How Can a Lawyer Help After You Suffer a Head Injury in a Bicycle Accident?

January 20, 2025 | By O'Connor Acciani & Levy
How Can a Lawyer Help After You Suffer a Head Injury in a Bicycle Accident?

Imagine being out on a beautiful day, riding your bike as you usually do, when suddenly, your world flips upside down. It only takes a second: a careless driver opening their car door, a vehicle passing too closely, or a slippery patch of road. The next thing you know, you're on the ground, dazed and hurting, and afterward, you realize something isn't quite right. Maybe it's dizziness that doesn't seem to go away or headaches that persist longer than they should. You suffered a head injury. 

In these moments, your life changes, and it can be hard to know what to do next or whom to turn to for help. If you've suffered a head injury in a bicycle accident, the questions start piling up fast. How serious is this injury? Who will pay for my medical care? Should I call a bicycle injury lawyer? It can be overwhelming, and the last thing you need is more uncertainty. 

At O'Connor Acciani & Levy, our goal is simple: to provide clarity and support so you can focus on healing. Our experienced personal injury lawyers understand the complexities of head injury claims from bicycle accidents and are ready to lift the burden off your shoulders, helping you navigate the difficult road ahead. You don't have to do this alone.

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What Is a Head Injury?

Text concept image showing 'Head Injury' with a focus on the brain, skull, and scalp, designed for presentations and reports on head injuries.

Head injuries range from minor bumps to severe traumatic brain injuries (TBIs), and all head injuries should be treated with seriousness. Below are some common types of head injuries and the potential dangers associated with each:

  • Concussion: A form of TBI that can result in headaches, dizziness, confusion, and memory issues. While considered mild, concussions can have lasting effects, especially if not properly treated.
  • Skull Fracture: A break in the skull bone that can lead to complications such as infections, brain damage, or internal bleeding. Skull fractures often require medical intervention to ensure no further complications arise.
  • Intracranial Hemorrhage: Bleeding within the skull, which can be life-threatening if not treated promptly. Types of intracranial hemorrhages include subdural and epidural hematomas, which may cause pressure on the brain, leading to severe neurological issues.
  • Contusion: A bruise on the brain that can lead to swelling or increased intracranial pressure, which may require surgical intervention.
  • Diffuse Axonal Injury (DAI): This involves widespread damage to the brain's white matter, typically resulting from rotational forces during an accident. DAIs can lead to severe brain dysfunction, coma, or permanent disability. 

In a bicycle accident, any impact to the head, whether directly from striking the pavement or indirectly from the force of the collision, can result in significant harm. Each type of head injury has unique symptoms and complications that may not be immediately evident. 

Even if the injury feels mild at first, symptoms can develop over time, leading to more severe consequences if left untreated. That's why seeking immediate medical attention is essential, even if you feel relatively okay after the accident. A proper diagnosis could mean the difference between a quick recovery and long-term complications.

Challenges in Diagnosing Head Injuries

Diagnosing head injuries can be particularly challenging because not all symptoms appear right away. Right after a crash, adrenaline might mask pain, and you may feel capable of continuing with daily activities. Some people brush off symptoms like headaches, dizziness, or nausea, attributing them to the stress of the incident. 

However, these symptoms can indicate something much more serious, such as a concussion or internal bleeding. A traumatic brain injury, for instance, may show delayed symptoms—cognitive impairment, mood changes, or coordination issues can appear days or even weeks later. 

This delayed onset makes it crucial to consult both medical professionals and an experienced personal injury lawyer who understands the nuances of these types of injuries. They can ensure your rights are protected as the full extent of your injuries becomes clear.

How Bicycle Accidents Lead to Head Injuries

Bicycle accidents can happen in various ways, but often, it's a driver who fails to share the road properly. Motorists have a legal responsibility to respect the space of cyclists, but unfortunately, these responsibilities are often ignored, leading to dangerous situations. Common scenarios include:

  • Dooring Incidents: A driver opens their car door without checking for cyclists, leading to a direct collision.
  • Side-Swipe Collisions: Vehicles passing too closely can easily knock a cyclist off balance, leading to falls and head injuries.
  • Failure to Yield: Drivers making left or right turns might fail to yield the right of way to a cyclist, resulting in a crash. 

Bicycles are inherently more vulnerable than cars. With no metal frame surrounding bicyclists to protect them, even a low-speed impact can cause a severe head injury.

Laws for Motorists Around Cyclists in Ohio and Kentucky

Both Ohio and Kentucky have laws that aim to protect cyclists and reduce accidents by setting clear expectations for motorists when sharing the road with them. Unfortunately, not every driver abides by these laws.

Ohio Laws for Motorists Around Cyclists

Bicycle sign in blue color with trees in the background, indicating a bike-friendly area or bike path.
  • Three-Foot Passing Law: In Ohio, motorists are required to maintain a minimum distance of three feet when passing a cyclist. This law is designed to ensure that cyclists have enough space to navigate the road safely and avoid potential collisions.
  • Safe Operation and Lane Positioning: Ohio law treats bicycles as vehicles, meaning cyclists have the same rights and responsibilities as motorists. Cyclists are allowed to use the full lane, especially when it is too narrow for a car and a bike to travel safely side by side. Drivers must respect a cyclist's right to occupy the lane when needed for their safety.
  • Yielding and Turning: Motorists must yield to cyclists when making left or right turns if a cyclist is in the travel lane or approaching from the opposite direction. Failure to yield often results in accidents at intersections, making this law critical for cyclist safety.
  • No Harassment: Ohio law prohibits motorists from driving in a way intended to intimidate, harass, or endanger a cyclist. Any aggressive behavior, such as tailgating or reckless passing, is a violation of state law and can lead to liability if it causes an accident.

Kentucky Laws for Motorists Around Cyclists

  • Duty of Care: Kentucky, similar to Ohio, emphasizes a motorist's duty of care when interacting with cyclists. While Kentucky law does not specify an exact minimum passing distance, it requires drivers to always maintain a safe and reasonable distance from cyclists. This means that motorists must adjust their passing space depending on road conditions to ensure safety.
  • Bicycles as Vehicles: Cyclists in Kentucky are treated as vehicles, and they have the right to use the roadway. Motorists are required to treat cyclists with the same respect they would afford any other vehicle, including yielding when appropriate and avoiding actions that could place cyclists in danger.
  • No Passing Zones: Kentucky law states that if it is unsafe to pass a cyclist (e.g., on narrow roads or during heavy traffic), motorists must wait until it is safe to pass without endangering the cyclist. This ensures that cyclists have sufficient space and that passing occurs under safe conditions. 

These laws establish a framework of negligence that helps protect cyclists. If a driver fails to uphold these standards and causes an accident, they can be held liable for any resulting injuries, including head injuries. For example, a motorist who fails to provide adequate passing space or yield to a cyclist is in violation of the law, and this negligence forms the basis for liability in a personal injury claim

An experienced bicycle accident lawyer can help demonstrate how these laws were violated and build a strong case on your behalf. Detailed investigation and evidence collection can show the court or insurance company the specific ways in which the motorist failed to meet their legal obligations, helping you secure the compensation you deserve. Your attorney will help demonstrate how these laws were violated and build a strong case on your behalf.

The Role of a Lawyer in Head Injury Claims

Medical Evaluations and Evidence Gathering

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One of the first and most challenging aspects of a head injury case is getting the right medical evaluation. Insurance companies may downplay your injuries to reduce their liability, but having an experienced lawyer means you'll have someone on your side who understands how to properly document your injuries. 

We work with medical professionals to ensure you receive thorough evaluations and that your medical records accurately reflect the severity of your condition. 

Gathering evidence after a bicycle accident is also a critical component of a successful claim. A lawyer will gather police reports, witness statements, photos, and medical records to build a comprehensive picture of what happened and the impact it had on your life. This evidence is especially important if the insurance company tries to dispute the extent of your injuries or their responsibility.

Handling Insurance Negotiations

Insurance negotiations can be particularly daunting, especially when you're dealing with a head injury. Insurers are often more focused on minimizing payouts than ensuring accident victims get the care they need. Having an attorney represent you in these negotiations strengthens your standing considerably. 

We know the tactics insurers use to undervalue claims, and we won't let them take advantage of you. Instead, we'll fight for compensation that covers your current and future medical bills, lost wages, pain and suffering, and any other damages you've incurred.

When Litigation Is Necessary

Not all cases can be settled through negotiation. If the insurance company refuses to provide fair compensation, your case may need to go to court. At O'Connor Acciani & Levy, we have the resources and experience to take your case to trial if necessary. Our lawyers are skilled in courtroom advocacy, and we will work tirelessly to ensure your story is heard and that you receive the justice you deserve.

The Importance of Calculating Future Damages for a Head Injury Claim

Damages claim text written on a notepad, placed on an office desk alongside a calculator and a red coin bank. Represents business insurance and personal claims

Head injuries are often progressive, meaning the full extent of the injury may not become apparent until much later. A head injury sustained in a bicycle accident can lead to long-term symptoms, such as chronic headaches, cognitive impairments, or personality changes, which may worsen over time. 

This progressive nature means that when seeking compensation, it is critical to consider not only your current medical expenses but also any future costs that may arise. Future damages can include ongoing medical treatment, rehabilitation, lost earning potential, and even the cost of in-home care if the injury leads to significant disability. 

Calculating these damages requires careful assessment by medical experts who can provide insights into how the injury may evolve. At O'Connor Acciani & Levy, we work with specialists who can help estimate these future costs, ensuring that your claim reflects the real, long-term impact of your head injury. 

Without factoring in future damages, you risk settling for an amount that may only cover your immediate needs, leaving you vulnerable to significant out-of-pocket expenses later. Our goal is to secure compensation that not only helps you recover today but also provides financial stability for whatever challenges the future may hold.

Understanding Negligence and Fault in Ohio and Kentucky

When it comes to filing a personal injury claim, it’s important to work with a bicycle accident attorney who understands negligence laws. Both Ohio and Kentucky use comparative negligence rules but with some differences. 

Ohio follows a modified comparative negligence rule, which means you can still recover damages as long as you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. 

Kentucky, on the other hand, follows a pure comparative negligence rule, allowing you to recover damages even if you are 99% at fault. However, your recovery will be reduced by your level of fault. 

A lawyer from O'Connor Acciani & Levy can help clarify how these rules apply to your case and work to minimize any fault assigned to you.

Statute of Limitations for Bicycle Accident Claims

It's also important to be aware of the time limits for filing a personal injury claim. In Ohio, the statute of limitations for personal injury claims is two years from the date of the accident. Kentucky also has a two-year statute of limitations for filing a claim related to a motor vehicle accident, including bicycle accidents. 

Failure to file within these time frames can prevent you from recovering compensation, which is why it is crucial to reach out to a lawyer as soon as possible.

What Symptoms Should I Look Out for After a Head Injury?

Head injuries can manifest in different ways. Some common symptoms include:

  • Persistent headaches or migraines
  • Dizziness or balance issues
  • Memory problems or confusion
  • Nausea or vomiting
  • Sensitivity to light or sound
  • Changes in mood, such as irritability or anxiety

If you experience any of these symptoms after a bicycle accident, seek medical attention immediately. Even seemingly minor symptoms can indicate a serious condition that requires prompt treatment.

Traumatic brain injuries can sometimes be difficult to diagnose because symptoms may not present immediately. The brain is a complex organ, and even a minor injury can cause delayed cognitive or physical effects. 

The delay can be due to swelling, bleeding, or subtle changes in brain function that only become apparent with time. This is why ongoing medical monitoring is essential after any head injury.

Call O'Connor Acciani & Levy Today

If you or a loved one has suffered a head injury in a bicycle wreck, the best thing you can do is speak with a personal injury lawyer. At O'Connor Acciani & Levy, we're committed to helping accident victims get the compensation they need to move forward with their lives. 

Don't let the insurance company undervalue your claim—let us fight for you. Contact us today for a free consultation and let us take on the burden of dealing with your claim so you can focus on what matters most: your recovery. 

Our attorneys serve clients in central Ohio and Northern Kentucky, with offices in Cincinnati and Columbus, OH, and Covington and Florence, KY. Call our main office in Cincinnati at 513-224-5461, or contact us online to get started.

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