Maison Law Accident and Injury Lawyers of Modesto helps anyone that’s been hurt in a bicycle accident. When you’re riding a bike, head injuries are a big risk, even with a helmet. These types of injuries can seriously impact your life. Contact us for a free consultation to learn more about your options.
Should You Hire a Lawyer?
You don’t always need a lawyer after a bicycle accident, but when you suffer a head injury, things are much more difficult. While small accidents might not require legal help, head injuries are often serious and need more support. That’s when you need to think about hiring a lawyer.
Our Modesto bicycle accident lawyers and team have a lot of experience with:
- Figuring out who’s responsible
- Collecting medical records
- Reconstructing the accident
- Working with experts
- Negotiating with insurance companies
- Handling the legal process
More than anything else, we want to make things easier for you and your family, giving you the legal support and guidance you need while you focus on getting better. But with a head injury, healing is rarely straightforward.
What Types of Head Injuries Can Happen to You in a Bicycle Accident?
Head injuries after a bicycle accident can vary a lot, and each type can have different symptoms and effects. What’s worse, a head injury can happen even in a minor accident. The tricky part is that head injuries are often hard to diagnose, and develop differently. It usually takes special medical tests and experts to fully understand the severity.
But there’s a commonality of the actual injuries you could be facing, usually involving:
- Traumatic brain injuries (TBIs) – Any head injury has the potential to develop into a TBI, but these happen when your head hits the ground, another hard object, or even from the whiplash of the collision itself. TBIs can lead to long-term problems with memory, thinking, or physical coordination.
- Concussions – Concussions are common in bike accidents, even if you’re wearing a helmet. They happen when your brain gets shaken due to a hard impact. You might not notice symptoms like headaches, dizziness, or confusion right away, so it’s important to see a doctor after any bike accident.
- Skull fractures – A skull fracture occurs when your head hits something hard with enough force to break the bones in your skull. This can happen if you fall or crash into something. Skull fractures can be serious if broken pieces press into your brain.
- Brain bruising – Brain bruising happens when your head takes a strong hit, causing your brain to bruise. This can occur in a bike accident if you hit your head hard. Bruises can cause swelling and pressure in the brain, leading to serious problems.
- Hemorrhages – Hemorrhages happen when blood vessels in the brain burst, causing bleeding inside the skull. This can occur after a strong hit to the head in a bike accident. Hemorrhages can be very dangerous and may cause headaches, nausea, or even loss of consciousness.
- Nerve damage – Nerve damage can happen if you hurt your head or neck in a bike accident. This can affect your ability to move, coordinate, or feel things in your body. Sometimes, nerve damage can lead to long-term problems like paralysis or loss of feeling.
Since these injuries are so serious, it’s crucial to protect both your health and your legal claim. Your recovery can depend on the compensation you receive, and our team will guide you through the legal process to help you get the financial support you’re going to need.
What’s the Legal Process After a Bicycle Accident?
Head injury or not, the legal process after a bicycle accident is always the same. You can file an injury claim, either through the insurance company out of court or through a personal injury lawsuit.
It’s here that your particular complications from your head injury are important. An insurance claim can get you a faster settlement, but it’s probably not going to meet all your financial needs. At that point, you might need to file a lawsuit. At the same time, a lawsuit can get you more in “damages”, but it also takes much more time and effort. Our team is prepared for whatever you choose, and can help make sure you recover your:
- Medical expenses
- Costs for ongoing care
- Lost income or earning potential
- Repair/replacement costs for your bike and other damaged property
- Costs relating to your physical pain, suffering, and emotional distress
- Costs relating to your reduced quality of life and personal relationships
- Wrongful death expenses, if your accident is fatal (or eventually turns fatal)
These damages are important for your recovery and can help you and your family during this tough time. Remember, you need to file your claim within two years of the accident. It’s important to act quickly and also take steps to make your claim stronger. But first, you need to know who has to pay for these damages.
Who Pays For Your Damages?
Just like with any other bicycle accident, some people or groups may be responsible for paying your damages, known as “liability.” In order to fully flesh out this liability, you need to show “negligence.”
Negligence, at least as it relates to a bicycle accident, means showing:
- Someone had a duty of care to act in a way that keeps you and others safe
- They breached that duty by being careless or reckless
- This breach of duty caused the bicycle accident
- The bicycle accident led to your head injuries and other damages
Obviously, this is going to depend on the circumstances of your accident, but in general, liability is going to fall on:
- Drivers who act recklessly, like speeding or driving under the influence
- Companies that produce defective bicycles or faulty equipment
- Local or state agencies that fail to keep roads safe or provide proper signs
- Other bicyclists or even pedestrians who act irresponsibly and cause the accident
Establishing negligence and liability is a key part of the legal process, but it’s not all there is. It tells you who pays for your damages, but it doesn’t necessarily tell you how much you can recover or even what your case is worth. In order to do that, you need to take steps to protect your claim.
How Can You Protect Your Bicycle Accident Claim?
Dealing with a head injury makes everything more complicated. Just managing your daily life can be tough, and thinking about your legal options can feel overwhelming. However, to strengthen your case, it’s crucial to show how the accident has impacted you. Here’s what you can do:
- Get medical help first – Your top priority should be getting medical care. If you can, call 911 for an ambulance so paramedics can help you at the scene. Afterward, make sure to see a doctor or go to urgent care for further treatment.
- Call the police – Call the police or sheriff to report the accident. This is often required and helps clear the area while creating an official report with important details about what happened.
- Collect evidence at the scene – If you’re able, gather evidence at the scene. Take pictures, record videos, and note down important details about the accident to provide a clear account later.
- Keep records of everything – Save all documents related to your injury, such as medical bills, treatment plans, and any communication you have with insurance companies.
These steps are important for any head injury. Make sure to follow your doctor’s treatment plan for a proper recovery. We understand that this process can be challenging, so our team is here to help you and gather this information and present it in an effective way.
Legal Support for Head Injury Victims in Modesto Bicycle Accidents
At Maison Law Accident and Injury Lawyers of Modesto, we’re here to help you with your legal claim and support your recovery after you suffer a head injury in a bicycle accident. We want to make sure you have what you need for a successful claim. Contact us today for a free consultation.