California Bicycle Accident Brain Injury Attorney
Brain Injuries From Bicycle Accidents
Traumatic brain injuries are one of the catastrophic consequences of thousands of bicycle accidents each year. In the United States, more than half a million bicyclists visit hospital emergency rooms with injuries annually. Of these, one in eight adult bicycle accident injuries involve a traumatic brain injury, and nearly half of all children injured age 14 and under in bicycle accidents suffer a brain injury. About 700 people die annually from bicycle accidents, and about 75% are caused by fatal brain injuries.
Bicycling Accidents and Children’s Brain Injuries
Children between the ages of five and fifteen are most likely to be injured in a bicycle accident. Brain injuries are the most frequent cause of death and disability among infants, children and adolescents. Brain injuries, in a split second, can permanently change a child’s way of life, and ability to talk, see, hear, feel and move. Even mild traumatic brain injuries can cause permanent cognitive deficit.
Brain Injuries from Defectively Manufactured Bicycles
Any malfunctioning or defective bicycle part or accessory could contribute to a serious crash, including helmets, tires, brakes, pedals, toe clips, handlebars and frames. Bicycle manufacturers have an obligation and a duty to design safe products for consumers. Potentially liable parties for defective cycling accident cases include the bicycle retailer, wholesaler, assembler and even the parts manufacturer.
Types of Injury-Resulting Cycling Accidents
Cycling accidents that result in traumatic brain injury can be either collisions or falls. Collisions include crashes with and hits from behind from cars, trucks, motorcyclists, other bicyclists, pedestrians and joggers. Falls include any incident that causes a cyclist to be thrown from their bike. Parallel bar sewer gates, potholes and other roadway defects are especially hazardous to cyclists. Failure to maintain streets and roadways has been a liability issue for numerous state transportation departments, government subdivisions and municipalities.
Bicycle Helmets and Brain Injury Prevention
Wearing a helmet is the single greatest thing a cyclist can do to reduce the likelihood of being killed or suffering of a brain injury occurring in a cycling accident. Consumer Reports reported that 92% of cyclists killed in 2007 bicycle accidents were not wearing a helmet. Similarly, rates of bicycle helmet use are lowest among groups for home head injury rates are highest.
Although helmets do nothing to prevent an accident from occurring, helmets are effective in preventing head injury in many bicycle accidents. Despite this, less than 20% of bicyclists wear helmets all or most of the time. Cyclists choose not to wear helmets for many reasons, including costs, comfort, belief that peers will think less of them or that they are not necessary.
Bicycle Helmet Laws
There is no federal law in the U.S requiring cyclists wear helmets. By state, bicycle helmet state laws vary greatly. States began adopting laws mostly limited to children in 1987. Some cities and counties have adopted laws requiring cyclists of all ages to wear helmets. However, the majority of states still have no adopted any statewide helmet laws. Twenty-eight states still have no state laws requiring cyclists of any age to wear helmets, including Alaska, Arizona, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
Protecting Your Legal Rights
If you or a loved one has suffered a brain injury in a bicycle accident, you may be entitled to substantial compensation for your injuries, time away from work, and injury-related expenses. For more information, or to discuss your situation with an attorney at The Brain Injury Legal Help Center, call (800) 610-1892.