By Steph Walsh in Bicycle Accidents, Brain Injuries on July 20, 2024
Bicycling is a beloved pastime and a great green mode of transportation for many Hamilton residents. However, accidents can happen in the blink of an eye, and the consequences can be debilitating, particularly when it comes to head injuries. As experienced bicycle accident lawyers in Hamilton, we’ve seen firsthand the life-altering impact of bicycle accidents and the crucial role helmets play in preventing or mitigating head trauma.
The consequences of a serious head injury can be far-reaching, affecting every aspect of a person’s life. Victims may experience cognitive difficulties, memory loss, personality changes, emotional distress, and physical impairments that make it impossible to work or carry out daily activities. In severe cases, a head injury can result in permanent disability, requiring ongoing medical care and support.
Suppose you or a loved one has suffered a head injury in a bicycle accident. In that case, you may be entitled to compensation for your losses and disability benefits to help cover your expenses. However, navigating the legal system and dealing with insurance companies can be overwhelming, especially when you’re trying to recover from a traumatic injury.
That’s where we come in. Our knowledgeable Hamilton bicycle accident lawyers are dedicated to helping bicycle accident victims secure the financial resources they need to rebuild their lives. We understand the complex medical and legal issues involved in head injury claims, and we have a proven track record of success in securing favourable outcomes for our clients.
Head injuries are among the most common and severe injuries sustained in bicycle accidents. Research also shows that cyclists who do not wear helmets are three times more likely to suffer head injuries than those who do. The risk is even higher for children and adolescents.
While a helmet may not prevent you from being injured, it can be the difference between a minor concussion and a traumatic brain injury (TBI). It adds an extra layer of protection and may save your life; a 2017 analysis by the International Journal of Epidemiology found that wearing a bicycle helmet reduced the risk of brain injuries, head injuries, and fatal head injuries by up to 88% across 40 separate studies.
It’s also true that a collision with a vehicle causes a large percentage of fatal bicycle accidents. Between 2006 and 2017, this was 73%, and a mere 13% of these victims killed in a bicycle crash were wearing a helmet.
Even if you’re skilled on a bike and follow all rules, laws, and safety guidelines, many bicycle crashes are out of the cyclists’ hands. It’s estimated that one in three fatal cycling accidents involved road safety rules being ignored. Riding a bike provides much less protection than being in a car; wearing a properly fitted helmet is one of the best ways you can protect yourself and be prepared.
In a bicycle accident, your head is vulnerable to impact on the ground, vehicles, or other objects. A helmet acts as a crucial layer of defence, absorbing and dissipating the energy of the blow to minimize trauma to your skull and brain.
The helmet’s outer shell is designed to compress and crack upon impact, spreading the force over a larger surface area and reducing localized pressure on your skull. This compression helps prevent or lessen the severity of skull fractures, which can lead to life-threatening complications.
Beneath the outer shell, the helmet’s dense foam lining, typically made of expanded polystyrene (EPS), further absorbs and disperses impact energy. By compressing and deforming, the foam creates a buffer between your head and the external force, reducing the sudden deceleration of your head. This helps prevent your brain from violently shaking or twisting within your skull, mitigating the risk of traumatic brain injuries (TBIs).
While helmets provide crucial protection, their effectiveness depends on factors such as the severity of the impact, the angle of the collision, and the proper fit and condition of the helmet. Wearing a high-quality, well-fitted helmet is a simple but profoundly impactful way to keep yourself safe while cycling.
The law in Ontario mandates that individuals under 18 must wear a bicycle helmet when riding on any public road. This legal requirement is designed to protect young cyclists from the potential dangers associated with cycling accidents. Failure to comply with this law may result in penalties or fines.
However, for cyclists 18 years old or above, wearing a helmet is a personal choice. While the law does not require adult cyclists to wear helmets, it is strongly recommended that they do so for their safety. Wearing a helmet can significantly reduce the risk of severe head injuries in the event of a crash or fall.
Regardless of age, wearing a properly fitted bicycle helmet is a wise precaution that all cyclists should consider. It is an essential piece of safety equipment that can greatly minimize the likelihood of sustaining life-altering or fatal head injuries while enjoying the benefits of cycling on public roads.
Selecting a well-fitted, certified bicycle helmet is essential for maximizing protection on the road. Measure your head circumference to determine your size. Choose a helmet that fits snugly but comfortably without excessive movement or pressure points.
When trying on a helmet, pay attention to the following:
Look for helmets that meet safety standards set by recognized organizations, such as the Consumer Product Safety Commission (CPSC) in the United States or the Canadian Standards Association (CSA) in Canada. These certifications ensure that the helmet has undergone extensive testing and meets minimum performance requirements for impact protection and strap strength.
You may also look for additional features that enhance comfort and visibility. This can include adjustable vents for airflow, moisture-wicking liners, and bright colours or reflective elements. Colourful, reflective helmets have the added benefit of making you more visible. This helps drivers see you from farther away, especially in the dark, possibly reducing the risk of being hit. Many people also choose not to wear helmets due to discomfort, especially if they’ve planned for a long ride. By investing in a helmet with good airflow and everything else you need to stay comfortable, you’ll never be tempted to leave it behind.
Does a helmet have a lifespan? Even the best helmets have a limited lifespan. Replace your helmet every five years or sooner if it sustains a significant impact, shows signs of damage, or no longer fits properly.
When shopping for a new helmet, visit reputable bicycle shops or sporting goods stores that offer a wide selection of high-quality, certified helmets. If you’re unsure, never hesitate to ask for assistance finding the perfect fit and style for your needs. Experienced store owners and associates know how a helmet should fit.
Not wearing a helmet while riding a motorcycle or bicycle helmet drastically increases the likelihood of sustaining a severe traumatic brain injury in the event of an accident.
When an unprotected skull collides with the unyielding surface of the roadway, the sudden and violent impact can cause the brain to forcefully shift, rotate, and bounce within the confines of the cranial cavity. This abrupt and intense motion can lead to inter-cranial tears, shearing of delicate neural tissues, and the rupturing of blood vessels, resulting in dangerous hemorrhaging.
As the brain swells in response to the trauma, pressure builds up inside the skull, compressing vital structures and potentially causing irreversible damage to the intricate network of neurons responsible for cognitive, sensory, and motor functions.
The consequences of such injuries can be devastating and life-altering, ranging from chronic headaches, memory loss, and difficulty concentrating to more severe outcomes such as seizures, paralysis, permanent cognitive impairments, and even coma or death.
The long-term effects of a traumatic brain injury can greatly impact an individual’s quality of life, affecting their ability to work, maintain relationships, and perform daily activities independently. Wearing a properly fitted helmet is a simple yet crucial step in minimizing the risk of these catastrophic consequences.
If you’ve suffered a head injury in a bicycle accident due to another party’s negligence, you can seek compensation for your losses and hold the at-fault driver accountable for their actions.
However, you will have to prove that the accident was due to negligence on the driver’s part. To prove negligence and liability, you must demonstrate that the other party breached their duty of care as a prudent motorist. Then, you must directly link the negligence to your injuries. In other words, you must prove that the accident caused your injuries.
The answer depends on whether your bicycle accident injuries are deemed catastrophic. If they are, you will be entitled to enhanced accident benefits, normally up to $1 million in attendant care, medical, and rehabilitation benefits, payable for life.
You would also be entitled to the benefit of hiring a case manager, reimbursement for a housekeeper to help clear your home, and income replacement benefits, payable up to $400.00. We understand that, of course, this is not a significant amount of money. Still, it is payable for life so long as you cannot undertake the substantial duties of your employment for which you are reasonably trained or educated.
In terms of a lawsuit against the at-fault driver, you are entitled to claim compensation for pain and suffering, loss of past income or economic opportunity, future loss of income or loss of economic opportunity, loss of home maintenance or housekeeping capacity, and future health care costs. Family members are also able to claim certain non-economic and economic damages.
Ultimately, yes, helmet use can impact your personal injury claim. While adult cyclists are not legally mandated to wear helmets, failure to do so can be used as evidence of contributory negligence.
What is contributory negligence? In Snushall v.Fulsang, 2005 CanLII 34561 (ON CA), Jurianz, J.A. stated at para. 26: “The plaintiff’s contributory negligence is the failure to take reasonably prudent steps to protect herself from injuries that might result from an accident caused by another’s negligence.”
In a bicycle accident case, a person can be found contributorily negligent if he or she is not wearing a helmet, but it must be found that the person would have mitigated his or her injuries had a helmet been worn. This burden falls on the defence to prove, which is normally done through expert evidence, such as a biomechanical engineer.
Other reasons can be riding a bicycle at night without lights, riding a bicycle at night while wearing dark clothing, not looking or failing to look properly for oncoming traffic before entering a roadway, not dismounting from a bicycle and riding across a crosswalk, or darting out between parked cars.
What happens if a cyclist is found to be partly at fault? The cyclist’s compensation would then be reduced by the degree of fault that would be attributable, normally done by percentage. For example, if it is found that a cyclist is 50% responsible, then his or her compensation would be reduced by 50%.
Coping with the consequences of a severe bicycle accident injury can be an incredibly challenging and emotionally taxing experience. In the wake of such a traumatic event, you may find yourself grappling with a multitude of concerns, from mounting medical bills and lost wages to the uncertainty surrounding your legal rights and the path forward.
During this difficult time, it is crucial to remember that you are not alone. Our compassionate and experienced bicycle accident lawyers in Hamilton are here to provide you with the guidance, support, and representation you need. We understand the physical, emotional, and financial toll that a serious injury can take on you and your loved ones, and we are committed to helping you navigate this complex process with clarity and confidence.
Please don’t hesitate to contact us as soon as possible to schedule a FREE, no-obligation consultation. During this meeting, our experienced lawyers will carefully listen to your story, assess your case’s unique circumstances, and provide you with a clear and comprehensive understanding of your legal rights and options.
Call us no matter where you are in Ontario at 1-844-LALANDE or local in the Southern Ontario region at 905-333-8888. Alternatively, you can send us a confidential email through our website – and we will schedule your free consultation and review your case, your rights, and your options.
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