Simply due to the sheer size and weight of a standard motor vehicle, a pedestrian may undoubtedly be left with catastrophic injuries upon a collision with one. But if a bicyclist is speeding fast enough, a pedestrian may still be left with serious damages, sadly. With that being said, please continue reading to learn the bodily injuries commonly associated with a pedestrian-bicyclist accident and how an experienced St. Mary’s County pedestrian accident lawyer at The Dorsey Law Firm can help you better understand your chances at a successful suit.
What injuries are commonly associated with a pedestrian-bicyclist accident?
Pedestrians walk around with little to no protection covering their persons, leaving them vulnerable in the event of a collision with an external force. While bicyclists may wear helmets, elbow pads, knee pads, and more, they may still incur some sort of bodily injury in a crash. Essentially, the severity of such injury may depend, yes, on whether safety gear was being worn, but also on the speed of the bicycle and the point of impact between the bicyclist and the pedestrian. Without further ado, below are the most commonly associated injuries read as follows:
- Concussions and traumatic brain injuries.
- Spinal cord injuries, potentially leading to paralysis.
- Organ damage and internal bleeding, which can be fatal.
- Fractured or broken bones, especially the arms and legs.
- Organ damage and internal bleeding, which can be fatal.
- Soft tissue injuries (i.e., lacerations, bruising, muscle, damage, etc).
- Psychological trauma (i.e., fear of crossing the street or riding a bike again).
Can I sue for injuries if I did not wear a helmet at the time of my pedestrian-bicyclist accident?
A pedestrian may walk away from an accident with more severe bodily injuries than a bicyclist. However, this does not make the bicyclist at fault for the accident event. Rather, a pedestrian may have been very much acting negligently in the moments leading up to the collision. This is all to say that, as a bicyclist, you may hold the legal right to sue a pedestrian.
However, the potential success of your personal injury claim may be threatened if you did not wear a helmet at the time of your pedestrian-bicyclist accident. In the state of Maryland, you may not be required to wear a helmet when riding a bike on public property if you are over the age of 16. Even still, your ability to claim damages, or at least the full amount of your damages, specifically for an incurred head injury may get complicated; because it can be argued that this injury would not have been as serious if you wore a protective helmet.
Overall, though, the defendant (i.e., the pedestrian) likely cannot argue that your failure to wear a helmet is a form of contributory negligence. This is pivotal because Maryland’s contributory negligence standard establishes that even being one percent at fault for your accident event may bar your ability to file a claim and seek recovery from your injuries.
To better understand your legal rights in the matter at hand, please seek the advisement of a sound and skilled St. Mary’s County auto accident lawyer. Please feel confident in knowing that our team at The Dorsey Law Firm has significant experience in handling legal cases just like yours. So call us today.
