Paceline Law Bicycle Injury Lawyer helps people that have been injured in bicycle accidents in northern California. Being in a bicycle accident means any number of injuries, but not every injury is the same. Some, like traumatic brain injuries (TBIs), are much more serious. Even if you wear a helmet, a bicycle accident can easily leave you and your family facing a TBI and its other hardships. My firm can give you the legal help and support you need to recover. Contact us today for a free consultation to learn more.
Do You Need a Lawyer After a TBI?
You might not always need a lawyer after a bicycle accident, but if you’ve suffered a traumatic brain injury (TBI), the situation definitely changes. TBIs bring huge physical and financial challenges, making legal support extremely important. In these cases, having a lawyer can help you get the resources and financial support you need for your recovery–while also handling the complications that often come with a TBI.
My experienced team can help you through this process by:
- Figuring out who’s at fault
- Collecting medical records
- Rebuilding what happened in the accident
- Working with medical and accident experts
- Talking to insurance companies for you
- Managing the claims process
Above all, we want to make things a bit easier for you and your family. With a TBI, healing can be a lengthy, challenging journey–having a lawyer can help you manage the process and protect your rights.
Who’s Liable in a Bicycle Accident That Leaves You With a TBI?
For as life-changing as a TBI is after a bicycle accident, figuring out who has to pay for your “damages” isn’t any different than any other accident–it comes down to negligence. In that regard, every bicycle accident is the same. Negligence just means that someone had a duty to act responsibly to keep you and others safe, but they failed to do that. This, in turn, caused the accident that left you with a TBI.
From that point, it’s going to come down to what actually happened with the accident. Any number of negligent actions can cause a bicycle accident, but paying for damages usually ends up involving:
- Drivers – Drivers who speed, drink and drive, or ignore traffic signals create big dangers for bicyclists. These risky behaviors make accidents more likely and can lead to serious injuries like traumatic brain injuries (TBIs). If a driver’s actions caused your accident, they might be responsible for covering your damages.
- Bicycle makers – Sometimes, an accident happens because the bike or its parts are faulty. Problems like weak brakes, bad frames, or poor-quality helmets can fail when you need them most, causing or worsening injuries. When this happens, the manufacturer or seller of the product could be held liable.
- Local governments – Bumpy roads, potholes, and missing or unclear signs can be especially dangerous for bicyclists. If the city or state responsible for maintaining the roads or putting up signs hasn’t done their job, and this contributed to your accident, they may be liable for your injuries.
- Other cyclists or pedestrians – Other bicyclists and pedestrians need to act responsibly, too. If another cyclist cuts you off or a pedestrian steps into the bike lane without warning, their actions can cause accidents. In these cases, the person at fault could be held responsible.
While proving fault is important to know who should pay for your damages, it doesn’t automatically tell you how much you could recover. So, you’ll need to take steps like collecting evidence, documenting your medical care, and showing how the TBI affects your life. These steps will help strengthen your case and make sure you get the support you need.
What Claims Options Do You Have After a Bicycle Accident With a TBI?
Whether you have a TBI or not, the steps in the legal process after a bicycle accident are generally the same. When there’s negligence involved, it gives you the legal right to file a claim to recover “damages.”
If you’ve suffered a TBI, these details become especially important. An insurance claim may offer a faster settlement, but it’s usually not enough to cover all your expenses. In that case, filing a lawsuit might be a better option. A lawsuit can provide more financial support for damages, but it also requires more time and commitment.
Our team is ready to support you with whichever path you choose and can help you recover things like:
- Medical expenses
- Ongoing care needs
- Lost income and reduced future earning potential
- Repair or replacement costs for your bike and other property
- Pain, suffering, and emotional distress
- Reduced quality of life and impact on personal relationships
- Wrongful death expenses, if the accident is fatal or eventually becomes fatal
With any TBI, damages are important for helping you recover and can really support you and your family during a tough time. Remember, you still have just two years from the date of the accident to file your claim, so acting quickly and taking steps to make your claim stronger can really help. But again, a TBI is a much different type of injury, so it’s essential to know what you or someone you care about could be dealing with.
Why is a TBI After a Bicycle Accident So Difficult to Deal With?
Obviously, you never want to suffer a TBI in any accident. Yet, bicycle accidents are among the most common when it comes to TBIs, and it’s not all that difficult to see why. TBIs are serious because of the brain’s delicate structure. Even a mild TBI can have life-changing effects, TBIs happen when external physical forces–like impacts common in bicycle accidents–damage the brain.
Basically, there’s no quick solution for TBIs. It’s hard to even diagnose and treat TBIs, let alone understand its full impact on you and your loved ones as you go through the claims process.
All of this makes them among the most difficult injuries you and anyone else in your support system will have to deal with. Specifically though, a TBI after a bicycle accident often means:
- Variety of symptoms – According to the Mayo Clinic, TBIs can cause many different symptoms, like headaches, memory loss, trouble concentrating, and mood changes. These symptoms make your everyday life difficult and unpredictable.
- Long, winding recoveries – Recovering from a TBI can take a long time and often requires ongoing medical care and therapy. This lengthy process can be frustrating and tiring for both you and your family.
- Medical bills – Treating a TBI can be expensive, with costs for hospital stays, surgeries, therapy, and medications. This financial strain can add more stress on you during an already tough time.
- Impact on your daily life – A TBI can make it hard to work, enjoy social activities, or manage daily tasks. This can lead to emotional challenges, like feelings of loneliness and an overall anxiety.
Coping with a TBI can feel overwhelming, especially with complicated medical and insurance processes. However, with a solid treatment plan and reliable legal support from our team, recovery and progress are within your reach.
Legal Help After a TBI in a California Bicycle Accident
At Paceline Law Bicycle Injury Lawyer, we know how much a serious injury like a TBI can change your life. No matter how careful you are on your bike, you’re unfortunately always at risk of these injuries. When it happens, you can rely on our team for legal help. Don’t face the fallout alone–contact us today to set up a free consultation to talk about your legal options if you’ve suffered a TBI in a California bicycle accident.
