If the car in this case had not been traveling so close to the cyclist, the man would not have suffered traumatic brain injury.
â€œThe cyclist in this reported case was severely injured by a car turning into a school driveway. The driver did not look where he was going, and as a result of this accident, the cyclist was deemed incompetent to provide instructions to his legal counsel, and did not have the capacity to understand any of the court proceedings. He sustained severe trauma to his head,â€ said Robert Webb, an Atlanta personal injury lawyer with Webb & Dâ€™Orazio, a law firm specializing in personal injury, malpractice, criminal defense, and business law.
The man on the bicycle was hit so hard he was tossed up over the carâ€™s windshield, landing on the pavement of the driverâ€™s side of the car. The impact was so severe that he sustained not only a life-altering debilitating brain injury, but multiple facial fractures. The driver of the car claims he was not negligent, but that the cyclist was, and that if the man did suffer any injuries, they were caused by his own negligence.
â€œThe cyclist was a chartered accountant and senior partner at a local firm in the city where he lived with his wife, and was wearing a safety helmet at the time of the accident. A Grand Am heading east drove right in front of the man, causing the carâ€™s right front fender to hit the bike. The impact threw the cyclist into the car and propelled him over the car,â€ Webb said.
The police report of this accident indicated that the roads were clear and dry, that it was sunny out and the collision happened at the white line marking on the shoulder of the road. The subsequent lawsuit stated the driver of the car was not driving with due care and attention, failed to yield the right-of-way to the bike before making a sharp left hand turn, failed to try and avoid contact with the bicycle and was not paying attention to what he was doing or where he was going.
â€œAt trial, the wife will seek damages that will include compensation for medical expenses for the rest of the manâ€™s life, lost income, loss of consortium and companionship, therapy, pain and suffering, scarring and other expenses related to the accident,â€ Webb said.
Cases like this are usually dramatic, in the sense that the defense will try and diminish the seriousness of the accident and shift blame to the plaintiff. For instance, the defense counsel in this case stated the man was not wearing adequate head protection, that his ability to ride a bike was impaired and that there was poor visibility.
â€œObviously, the police report and weather conditions on that day will play a large part in determining this case, as will the debate over what constitutes adequate head protection. The impairment issue will also likely be discussed at some length, and the defense will try to indicate the manâ€™s mental problems were pre-existing,â€ Webb said.
Given the fact that the cyclist was deemed to be fit and healthy prior to the accident and then spent three months in a rehab center before being placed into a home for the brain injured, the defense is going to be hard pressed to prove their case. â€œWill the plaintiff win this case? Likely. The jury will have plenty of evidence to suggest the man was normal prior to this accident and as a result of this collision, his whole life was turned upside down and he will require care for the rest of his life,â€ Webb said.
To learn more, visit http://www.webbdorazio.com.