The first thoughts you have immediately after a bicycle crash are usually about your own well-being and whether you are safe. As the adrenaline from the event wears off and you’re forced to address the aftermath, especially when there’s an injury like a concussion, you may find yourself thinking about whether a lawsuit might be in the cards.
Concussions, which are classified as mild traumatic brain injuries (mTBIs), can sometimes be complex cases, can require extended health care, and can cause the person experiencing the injury to miss out on work and income opportunities. For these reasons and more, it may be worth considering taking legal action for a concussion resulting from a crash.
The staff at Bay Area Bicycle Law works exclusively on personal injury cases involving cyclists. From doorings – which can have wide-ranging injuries from clavicle fractures to TBI – to negligent drivers in turn lanes, we’ve seen an array of crashes that can cause a concussion and know what it takes to help clients recover financially from a crash.
Beyond the financial piece, Bay Area Bicycle Law believes in holding the party responsible for the injury accountable. Seeking justice for your injury is important.
Concussions and Symptoms
Thousands of cyclists across San Francisco and California are injured each year, and many of them face a concussion, which is a type of TBI that can occurs from a jolt to the head. In cycling cases, this is often because a person hits their head when falling from the bike.
Symptoms of a concussion can vary, but often include:
- Headache
- Balance issues
- Ringing sensation in the ears
- Emotional or mood changes
- A change in sleep habits (sleeping a lot or too little)
- Nausea
- Fatigue
On the surface, some of these symptoms may seem minor, but they can have long lasting consequences. Concussions can cause long-term sleep issues, mood disorders, neurobehavioral issues, and more. This is why it’s important to seek expert care for your injury. Sometimes the initial shock of the crash can mask symptoms of a concussion and symptoms only become apparent or concerning days later.
Scientific researchers are still learning and gaining insightful knowledge about concussions. It’s a rapidly evolving field in health care, so while a concussion may seem minimal, it’s often anything but a simple diagnosis.
Read More: Cycling and Head Injuries: What Is a Traumatic Brain Injury?
Considerations for Suing
In California, you can sue for a concussion in a bicycle accident if you can prove that another person’s negligent or intentional act caused you harm or an injury. Filing such a claim will depend on a few elements.
They include:
- Duty of care: The legal obligation for a party to take reasonable measures to avoid harming others. In cycling cases, this might be that a vehicle driver had a responsibility to follow traffic laws.
- Breach of duty: This means that the defendant — the person at fault — did not uphold the duty and was negligent, causing harm to another person. They may have run a stop sign, hitting a cyclist in an intersection, for example.
- Causation: The breach of duty is the cause of the injury. In this case, it would be that their actions caused your concussion.
- Damages: Actual injuries or losses must occur. Lost income, medical bills, and pain and suffering are examples of damages.
Considering these elements is an important part of deciding whether to file a lawsuit. Bay Area Bicycle Law attorneys and staff work through these questions and deliberations everyday, and they can help you do the same. A free consultation is a great place to start if you’re unsure about your own experience.
What Evidence is Needed?
It’s important to consider the evidence needed to engage in a successful suit. Without evidence, it will be extremely challenging to be successful.
Detailed medical records, witness statements, and police reports will be necessary. Keeping copies of medical bills, receipts, and pay stubs that show a loss in wages will help a case as well.
Plaintiffs should also consider keeping journals that help them keep track of symptoms, feelings, complications, and other parts of their post-crash journey. This can help paint a picture of pain and suffering.
What is Your Case Worth?
No bike crash is identical and so no legal case will be either. A case’s worth will depend on a variety of factors. Thus, it’s extremely difficult to pull an average payout.
When considering compensation in a concussion case, relevant factors may include:
- Medical expenses: From the emergency room visit, to follow-up appointments, to medications, and physical therapy, health care for a concussion can really add up. These medical expenses will end up being a major part of any personal injury lawsuit.
- Missed work and lost earning capacity: If the crash caused you to miss work, a personal injury lawsuit may help regain those lost wages. Additionally, some injuries prevent a person from achieving future earnings. A loss of earning capacity may also have a place in your personal injury lawsuit.
- Pain and suffering: Enduring a bicycle crash can be traumatic, and the emotional and physical pain should not be overlooked. While this is a more complicated and complex calculation than a medical bill, it’s an important consideration following a bicycle crash.
It’s important to keep detailed notes after a crash. Keep notes about the costs you accrue from a concussion or any crashed-related injury, diagnoses from clinicians starting from the time of injury, and ways the crash has affected your daily life.
The Bottom Line
For some, a concussion will result in a week off work for rest and recovery, for others, recuperating will be more consuming. There is no standard recovery with a concussion caused by a bike crash, and so we expect every case to be slightly different with a slightly different outcome.
You may be well positioned to sue for a concussion after a bicycle crash when the person was negligent, it can be proven, and damages occurred as a result of those negligent actions.
Working with a seasoned attorney is the best way to proceed through a complex legal process, especially when there can be so many relevant factors. Most importantly, recovering from a crash, even when injuries are seemingly minor, can be stressful and challenging. Working with an expert who can shoulder some of the more complicated pieces of a personal injury claim helps. Bay Area Bicycle Law staff want to see your recovery be the best it can be.