Quirk Accident and Injury Attorneys, APC helps bicycle accident victims in Thousand Oaks. Being in one of these accidents can lead to a range of injuries, but some, like traumatic brain injuries (TBIs), are far more serious. Even if you wear a helmet, a TBI from a bike accident can leave you and your family facing long-term challenges. Our firm is here to provide the legal help and support you need during this difficult time. Contact us today for a free consultation to get started.
Do You Need a Lawyer After a TBI From a Bicycle Accident?
If you’ve been in a bicycle accident in Thousand Oaks and suffered a traumatic brain injury (TBI), you’re going to face serious challenges. Even with a helmet, a TBI can lead to long-term physical, emotional, and financial struggles for you and your family. That’s where having a lawyer becomes crucial. Our lawyers can help you in a variety of ways, including:
- Figuring out who’s responsible for the accident
- Gathering medical records to support your case
- Rebuilding the details of the accident
- Working with experts to strengthen your claim
- Talking to insurance companies for you
- Handling the entire claims process
With a TBI, recovery can be a long and difficult road. Having our lawyers manage the legal side of things gives you peace of mind, so you can focus on healing. We’re here to help you get the support you need.
What Makes a TBI After a Bicycle Accident So Difficult?
A traumatic brain injury (TBI) from a bicycle accident is one of the most challenging injuries to recover from. The brain is fragile, and even a mild TBI can lead to lasting effects. Bicycle accidents often involve impacts that can cause significant brain damage, making TBIs particularly common in these situations.
TBIs are difficult to diagnose and treat, and understanding their full impact on your life is complex. Recovery can be long and frustrating, with many challenges along the way. A TBI after a bicycle accident can lead to:
- Variety of symptoms – TBIs can cause headaches, memory loss, trouble concentrating, and mood changes. These can make everyday life unpredictable and difficult.
- Long recovery – Healing from a TBI can take time and often involves ongoing medical care and therapy. The recovery process can feel never-ending for both you and your loved ones.
- High medical bills – Treating a TBI can be expensive. Hospital stays, surgeries, therapy, and medications can add up quickly, creating financial stress.
- Impact on your daily life – TBIs often make it hard to work, enjoy social activities, or manage daily tasks, leading to emotional challenges like anxiety and loneliness.
Coping with a TBI is overwhelming, but with a solid treatment plan and legal support from our team, recovery can be more manageable.
How Do You Get Damages in a Bicycle Accident Claim With a TBI?
After a bicycle accident, whether you have a TBI or not, you have the legal right to file a claim if there was negligence involved. With a TBI, this becomes even more important. An insurance claim might offer a quicker settlement, but it often won’t cover all your expenses. If that happens, you might need to file a lawsuit. This can help you recover more financial support, but it requires more time and effort.
Our team is here to guide you through whichever option you choose and help you recover damages like:
- Medical expenses
- Ongoing care needs
- Lost income and future earnings
- Repair or replacement of your bike and property
- Pain, suffering, and emotional distress
- Impact on your quality of life and relationships
- Wrongful death expenses if the accident or your TBI leads to death
Damages are crucial in helping you recover from a TBI. You have two years from the date of the accident to file a claim, so acting quickly and strengthening your case is important. A TBI is a serious injury, and knowing your options can make a big difference in your recovery.
Who Pays For Your Damages?
Figuring out who should pay for your damages after a TBI from a bicycle accident comes down to who was negligent. Negligence means someone:
- Failed to act responsibly and caused the accident that led to your injury.
In a bicycle accident, negligence can come from many different sources, given the circumstances. Most of the time, though, it falls on:
- Drivers – Drivers who speed, drive under the influence, or ignore traffic laws can create dangerous situations for cyclists. If a driver’s actions caused your accident, they may be responsible for your damages.
- Parts makers – Faulty bikes or bike parts, like defective brakes or helmets, can lead to accidents or make injuries worse. If this is the case, the maker of the part could be held liable.
- City or state government – Poor road conditions, such as potholes or missing signs, can cause accidents. If the local government failed to maintain the roads properly, they could be held responsible for your injury.
- Others – Other cyclists or pedestrians who act irresponsibly, like cutting you off or stepping into your lane, can cause accidents. In these situations, the person at fault may be held responsible for your injuries.
Proving who’s responsible is important, but it’s not enough to know who’s at fault. You’ll need evidence and documentation of your medical care and how the TBI affects your life to strengthen your case. But there’s also things you can do.
What Can You Do to Strengthen Your Claim After a TBI?
Being in a bicycle accident is difficult enough on its own, but when it results in a TBI, it makes everything harder. At the same time, there’s still things that need to be done to protect and strengthen a potential claim:
- Get medical help right away – As with any accident, focus on your health first. Call 911 for an ambulance. Make sure you’re treated at the scene and see a doctor afterward to confirm your TBI and any other injuries.
- Report the accident to police – At the same time, make sure the 911 dispatcher sends the police to the scene of the crash. This could be the Thousand Oaks Police Department or California Highway Patrol, but they will manage the scene, gather information, and create an official record of the accident.
- Collect evidence – If you’re able, take photos and videos of the scene, your bike, and your injuries. Write down important details about what happened.
- Follow your doctor’s advice – Stick to your treatment plan to make sure you have the best chance at recovery and show you’re serious about getting better.
- Save your paperwork – Save all your medical bills, accident reports, and any letters or emails with insurance companies. These documents will help prove your losses and will show that you’ve tried to handle the situation.
Taking these steps is crucial for your claim, but dealing with a TBI can make it difficult to manage everything. That’s where our team can help you through the process and provide the support you need. There’s also a wealth of resources in the area, from support groups to government programs that can help you and your family outside of the legal process.
Support For TBI Victims After a Thousand Oaks Bicycle Accident
At Quirk Accident and Injury Attorneys, we know how hard it can be to recover from injuries after a bicycle accident. But when you suffer a TBI or other head injury, it’s even more difficult. That’s why we take pride in our approach and ability to give you and your family the legal support and guidance needed for a successful claim. Don’t wait–contact us today for a free consultation to get your recovery process started.