Bicyclist Seriously Injured in Louisville Crash

by | Jul 6, 2022 | Car Accidents

Few details were available after a motorist apparently struck a bicycle rider on the Dixie Highway.

According to a preliminary investigation, the bicyclist was southbound on the right shoulder when, for an unknown reason, she crossed in front of a car in the process of exiting the off-ramp. The bicyclist was struck and ejected off her bicycle. Emergency responders rushed her to University Hospital with serious injuries.

No one from the car was hurt in the incident. LMPD’s Traffic Unit is investigating.

Bicycle Wreck Injuries

Except that most riders don’t have handlebar mustaches, today’s bicycles and their riders aren’t much different from the ones that were on the road a hundred years ago. Unfortunately for these riders, and bicycle crash victims, motor vehicles and the people who drive them have changed a lot. Compared to the cars and trucks that rolled off the assembly line in the 1920s, today’s cars and trucks might as well be flying saucers. Additionally, in ye olden days, motorists gladly shared the road with pedestrians, horse-drawn carriages, and so on. That attitude has changed significantly.

So, in a modern-day bicycle crash in Fayette County, the riders usually sustain serious injuries, such as:

  • Broken Legs: Usually, tortfeasors (negligent drivers) either hit riders head-on or sideswipe them. Either way, their legs bear the brunt of the initial impact. Since doctors must use aggressive and invasive measures to reconstruct these shattered bones, the physical therapy which follows is even more grueling and intensive.
  • Head Injuries: The fall off the bike usually causes head injuries. Brains don’t fit snugly inside skulls, like hands into gloves. So, this falling and landing motion causes the brain to repeatedly, and violently, slam against the insides of the skull. Normally, doctors can treat head injury symptoms, but the injuries themselves are permanent.
  • Internal Injuries: Violent motion causes internal injuries to grind and bump against each other. Internal organs have no protective skin layers. So, even slight abrasions usually bleed very badly. This internal bleeding is hard to detect, and even harder to stop. As a result, many victims lose about a quarter of their blood before they reach a hospital.

Despite the seriousness of these injuries, many victims don’t immediately get the treatment they need. Usually, emergency responders send them to the closest emergency room. The ER staff might or might not have experience treating these kinds of injuries.

To solve this problem, a Lexington personal injury attorney connects victims with doctors who focus on injury-related matters. Usually, these doctors delay billing until the case is resolved. The last thing serious injury victims need is more medical bills they cannot pay. 

Evidence Issues

Medical bills, and other accident-related bills, must be paid eventually. Tortfeasors (negligent drivers) are responsible for these bills, if a victim/plaintiff proves negligence, or a lack of care, by a preponderance of the evidence (more likely than not).

Most injury claims rely heavily on witness statements. When disinterested witnesses take the stand and tell jurors what they saw, something almost mystical happens. Witnesses are hard to come by in freeway wrecks. Most people don’t loiter at accident scenes in these cases. Instead, they keep driving down the road.

Additionally, available witnesses often have reliability issues. People who zip past accident scenes at 70mph often don’t get a very good look at what happened. Other witnesses have a personal relationship with a party or another possible bias.

Therefore, in lieu of witness statements, many Lexington personal injury attorneys rely on an Event Data Recorder. Much like a jet’s black box, EDRs measure and record information like:

  • Vehicle speed,
  • Steering angle,
  • Engine RPM, and
  • Brake application.

Such electronic evidence usually resonates very well with tech-savvy Fayette County jurors. Additionally, from a legal standpoint, EDR evidence is almost bulletproof in court. Properly-working computers are never inaccurate or biased.

Liability Issues

Bicycle accidents usually aren’t “accidents.” People accidentally leave the water running. They don’t accidentally run over bicycles on freeways.

Instead, negligence, which as mentioned is a lack of care, usually causes such incidents. Ordinary negligence is basically a violation of the duty of reasonable care. This legal standard requires motorists to drive defensively. Negligence per se, another common theory, is basically a violation of a safety statute.

Speaking of the duty of care, this legal standard applies to all motorists, including vehicle operators and bicycle riders, at all times. If the preliminary investigation in the above story is accurate, which it might or might not be, it appears that both drivers may be partially at fault. The bicyclist pulled out in front of an approaching motorist and the car driver failed to maintain a proper lookout.

Even if a victim was partially or mostly at fault for a wreck, maximum compensation is usually still available. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Injury victims are usually entitled to substantial compensation. For a free consultation with an experienced personal injury lawyer in Lexington, contact the Goode Law Office, PLLC. We do not charge upfront legal fees in these matters.