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3 FAQs About Bicycle Accident Brain Injury Claims

October 15, 2019

by Donaldson & Weston

personal injury lawyer

If you had to guess which sport contributed to the most head injuries annually, what would you say? While you might assume that a contact sport like football, boxing, or hockey causes the most recreation-related traumatic brain injuries (TBIs), the reality is that cycling is the primary culprit.

In 2009 alone, bicycle accidents were responsible for an estimated 85,000 head injuries treated in emergency rooms around the country. And in 2010, more than 26,000 adolescents and children suffered traumatic brain injuries in bicycle crashes.

In other words, those who bike to work, school, or just for fun are at considerable risk of sustaining a TBI. If this has happened to you or a family member, it may be possible to recover monetary damages from the at-fault party by bringing a personal injury claim.

The process of filing such a claim is riddled with legal hurdles. The best way to protect your case is to enlist the help of a skilled attorney who has a track record of success representing clients in your particular position. Your lawyer not only can take over the logistics of your case but can also answer any questions you have about the proceedings.

Below we’ve addressed a few FAQs about bicycle accident brain injury claims:

  1. Can I File a Claim If I Wasn’t Wearing a Helmet at the Time of the Accident?

Florida has relatively lax bicycle helmet laws. For example, there’s no statewide requirement that adults must wear a helmet while cycling. As in most states, however, cyclist under the age of 16 are required to wear a helmet.

Of course, it is wise for adults to wear helmets, as well. Failing to do so not only will increase the risk of serious injury but also could reduce your chances of recovering compensation for 100 percent of your damages in the event of an accident.

Florida follows a pure comparative negligence system, which means a claimant’s final payout is reduced by his or her own percentage of fault. In other words, if your failure to wear a helmet contributed to your injury, you may be held partially liable for the resulting damages.

  1. How Can I Prove the Bicycle Accident Caused My Brain Injury?

Personal injury claims involving TBIs are complex. One reason for this is they tend to involve substantial damages since the victim may incur emergency medical costs, future healthcare expenses, future lost wages, and significant non-economic damages.

As such, insurers tend to devote considerable resources to disputing such claims. They may try to argue that the injury was caused by something else. To counter this defense, your attorney may use the following evidence to prove causation:

  • Medical records;
  • Diagnostic images;
  • Dash cam footage or surveillance recordings of the scene;
  • Photographs of the scene;
  • Eyewitness testimony;
  • Damaged property such as your helmet and bicycle; and
  • Statements from medical specialists and accident reconstruction experts.
  1. What Kinds of Damages Can I Pursue After Sustaining a Brain Injury in a Bicycle Accident?

In the state of Florida, personal injury claimants may seek compensation for:

  • Property damage;
  • Past and future healthcare expenses;
  • Lost income and benefits;
  • Loss of future earnings;
  • Other monetary losses like home care, domestic help, and alternative transportation;
  • Pain and suffering;
  • Emotional distress; and
  • Loss of enjoyment in life.

Discuss Your Case with a Bicycle Accident Attorney in Florida

If you were seriously hurt in a cycling accident that someone else caused, contact Donaldson & Weston to discuss your case. We require no money upfront, and you won’t have to pay any attorney’s fees unless we win. Call 772-266-5555 or fill out our Contact Form to schedule a free consultation with a bicycle accident lawyer in Florida.