bicycle accident with rider's helmet knocked off

Tennessee Personal Injury Lawyers Explain How They Can Help Bicycle Accident Victims With TBI

Bicycle accidents can result in traumatic brain injury (TBI) and lead to severe financial consequences for victims. A person with this type of injury may feel overwhelmed with their physical and mental rehabilitation, not to mention expensive medical bills and other losses. If you’re looking for a way to assist a loved one who is facing this situation in Nashville, our experienced bicycle accident lawyers can help.

An experienced personal injury lawyer can be your loved one’s strongest ally in dealing with the complex medical and legal challenges after being injured in a cycling accident they didn’t cause. The talented legal team at GriffithLaw will fight tirelessly to advocate for the justice and compensation they deserve so they can begin their path to recovery. 

Medical Attention and Legal Representation Are Critical After a Bicycle Accident

Seeking medical attention is the first order of business after a bicycle accident. It’s important to urge a loved one involved in this type of incident to go to the hospital, even if they don’t think they have been seriously injured. The first signs of brain injury may not be immediately apparent following a bicycle accident, so it’s important to avoid taking chances.

In many cases, the victim may have suffered a concussion or other type of TBI and not even realize they are seriously injured. This is why it is crucial for injured cyclists to seek emergency medical care right away. Early detection of traumatic brain injuries can dramatically improve outcomes, so pointing your loved one in the direction of medical care is an important first step you can take to support them.

It is also vital to contact a lawyer as soon as possible after a bicycle accident, especially one resulting in a traumatic brain injury (TBI). Helping your loved one secure legal counsel is an important way you can help them start the process of recovering damages for injuries they may have suffered. The sooner they are able to secure legal counsel, the better situated they will be to receive a fair settlement for the injuries they suffered in a bike accident they didn’t cause, and the sooner they’ll be able to focus on the hard work of seeking to reclaim the life they had before the accident. 

Symptoms and Dangers of Traumatic Brain Injuries

Brain injury symptoms range from mild to severe and, in some cases, may even result in death. Open skull fractures may seem to pose the more obvious risk, but closed head injuries can be equally dangerous. A person may even suffer TBI without a direct blow to the head, as the jarring action when a bicyclist is struck by a car can cause their brain to crash and rattle into the inside of their skull. Common TBI symptoms include:

  • Difficulty concentrating
  • Memory problems
  • Challenges with speech and language comprehension
  • Issues with posture, coordination, and movement
  • Vision problems, including blurry vision, double vision, and reduced depth perception
  • Other sensory problems involving touch, smell, taste, or hearing
  • Severe chronic headaches or migraines
  • Nausea and vomiting
  • Dizziness and vertigo
  • Poor bladder and bowel control
  • Personality and emotional changes, including poor impulse control and depression
  • Sleep interruptions
  • Seizures
  • Unconsciousness, coma, or death

Potential Damages Your Loved One May Claim

Victims who’ve suffered TBI as a direct result of a bicycle accident with a car or truck when they were not at fault have the legal right to pursue compensation for their injuries and losses. Examples of personal injury damages that may be applicable for injuries sustained in a bicycle accident include:

  • Past and current medical bills arising from the injury
  • Anticipated future medical expenses, including long-term rehabilitation costs
  • Lost wages and reduced future earning potential
  • Permanent disability or disfigurement
  • Loss of enjoyment or quality of life
  • Physical pain and suffering
  • Mental or emotional anguish
  • Property damage

Tennessee law also allows claimants to seek punitive damages in some cases. TN Code § 29-39-104 (2021) states that punitive damages may be applicable when liable parties “acted maliciously, intentionally, fraudulently, or recklessly.”

How Our Nashville Personal Injury Attorneys Can Help

After suffering TBI as the result of a bicycle accident, victims can benefit from hiring an experienced personal injury lawyer to represent their interests. Services provided by the experienced bicycle accident attorneys at GriffithLaw include: 

Assessing and Explaining Your Legal Options

Following a free case evaluation, our personal injury lawyers can assess the claim's viability and discuss what legal recourse your loved one may have available. The standard statute of limitations for personal injury cases in Tennessee is one year, so it’s vital to act quickly.

Proving the Other Party Is Liable for Damages

Proving liability in a bicycle accident case is similar to how liability is determined in a car accident. Your loved one’s attorney will collect evidence to develop a sound legal strategy. Evidence may include expert testimony, eyewitness accounts, photos and videos, physical evidence, and medical records. Our personal injury lawyers can start gathering evidence and documenting losses right away.

Guiding You Through the Legal Process

The recovery process after a brain injury can take weeks, months, or even years. Your loved one’s lawyer will be by their side every step of the way, informing them of any progress. This may start with filing insurance claims and sending demand letters but could lead to court dates and litigation.

Communicating With Insurers and Defense Attorneys

Insurance companies are in the business of minimizing their liability. Their adjusters and defense attorneys may try tricks like arguing that they aren’t responsible for damages because your loved one didn’t wear a helmet. However, in Tennessee, though, only riders under 16 are required to wear a helmet. Cyclists have the same rights to ride on the road as passenger vehicles. Our lawyers can speak on your loved one's behalf and fight to protect their legal rights. 

Leveraging Comparative Negligence

Even if the other party demonstrates that your loved one was partly responsible for causing the accident, we will still fight for their right to receive compensation to which they are entitled. The state of Tennessee observes the doctrine of modified comparative negligence, which means that a victim who is less than 50 percent liable can receive partial damages from the other at-fault party. The settlement amount is simply reduced by the percentage of fault.

Advocating for Maximum Compensation

Even if they admit fault, insurance companies always offer the lowest settlement amount they think the victim will accept. Our personal injury attorneys recognize the long-term effects of TBI and will advocate for the full and fair compensation your loved one deserves.