Case Type: Bicycle Accident
Location: Washtenaw County Circuit Court
Date of Settlement: June 7, 2018
Facts of the Case
A University of Michigan student and avid bicyclist was riding his was on a long distance bicycle ride and was fully dressed in his performance bicycle clothing. This included an orange reflective jacket and gloves with reflectors on them. His bicycle also had reflectors on it and he had a bicycle flashlight on the front of his bicycle. Fortunately, he was also wearing a helmet.
The Plaintiff was travelling northbound on E. Huron River Drive in the marked bicycle lane between the right lane of the road and the curb. As a bicycle racer, he always rode in a designated bicycle lane along a major roadway. He would not ride on a sidewalk.
Defendant was on her way to work at the Heartland Healthcare-Ann Arbor and was travelling southbound on the same roadway. She entered the left turn lane and then turned left into her work parking lot. The front of her vehicle struck the Plaintiff while he was in the bicycle lane. He flipped onto her hood, struck the windshield, and then tumbled over the vehicle until he landed on the pavement.
Police and EMS were called to the scene of the accident and several witnesses came out of the building. EMS transported the injured cyclist to the St. Joseph Mercy Hospital where he was admitted to the Emergency Department for his injuries.
Types of Injuries and Harm Suffered
Our client suffered a traumatic brain injury (TBI) resulting in:
- Cognitive deficits
- Memory loss
- Speech and language impairment
- Depression & Anxiety
- Pain and suffering
- Loss of enjoyment of life
- Disability from normal activities
Legal Issues in the Case
- Was the driver negligent for striking the bicyclist with her vehicle?
- Was the cyclist partly negligent for the accident?
- Were Plaintiff’s injuries caused by the crash?
- Were the injuries suffered by the Plaintiff permanent?
What We Did To Win the Settlement
We obtained the police report and the medical records. We filed a lawsuit and took depositions of all witnesses, including the EMS technicians and investigating police officers. We also verified the insurance policy limits of the defendant driver to make sure there were no additional sources of insurance to pay a settlement. After mediation, the parties were able to agree on a settlement of $250,000 which was the full amount of insurance available to pay the claim.
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