Sandusky Bike Crash Brain Injuries: How Insurers Use Helmet Laws Against You
Sandusky bicycle accidents pose a risk to both children and adults. Head injuries often happen as a result, causing symptoms that impact victims and their loved ones for long afterward.
When the driver’s reckless behavior is responsible, you have the right to hold them liable for your damages. However, this means dealing with insurers, who are quick to dispute claims and shift blame, particularly if you weren’t wearing a helmet. Our experienced Sandusky bicycle crash lawyers explain what you need to know about crash-related brain injuries and how insurers use Ohio helmet laws against you.
Sandusky Bicycle Crash Brain Injuries and Your Rights to Compensation
The Ohio Department of Transportation reports that nearly 1,500 bicycle crashes happen throughout the state each year, and Erie County ranks in the top five in terms of risks. In collisions with motor vehicles, bicyclists are vulnerable and can suffer severe harm. One of the biggest hazards is bumps and blows to the head. Even in relatively minor cases, it can cause serious traumatic brain injuries (TBI).
Ohio law does not require most bicyclists to wear helmets, but it is strongly recommended. The Brain Injury Association reports that they can reduce TBI risks by as much as 80 percent. However, brain injuries can still happen in Sandusky bike crashes, regardless of helmet use. These include:
- Concussions, which can cause troubling symptoms for many months after.
- Diffuse axonal injuries, when the brain rotates inside the skull during impact, can cause microscopic damage to nerve fibers, resulting in serious cognitive and behavioral changes.
- Subdural hematomas, where bleeding between the brain and its protective covering builds pressure that can be life-threatening.
- Skull fractures can cause bone fragments to press on or penetrate brain tissue, requiring surgical intervention.
After a Sandusky bike crash, signs of TBI may not be immediately obvious. Look for chronic headaches, dizziness, nausea, personality changes, and difficulty concentrating.
How Insurers Use Comparative Fault To Limit Sandusky TBI Claims
Riding a bike without a helmet is not illegal in Ohio, but insurers can still use it to dispute your rights to compensation under Ohio’s comparative fault rules (Ohio Revised Code Section 2315.33). Here’s what that means for your claim:
- The insurer may claim that not wearing a helmet either caused or contributed to your TBI.
- If they can prove that it was more than 50 percent responsible, they can deny compensation.
- If they can prove that it was even partly to blame, they can assign a percentage and reduce any settlement by that amount.
Other tactics insurers often use to challenge Sandusky bicycle crash claims include claiming you caused the crash, disputing injury severity, or downplaying the amount needed to recover.
Talk To Our Experienced Sandusky Bicycle Crash Lawyers
If you were injured in a bicycle crash in Sandusky and suffered a TBI, contact Murray & Murray and talk to our experienced Ohio bicycle crash lawyers. While you focus on your recovery, we fight to get you the maximum compensation you deserve.
We represent clients throughout Sandusky, Ohio, and the surrounding areas. Request a consultation today.
Sources:
dam.assets.ohio.gov/image/upload/transportation.ohio.gov/walk-bike/Walk.Bike.Ohio.BicyclistSafetyAnalysis.pdf
biausa.org/public-affairs/media/keep-your-brain-safe-while-biking
codes.ohio.gov/ohio-revised-code/section-2315.33