I settled a bicycle accident case today on behalf of one of my clients . The insurance company did their standard tactic of shift the blame to the injured party .While my client was riding his bicycle , he was struck by a car. The insurance company alleged his failure to wear his helmet and not having a light on his bike were factors that created fault on the bicyclist.
Under Tennessee Law , a judge or jury will decide the case on the basis of comparative fault . In deciding a case , a jury must determine the fault if any of each of the parties . If one finds more than one of the parties at fault ,a jury will compare the fault of the parties . To win your case you must show the defendant was at least 51% at fault . Fault is defined as the party that was negligent and that the negligence was a legal cause of the injury .