I was riding my bicycle when I rode over a pothole which threw me off my bike and caused a serious head injury. Do I have a case?
- March 29, 2017
Were you recently injured in a bicycle accident after riding over a pothole? If so, you might be suffering from scrapes, broken bones or even more serious injuries, such as a head injury. If this is the case, you might be wondering if you have a case. Since these cases can be complicated, it’s generally best to consult with an attorney so that he or she can go over the specifics of your case and can provide you with some guidance.
Do You Have a Case?
There are a few things that can impact these types of cases. First of all, you have to determine whether or not your town or city was actually aware of the pothole, or if they should have known about it. You also have to determine how long the pothole has been there and how serious it was.
For a minor, new pothole, you might not have a case. If you and your attorney can prove that the city knew about the large, dangerous pothole and did nothing about it, however, you might be able to do something about it.
Other things that you have to consider is whether or not you will be considered at fault for your accident. Were you riding your bicycle too fast or too recklessly in town? Were you wearing a proper helmet to help protect your head and help prevent a major head injury? Were you paying attention, and could you have possibly spotted the pothole and prevented the accident yourself? All of these types of things will come into play.
The types of injuries that you are suffering from will also make a difference. For example, for a major head injury, it might be worth it to take the case forward. However, if you only suffer from minor injuries, you might find that the cost of trying to take your city or town to court for your injuries will be way more costly than just handling your medical bills and lost wages on your own.
How to Proceed
These cases can be difficult, so it’s definitely not something that you are going to want to handle on your own. Working with a lawyer is a smart move so that you can get advice about your case and so that you can have the necessary representation in the event that you choose to move forward.
Why These Cases are Important
As mentioned above, these cases can be a bit difficult to take to court. However, this does not mean that they aren’t important. First of all, you have to consider your own needs. If you are suffering from a serious head injury, chances are good that you are facing a huge pile of medical bills and that you might have a lot more medical bills to come in the future. Additionally, you might not be able to work, so you could be struggling to make ends meet. You might not ever be able to work again, or you might not be able to work to the same capacity, so your whole life could be affected. If this is the case, you might be looking for any help that you can get.
Additionally, cities and towns really should be responsible for ensuring that streets are safe for citizens. By not holding them accountable for things like dangerous potholes, it can be easy to make them think that they can get away with not making necessary repairs. In some cases, these types of cases can bring these issues to light and can encourage cities and towns to make changes to how they handle such matters. This can improve the city for everyone who lives there and can help prevent future accidents.
Every case is different, and it can be difficult to determine whether or not you should pursue a case over this type of injury. Luckily, a good personal injury lawyer can sit down and talk to you about the basics of your case and can help you make a decision. Then, if you do decide to move forward, he or she can provide you with the legal advice and representation that you need in order to handle your case in the best way possible.