Tennessee Injury Law Center
Middle Tennessee public and private schools are now back in full swing for the new school year. That means students biking and walking to school as well as children boarding and exiting school buses. Drivers have special obligations towards pedestrians, bikers and around school buses. Would you receive a passing grade if quizzed on these rules?
Bicyclists
Let’s start with bikers. Car accidents involving bicyclists are on the rise. For the most recent data year, these types of bike accidents were the highest on record with nearly 1,100 bicyclists dying in accidents with cars and other types of motor vehicles. Under Tennessee law, bicyclists have the same rights as motorists. A motorist who is passing a bicyclist must maintain a minimum of 3 feet of clearance until the motorist has completely passed the bicyclist. Of course, if possible, please give bikers even more room than 3 feet. Bikes are more vulnerable to potholes, gravel, uneven pavement, etc., and any of those things can possibly cause the bicyclist to deviate off the expected path. If a motorist does not leave enough space for the bicyclist, they are often forced to ride in loose gravel, over a storm grate, etc. thereby making an accident more likely. It is simple: by allowing proper and even extra leeway, a tragedy can be avoided. Finally, if the roadway conditions do not allow enough room for a motorist to pass while still maintaining safe roadway space for the bicyclist, then the bicyclist does have the right to occupy the entire lane.
Pedestrians
Pedestrian accidents continue to plague Tennessee roadways with the numbers increasing. So far in Tennessee for 2024, there have been 378 pedestrian accidents. Tennessee law imposes on all motorists a general duty to avoid collisions with pedestrians. Then, of course, there are more specific rules such as motorists must yield to pedestrians in a crosswalk. And, did you know that every intersection in Tennessee has a crosswalk? It is one of two types: marked or unmarked crosswalks. A marked crosswalk actually has the lines painted on the roadway, but whether it is a marked or unmarked crosswalk, motorists must yield to any pedestrians.
Another specific rule for pedestrian safety and one that is especially important in school zones is that it is against the law for a driver to pass or overtake a vehicle stopped at a crosswalk for the very simple reason that a pedestrian may be, and most likely is if the vehicle is stopped, passing in front of that vehicle and could suddenly appear in the path of the overtaking vehicle.
Buses
Drivers traveling in either direction (behind or meeting) must stop when a school bus stops for the purpose of loading or unloading children. Drivers must remain stopped until the school bus driver turns off the visual signals or manually signals to drivers that they may proceed. The only exception to this rule is for divided highways. The failure to stop can result in a fine of $250 to $1,000. Moreover, Tennessee law now permits the installation of cameras for the purpose of recording individuals who do not stop as required by law. Any fines collected as a result of the recordings go the benefit of the school district.
We hope you received a passing grade on these Tennessee rules of the road. Be safe out there. Slow down. Put your phone down. (It is against the law in Tennessee to hold your phone while driving.) Be vigilant and watch out for children walking and biking to and from school as well as those getting on and off the school bus. And, as always, if you need us, we are here to help.