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Written by Richard L. Duquette, Esq.    Sunday, 02 October 2011 15:05    PDF Print E-mail
The Triathlete and Inattentive Truck Driver©


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In another recent case, a truck driver (inattentively) turned left in front of a triathlete, who then broadsided the truck.  The truck made an illegal left turn by turning too close to the bicyclist.  The triathlete’s helmet was damaged in the crash and she sustained a concussion.  We met with the triathlete, and learned the case details.  Upon inspection of her helmet, it showed the force of impact and that the Styrofoam was dented and fractured.  For a short period of time after the accident she demonstrated symptoms consistent with a valid concussion or mild traumatic brain injury (see my web site for an article; www.911law.com).  By way of analogy, the impact caused her brain to rattle around

inside her scull like ice cubes in a glass.  Fortunately, she documented her symptoms with specific expert medical care.  Saw a medical specialist who elicited the evidence necessary to convince the insurance company combined (with our licensed investigators statement obtained from the defendant) to pay off their insurance policy limits without the need for protracted litigation.  She was happy with her settlement.  Here are a few tips:

Tip # 1 Save your damaged helmet, don’t return it to the manufacturer for a new one.

Tip # 2 Be aware of symptoms post crash consistent with head trauma.  Document it by consulting a head trauma specialist, i.e. a neurologist, neuro-psychologist or neurosurgeon.  They have access to the current diagnostic tools (i.e. MRI, Cat Scan, Pet Scan etc.) and are qualified to render a reliable diagnosis that will get you better, as well as documenting your losses.

________________________________________________________________

Richard Duquette is a local Carlsbad, California Personal Injury who, since 1983, has mixed law with his love of bicycling and surfing from Baja to Bali.  He can be reached via e-mail at rduquete@911law.com.

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Last Updated ( Sunday, 02 October 2011 15:07 )
 

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