FACTS:
This cause of action arises out of an auto/bicycle collision in Wayne County, Michigan. Plaintiff, a 26-year-old woman, was enjoying a pleasant bike ride. While Plaintiff was riding her bike, she was passing Defendant’s apartment complex. Suddenly, without warning, she was struck by a car leaving the apartment complex. Plaintiff was thrown to the hood of Defendant driver’s car, fell down onto the pavement, and lost consciousness. The police report noted that Defendant driver’s view was obstructed by 8-foot-tall decorative shrubs, which Defendant apartment complex knew about and failed to remove.
Before the accident, Plaintiff was a carefree young woman with a love of sports and biking, a good job, and no illnesses or diseases. Because of this accident, she suffers from a permanent traumatic brain injury, cognitive deficits, memory loss, vision impairments, fatigue, nausea, migraine headaches, and a fractured wrist. Her wrist restricted her for more than two years and continues to give her pain. Her migraine headaches restrict her and cause her to miss out on social events. She is anxious that she will be hurt again so she stays close to home and prefers to have her husband drive. Her brain and personality changed significantly, her family noting that “her whole attitude changed.” She cannot remember names and birthdays she once knew effortlessly and forgets details of her childhood. After a four-month leave from her work in a hospital, she returned, but she now needs extra time to learn new information and needs to leave early when she has pain or fatigue. Plaintiff’s intellectual functioning was reduced from above average to average as a result of this brain injury.
LIABILITY:
This auto-bicycle accident was caused by the negligence of Defendant driver and Defendant apartment complex. It is undisputed that Plaintiff was operating her bicycle in a legal and lawful manner at the time of the accident. There is no law or ordinance which mandates the use of bicycle helmets and a person riding a bicycle on the sidewalk is not required to anticipate danger from approaching vehicles. At the exit/entrance of Defendant apartment complex, there is a grassy island with 8 foot tall ornamental shrubbery that obstructs the view of those entering and exiting the apartment complex. Defendant apartment complex was aware of the shrubbery, admitted that it obstructed the view of drivers, and failed to remove it.
Claim for Auto/Bicycle Collision in Wayne County, Michigan
The personal injury law firm of Thomas, Garvey & McKenna can help if you or a loved one has suffered an motor vehicle injury in Macomb County, Michigan as a result of another party’s reckless actions or an insurance company is refusing to compensate you for damages. We can provide informed and educated legal counsel on the best way to proceed with your Michigan first party no fault benefits claim. Give us a call at 586-779-7810.