, and personal effects, including loss of use and diminution in value; and
• Pre-judgment interest where allowed and post-judgment interest pursuant to Tennessee law, and costs of this action.

34. Punitive damages. To the extent the evidence shows, by clear and convincing evidence, that Driver Defendant acted intentionally, fraudulently, maliciously, or recklessly (e.g., [impairment / extreme speed / aggressive "buzzing" of a cyclist]), Plaintiff seeks punitive damages pursuant to Tenn. Code Ann. § 29-39-104, subject to the statutory standards and cap therein (generally the greater of two times compensatory damages or $500,000, with statutory exceptions; verify current figures).

35. Plaintiff pleads each category of damage separately and in the alternative.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendants as follows:

• A. Compensatory damages, economic and noneconomic, in an amount to be determined by the trier of fact;
• B. Punitive damages as allowed by law, subject to Tenn. Code Ann. § 29-39-104;
• C. Pre-judgment interest where allowed and post-judgment interest as provided by law;
• D. Costs of this action, including discretionary costs; and
• E. Such other and further relief as the Court deems just and proper.

10. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right under the Tennessee Constitution and Rule 38, Tenn. R. Civ. P.

11. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint pursuant to Rule 15, Tenn. R. Civ. P., to add or substitute parties, to assert additional claims (including loss of consortium where applicable), and to conform the pleadings to the evidence as discovery proceeds. Should any Defendant attribute fault to a nonparty under Tenn. Code Ann. § 20-1-119, Plaintiff reserves the right to amend to add such nonparty within the statutory window.

12. SIGNATURE, VERIFICATION, AND SERVICE BLOCKS

Respectfully submitted this [____] day of [MONTH], 20[____].

/s/ [________________________________]

[ATTORNEY NAME] (BPR No. [________])

[LAW FIRM NAME]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY], TN [ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

VERIFICATION (Optional)

STATE OF TENNESSEE

COUNTY OF [COUNTY]

The undersigned, being first duly sworn, deposes and says: I am the Plaintiff in the foregoing Complaint; I have read the Complaint; and the factual allegations are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PLAINTIFF NAME], Plaintiff

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public

My Commission Expires: [_______________]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] I served (or will cause to be served with the summons) a copy of the foregoing COMPLAINT upon the following by [personal service / certified mail pursuant to Rule 4, Tenn. R. Civ. P. / the court's e-filing system]:

[NAME(S) AND ADDRESS(ES) OF DEFENDANT(S) / COUNSEL]

/s/ [________________________________]

[ATTORNEY NAME]

13. TENNESSEE PRACTICE NOTES

• STATUTE OF LIMITATIONS — CLASSIFY AND CALENDAR. Tenn. Code Ann. § 28-3-104(a)(1) generally gives a listed injury-to-the-person action one year after accrual. Determine accrual separately. Subsection (a)(2)'s two-year branch applies only when every stated criminal-charge, timely public-prosecution, injured-person, and prosecuted-defendant condition is met.
• MODIFIED COMPARATIVE FAULT — 50% bar. Under McIntyre v. Balentine (1992), the cyclist recovers only if the cyclist's fault is less than 50% (barred at 50% or more). This is a 50% bar (not the 51% bar used in many states). Keep the cyclist's fault below 50%; preserve crash evidence early.
• SAFE PASSING — three feet (Jeff Roth and Brian Brown Bicycle Protection Act). Tenn. Code Ann. § 55-8-175(c) requires the operator of a motor vehicle, when overtaking and passing a bicycle proceeding in the same direction, to leave a safe distance of not less than three feet and maintain that clearance until safely past the cyclist. A violation is a Class C misdemeanor and supports negligence per se.
• Cyclist rights and duties. Tenn. Code Ann. § 55-8-172 grants a bicyclist all the rights and subjects the bicyclist to all the duties of a vehicle driver. Section 55-8-175(a) requires a slower-than-traffic cyclist to ride as near to the right-hand curb or edge as practicable, subject to enumerated exceptions (overtaking, left turns, avoiding hazards, substandard-width lanes); § 55-8-177 governs lamps and reflectors. Investigate lane position, conspicuity, lighting, and signal phase to rebut a comparative-fault theory.
• HELMET NON-USE GENERALLY NOT COMPARATIVE FAULT. Tennessee's bicycle-helmet mandate (Tenn. Code Ann. § 55-52-105) applies only to operators and passengers under sixteen (16). For an adult cyclist, helmet non-use is generally not comparative fault and should not reduce damages. Move in limine to exclude helmet-non-use evidence and related defense expert opinion. Verify the current evidentiary framework.
• Nonparty fault / § 20-1-119. If a defendant alleges fault of a nonparty, Tenn. Code Ann. § 20-1-119 affords a 90-day window to add the nonparty even if the one-year limitations period has otherwise run — monitor answers for nonparty-fault allegations.
• UM/UIM and hit-and-run. UM/UIM coverage is governed by Tenn. Code Ann. § 56-7-1201 et seq. A cyclist is typically an "insured" under their own (or a resident relative's) auto policy. UM also responds to a hit-and-run / phantom vehicle. Promptly notify and preserve the UM/UIM claim and observe consent-to-settle and subrogation rules.
• Punitive damages. Require clear and convincing evidence of intentional, fraudulent, malicious, or reckless conduct, and are capped under Tenn. Code Ann. § 29-39-104 (generally the greater of two times compensatory damages or $500,000, with statutory exceptions). Plead the predicate conduct expressly.
• Service / commencement. Service is governed by Rule 4, Tenn. R. Civ. P. An action is commenced by filing the complaint; to maintain the original commencement date, process must be issued and served within the time allowed by Rule 3.

14. SOURCES AND REFERENCES

• Tennessee Code (official) — https://www.tn.gov/ (Tennessee Code Annotated)
• Tenn. Code Ann. § 28-3-104 (one-year limitations) — https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/
• McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) (modified comparative fault)
• Tenn. Code Ann. § 55-8-172 (traffic laws apply to bicyclists) — https://law.justia.com/codes/tennessee/title-55/chapter-8/part-1/section-55-8-172/
• Tenn. Code Ann. § 55-8-175 (riding on roadways; three-foot safe passing — Jeff Roth and Brian Brown Bicycle Protection Act) — https://law.justia.com/codes/tennessee/title-55/chapter-8/part-1/section-55-8-175/
• Tenn. Code Ann. § 55-8-141 (turning left), § 55-8-130/-131 (intersection right-of-way), § 55-8-135 (entering highway), § 55-8-124 (following too closely), § 55-8-152 (speed)
• Tenn. Code Ann. § 55-52-105 (child bicycle-helmet requirement — under 16)
• Tenn. Code Ann. § 20-1-119 (nonparty fault — 90-day window)
• Tenn. Code Ann. § 29-39-104 (punitive damages and cap)
• Tenn. Code Ann. § 56-7-1201 et seq. (UM/UIM)
• Tennessee Rules of Civil Procedure (Rules 3, 4, 8, 15, 38)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Tennessee must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.