Category: Uncategorized

How Long Do You Have to Go to a Doctor After a Bicycle Accident in Georgia?

Personal Injury Lawyer

A bicycle accident is more likely to cause serious injuries than a collision between two cars. Bicycle riders do not have the protection of airbags and safety harnesses. Most bicycle helmets do not meet the safety standards that apply to motorcycle helmets.

A bicycle rider’s impact with pavement or another vehicle can cause catastrophic head and spinal injuries. Broken bones, joint damage, and facial scarring are common outcomes when cars and trucks crash into bicycle riders.

Road rash, caused by a rider’s flesh scraping against the road, is a painful injury that can be life-threatening if the rash becomes infected. Torn muscles and nerve damage heal in unpredictable ways. Injuries that seem to be minor can cause nagging long-term pain when they are slow to heal.

When Should I See a Doctor after a Bicycle Accident?

Some bicyclists will be transported from the accident scene to a hospital in an ambulance. When a paramedic recommends a visit to the emergency room, an injury victim should always follow that advice.

When an ambulance is not called to the accident scene, bicycle accident victims will need to decide whether and when to see a doctor. Head injuries always deserve medical attention. If a concussion caused a loss of consciousness, a doctor should evaluate the injury immediately. Even when a bicycle rider does not lose consciousness after a blow to the head, the risk of a serious brain injury is too important to overlook.

Concussions can cause bleeding inside the skull, as well as swelling of the brain. Either of those conditions might not produce symptoms until hours after the accident. By the time the accident victim begins to notice a headache, it may be too late to save the victim’s life.

The safest course of action if the crash caused a blow to the head is to visit an emergency room or urgent care physician immediately. If that doctor recommends an examination by a neurologist or follow-up care, make sure to follow that advice.

Any other injury that is causing more than trivial pain should be evaluated by a physician soon after the accident. The fact that you can walk away from a bicycle accident doesn’t mean you don’t need medical care. People can walk with mildly fractured ribs and rotator cuff injuries, but prompt medical attention will help an injury victim avoid activities that will make those conditions worse.

Should I Wait to See If My Injuries from the Bicycle Accident Get Better?

Getting an immediate evaluation and treatment for your injuries is the best way to hasten your recovery. Your doctor is in the best position to advise you whether rest is the best medicine. Muscle and tissue injuries often require physical therapy after a period of rest to encourage a quick recovery.

In addition to maximizing your opportunity to make a full recovery, seeking immediate medical attention is important to your claim for compensation. Drivers who cause bicycle accidents should be held accountable for their negligence. Insurance adjusters, however, look for excuses to avoid paying full compensation. When an injury victim delays treatment, insurance adjusters argue that the bicyclist decided to fake an injury or that the injury was caused by something that happened after the bicycle accident.

Bicycle accident victims also have difficulty obtaining full compensation for injuries if they fail to follow a doctor’s instructions. When a doctor tells an injury victim to see a specialist or attend physical therapy, an insurance adjuster will interpret the bicyclist’s failure to heed that advice as evidence that the injuries were fully healed.

Busy people sometimes neglect to keep appointments with their doctors. Injury victims often stop going to physical therapy because the sessions are painful and time consuming. When they later seek compensation for prolonged pain and suffering, the insurance adjuster might legitimately argue that they made their problem worse by failing to follow treatment recommendations.

Do I Need to Worry About the Statute of Limitations for Personal Injury?

Victims of bicycle accidents in Georgia must usually settle their claims or file a lawsuit within two years of the accident date. Accident victims generally lose their right to collect compensation for injuries if they do not start a lawsuit within two years. That time period may be extended, however, if the bicycle rider was a minor when the accident occurred.

A bicycle injury victim should nevertheless see a doctor well before the time comes to file a lawsuit. Many claims settle without filing suit, but a lawyer cannot settle an injury claim without understanding the full extent of the victim’s injuries, including the likelihood that an injury will cause a permanent impairment or lasting pain.

Seeing a doctor at the earliest opportunity and following up with care the doctor recommends is the best way to assure that an injury claim will settle for its full value. If it does become necessary to file a lawsuit, the victim’s bicycle accident lawyer in Georgia will want to have all the medical records in hand so that the lawsuit can be filed with full knowledge of the victim’s injuries.

Thanks to the Butler Law Firm for their insight into personal injury claims and bicycle accidents.

May 24, 2019

Two Bicyclists Killed in Deadly LA Auto Accident

Car Accident Lawyer

Seven people were hurt and two people killed by a driver on March 2 in New Orleans, Louisiana, reports the Mid-City Messenger (http://midcitymessenger.com/2019/03/02/nopd-investigating-deaths-on-esplanade-avenue/).

The deadly incident happened on Esplanade Avenue close to Ponce de Leon Street at around 8:00 pm. The site of the accident was a busy area in the city that forms part of the route for Endymion, a famous parade held during Mardi Gras. The driver, 32-year-old Tashonty Toney, fled the scene after the accident but was quickly caught by the New Orleans Police.

According to police, all nine people in the group were bicyclists involved in the state’s environmental justice movements. Toney crashed his Camaro through their bike lane, hit five parked cars and ended up on the pavement. He was going so fast that he pinned one of the bicyclists against a parked vehicle, law enforcement officials believe. Emergency responders pronounced two of the victims dead at the scene, and another three victims suffered serious injuries and were rushed to a nearby hospital.

At least one witness described the driver as “blind drunk,” and Toney admitted he had a problem to police at the scene shortly after he was found. He was allegedly so intoxicated that he passed out from trying to flee the police on foot after the accident and had to be revived once he was located. A group of witnesses say he asked if he had killed anyone and then told them to call his father, who is an officer with the New Orleans Police force.

Toney refused to take a blood test on the scene, but police were able to get a warrant for alcohol and drug testing and say they could smell the alcohol on his breath.

Toney was charged with vehicular negligent injury and homicide, reckless vehicle operation and leaving the scene of a fatal accident. He did not speak at a recent hearing, at which his bond was set at just over $500,000.

This is not the first traffic accident along the famous parade route. In 2017, a drunk and speeding driver hit 28 people on Orleans Avenue right after the Endymion Parade. All 28 people in that case were hurt, but none of the injuries were life-threatening.

The investigation into this deadly crash is still ongoing, so police are asking anyone who may have any information regarding the incident to contact them.

Despite all the nationwide attention on the dangers of drunk driving and the tragic results it can have, people still do it everyday across the nation. In this tragic incident in Louisiana, the dangers that bicyclists face on the road from drivers is also apparent. Bicyclists have far less rider protection than drivers in vehicles do, so auto-bicycle accidents tend to have more serious consequences for the victim on the bike than anyone else.

If you were injured in a bike accident, you may be entitled to compensation for your losses and injuries. Contact an experienced bicycle accident lawyer Denver, CO offers about your case to protect your rights.

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and bicycle accidents.

May 23, 2019

Defense Strategies for Assault Accusations

Personal Injury Lawyer

Assault is when a person intentionally threatens or directly inflicts harm against you. Anyone who was arrested and is now awaiting trial over an assault arrest, can rely on the experience of an attorney for protection. Depending on the situation you were in, we can choose a defense strategy that is most appropriate in hopes of at least decreasing your charges if innocence isn’t possible.

Insufficient Evidence

An assault charge may be dismissed if the prosecution has insufficient evidence. For instance, perhaps there was no witnesses and the supposed victim didn’t sustain any visible injuries. Without tangible evidence or witness statements, it can be difficult for the prosecution to supply enough reason for the court to convict the accused.

Consent

During assault cases, many people assume that the supposed victim had not consented to the physical interaction. Consent can be a useful defense if the victim voluntarily engaged in the situation where he or she knew assault may occur. If assault charges are brought against a person who was playing in a sport, these charges are often dropped because the other player had willingly chosen to participate with a full understanding of the risks.

Lack of Proof for Intent

There must be direct evidence that the accused had intent to harm another, and that he or she did in fact commit each aspect of the crime. Failure to prove that a physical act occurred and/or caused reasonable fear to the victim may result in a dismissal of charges. With help from an attorney, the accused can fight against the charge by claiming there is a lack of proper evidence to convict.

Defending Oneself and/or Property

Every person has the right to defend themselves, their home, and/or their loved ones. But, this doesn’t mean you can inflict harm to any degree against someone who has assaulted you. If someone attacked you or a family member, you are permitted to defend through physical actions if needed. However, if you go beyond what is deemed “reasonable force” you may be faced with an assault charge.

Provocation

An attorney may suggest using the provocation defense if there is little chance of you walking away with a dismissed charge. Provocation can help lessen the accused’s sentence. For example, the charge may be decreased if it can be shown that intense provocation was an element of the interaction, which led to the accused reacting physically against the instigator.

Insanity

While insanity is usually a defense option for most accusations, it shouldn’t be used lightly. Claiming that you were insane at the time of the crime and/or during trial can be challenging to present in court. You may need testimonies from your treating therapist or psychiatrist to support insanity claims. Even if your insanity defense is successful, you may have to enter a mental hospital.

Assault is considered a violent crime, and may result in overly harsh punishments by the court. A personal injury lawyer in Minneapolis, Minnesota can advocate for your behalf and can push for a plea deal if being dismissed of charges isn’t possible. Please call today so an attorney can get started.

Thanks to Johnston | Martineau, PLLP for their insight into personal injury and assault injuries.

May 22, 2019