Head Injuries in Bike Accidents
Florida does not require adults to wear a helmet while riding a bicycle. When adults do not adopt this safety measure voluntarily, they are more likely to suffer serious head injuries in bike accidents. While helmets provide some measure of protection, they cannot completely prevent a head injury from occurring in a collision, especially one involving a standard-sized vehicle. Many times, bike accidents are caused by a car or truck driver, who negligently failed to take proper care in looking for or respecting the presence of a nearby cyclist. Miami bicycle accident lawyer Robert Dixon helps cyclists seek compensation for the injuries they suffered from those responsible. The Law Offices of Robert Dixon represents victims in Miami-Dade, Broward, and Palm Beach Counties, as well as across South Florida in personal injury suits that arise out of serious bicycle accidents. If you, your child, or another loved one, has suffered a serious head injury as a result of a bicycle accident, please contact us to learn about your legal options and how we can help.
Head Injuries in Bike AccidentsWhile Florida does not require bicyclists who are 16 years old and older to wear helmets, children under the age of 16 must wear helmets when biking to comply with federal safety standards. Even while wearing helmets, bike riders can suffer serious head injuries when involved in an accident. These types of injuries may range in severity, but all require medical attention as well as some time for victims to recover.
One of the most serious head injuries in bike accidents is a traumatic brain injury (TBI). The Insurance Institute for Highway Safety reported that TBI is responsible for approximately 60% of fatalities that occur in emergency rooms after a bicycle accident. These injuries are also responsible for 67% of hospital admissions and over 30% of injuries that occur in a bike accident across the United States. TBI may lead to permanent impairment that can include chronic headaches, changes in cognitive abilities and personality, as well as memory problems and chronic fatigue. Concussions are also common head injuries that occur in a bicycle accident, as are contusions or bruises of the brain. Head and facial lacerations or penetrating head injuries are also possible in these types of incidents. Seeking prompt medical treatment is vital to diagnosing and treating a head injury following a bicycle accident. Additionally, when these injuries are caused by another’s negligent acts, you may need to retain an attorney to help recover the costs of expensive medical treatment.
Negligence in Bike Accident CasesA motorist’s negligence may be the cause of a bicycle accident and the related injuries to the cyclist. Negligence is the basis for a personal injury suit and requires the plaintiff to show that the defendant breached an owed duty of reasonable care to the victim, causing that victim’s injuries, and resulting in damages. For example, a driver who fails to leave enough room for a bicyclist when passing or who enters a bike lane to turn without looking for adjacent cyclists may be found negligent if such acts caused an accident. Of course, bicyclists are responsible for keeping themselves reasonably safe and could be found partially negligent in causing their own injury. However, under Florida’s “pure comparative fault” scheme of negligence, damages to an injured victim are awarded in proportion to each party’s degree of liability. Therefore, a bicycle found 40% negligent remains eligible to receive 60% of the total damages incurred. Compensation in these cases include past and future medical costs, loss of income or earning capacity, as well as pain and suffering damages depending on the situation.
Consult with a Bicycle Accident Lawyer in MiamiBicycle accident victims who suffer a head injury face expensive medical treatment and the potential for a permanent impairment. When another’s negligence causes this type of harm, those responsible should bear the burden of those financial costs. Attorney Robert Dixon helps clients in Miami, West Palm Beach and Miami pursue seek compensation for serious injuries caused by others. If you have questions regarding your legal rights and options following a serious bicycle accident, please call the Law Offices of Robert Dixon at (877) 499-4878 or contact us online to schedule a free, no obligation consultation.