Bicycle Accident Head Injury: $1.7 Million Settlement
2024 General Liability Case Report
By Attorney Willliam J. Thompson
Middlesex Superior Court, Massachusetts
General liability lawsuit involves closed head injury following bicycle accident
The plaintiff was a 64-year-old experienced bicyclist who was on her favorite 27-mile bike ride, cycling with three friends. She came upon a stretch of roadway that had been milled in preparation for resurfacing. She managed to ride on the milled pavement for over a half mile without incident, and had ridden ahead of the other bicyclists. At the point where the milling of the old asphalt ended, there was a lip where the existing, un-milled pavement began again. The fall was unwitnessed, but the plaintiff was found on the un-milled roadway surface, lying on her side, and horizontal to the path of travel. The bicycle was is good working order.
The plaintiff contended the lip was not properly flagged or sufficiently marked to warn riders of the change in surface and elevation. Police photographs taken of the scene, however, showed a big orange “Bump” sign by the side of the road, and bright orange paint along the lip and along the other raised structures including sewer covers and water mains. The plaintiff claimed the sign and paint must have been put there hours later when the defendant roadway construction company returned to the site, but the defendant claimed those had been there from the time it completed its work earlier in the day, and were there at the time of the accident.
Despite wearing a new, high-tech helmet for safety, the plaintiff sustained a Grade 3 diffuse axonal injury and had not been able to return to work or attend well to activities of daily living.
The case settled during discovery for $1,700,000.
Lubin & Meyer attorneys Andrew C. Meyer and William J. Thompson represented the plaintiff in this medical malpractice lawsuit.
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