Suffering a brain injury in a bicycle accident can lead to devastating physical harm, hundreds of thousands of dollars in medical care, and lifelong trauma. While the use of bicycles is on the rise throughout Dallas, riders continue to be struck and injured by careless or reckless drivers. Seeking legal assistance after an accident is the first step to securing compensation from a motorist that caused a crash. If you or someone you love has suffered a brain injury in a bicycle collision, a successful legal claim may help alleviate financial stress due to mounting medical bills, anticipated costs of future care, and other related costs.
The severity of Brain Injury and Importance of Medical Documentation
Due to the exposed nature of a bicyclist, they tend to suffer catastrophic injuries when struck by a motorist. The severity of injury plays a role in the amount of potential compensation recovered. In other words, the more catastrophic the harm, typically the larger the damages award. Medical assessment and documentation is a critical component of a strong personal injury claim. Injured riders are encouraged to seek medical assessment because injuries may not be immediately apparent.
The consequences of a brain injury may include:
- Inability to return to work
- Long term permanent disability due to extent of brain injury
- Missed wages from work due to time away during recovery
Brain injuries range from a minor concussion to serious traumatic brain injury (TBI) and potentially lead to tragic consequences. traumatic brain injuries can be caused by bumps to the head, such as striking the sidewalk after being struck by a car. While concussions are the most common type of brain injury and are medically termed “mild,” they may result in permanent disability. A concussion results when an impact on your head causes movement inside your skull. This impact can occur when a bicyclist hits the pavement or collides with a vehicle.
Securing Compensation for Brain Injuries in a Bicycle Collision Lawsuit
According to the Centers for Disease Control and Prevention, there has been a recent decrease in emergency department visits for bicycle-related TBIs. Improvements such as increased awareness among parents and interventions by states and local communities have helped. However, this study does indicate that bicycle helmets don’t prevent a concussion. A speeding driver can cause serious harm even when a bicyclist abides by the rules of the roads and wears a safety helmet.
After establishing that a motorist caused the accident, the type of compensation that may be recovered in a successful injury claim includes:
- Emotional suffering and anguish damages
- Lost wages from missed work
- Hospital bills
- Physical therapy costs
- Property damage to a bicycle
- Medical equipment such as crutches, bandages, transportation aides
- Scarring or permanent disability
- Loss of enjoyment of life damages
- Potential punitive damages
Future damages are often calculated by assessing the long-term limitations of a brain injury. For many people, this can include loss of vocational ability and ongoing medical treatment. Necessary home modifications may also be included in a damages calculation. For example, if you require a wheelchair, you may recover costs to renovate your house.
Professional testimony strengthens a claim for future costs. Medical doctors, physical therapists, and vocational experts can attest to the severity of the injury and expected treatment.
How Can A Dallas Bicycle Accident Attorney Help
Unfortunately, bicyclists continue to be knocked down by careless motorists, suffering brain injury and other serious harm. A Dallas bicycle collision lawyer can diligently represent your right to compensation for expenses you have incurred as well as future, expected costs. The Law Office of Julie Johnson, PLLC is committed to maximizing recovery for clients. Reach out to our office for a free consultation by clicking here or by calling 214-290-8001.
Every road user — motorist, pedestrian, and cyclist alike — need to know (and obey) the rules of the road. If you do not know the Texas bicycle laws, you may put yourself at risk of injury on the road, as well as for receiving a citation or fine for violations. Below are a few important traffic laws that pertain to cyclists in Texas.
When a product like a defective bicycle causes an injury to a consumer, the consumer may have a cause of action against the manufacturer if they can prove the injury would not have been sustained but for the product. Therefore, when a person is injured in a bicycle accident caused by a malfunctioning part, the bicycle’s manufacturer may be liable under product liability laws.