Jury Awards $9 Million to Man Injured in Bicycle Accident

A jury has awarded a man $9 million after a serious bicycle accident left him severely injured. According to the lawsuit, a utility truck operated by ComEd damaged a bike path where he was riding his bicycle in November of 2016. According to the lawsuit, ComEd trucks had parked their utility vehicle on the bike path where the plaintiff was riding his bike. Their crews were performing a pole swap-out project where they lifted utility poles into place and mistakenly destroyed the bike path beneath. The plaintiff hit damaged asphalt while riding his bicycle and was ejected over the handlebars of the bike and onto hard cement. According to the lawsuit, the plaintiff struck his head and suffered a mild traumatic brain injury. The defendant was hospitalized for five days and claimed he had undergone “years of psychological treatment since the injury.” The plaintiff argued that the bike accident aggravated prior social, cognitive, and emotional deficits caused by his pre-existing condition of Crohn’s disease, hypertension, diabetes, and rheumatoid arthritis.

Elements of negligence 

In this case, the utility company was faulted for damaging a bike path that left the area in a dangerous condition. The plaintiff was riding his bicycle along the bike path when he came upon the damage caused by the utility company. The plaintiff hit some rough asphalt and was ejected from his bicycle causing a head injury. The head injury then aggravated several pre-existing conditions that caused him years of emotional, social, and physical distress.

Damages 

According to the lawsuit, the plaintiff suffered a mild traumatic brain injury. However, he was compensated $9 million for his injuries. This is due to the fact that his attorneys successfully argued that the mild traumatic brain injury triggered a cascade effect given his pre-existing conditions that caused the plaintiff an inordinate amount of distress. While the jury verdict may seem high, it is distinctly possible to sue a company that causes injury for the aggravation of a pre-existing condition. The plaintiff would have experienced significantly less suffering had the utility company not damaged a public bike path placing cyclists in danger. The company was taxed for placing the public in danger through its negligence and exposing the plaintiff to serious injury.

Commentary 

While rare, construction and utility companies can be sued for causing public dangers. In this case, the defendants negligently destroyed a bike path that left the path unnavigable. In cases where a construction or utility company is performing work that causes a member of the public injury, a plaintiff can file a personal injury lawsuit against the company claiming that its negligence was the direct result of their injuries.

Talk to a Tampa, FL Bicycle Accident Attorney Today 

Florin Gray represents the interests of Tampa plaintiffs in bicycle accidents and other personal injury lawsuits filed against negligent defendants. Call our Tampa personal injury lawyers today to schedule a free consultation and we can begin discussing your case right away.

Source:

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