- Date: July 2006
- Victim’s age: Adult
- Victim’s Sex: Female
- Occupation: N/A
- Place: Niagra Falls, Ontario
- Circumstances: empty bollard bracket
- Injuries sustained: suffered injuries to her leg, and shoulder and had a concussion
- Settlement Amount: $700,000
The Bike Accident
In July of 2006, a middle-aged woman went for a bike ride with a friend down a recreational path in Fort Erie. She was approaching an intersection and was slowing down. All of a sudden her bike tire hit a sleeve of a wooden post sending her flying to the ground and hitting her head on the pavement. She had not seen the sleeve of the post as the wooden post had been removed.
Victim injuries from the bike accident
The friend she was biking with came to her aid. Her memory was foggy and she was repeating herself. He immediately brought her to the hospital. She had no recollection of her friend coming to help her or of the ambulance ride to the hospital or the treatment she received at the hospital. She had a bump on her head and scratches and bruising on her face, elbow, leg, and knee.
Trouble at work
Her head injury made it hard for her to focus and she was forgetful and easily distracted. She worked in IT services but due to her injuries, she could no longer manage her workload. She also experienced difficulties in her personal life because of the injuries. Her head injury created cognitive disabilities that make her unable to obtain and hold on to competitive employment.
She suffered from sleep apnea and other sleep disorders which worsened after the accident. Six years after the accident her job was declared surplus. She requested redeployment to a new position but her request was rejected as she did not meet the qualification for any of the jobs
Liability of the city
The city owned and oversaw the maintenance of the recreational trail on which her accident occurred. Prior to the accident, the city had been advised to make all posts and their sleeves more visible by marking them with paint. They had not followed this suggestion which could have prevented the accident by making the sleeve more visible. They also failed to replace the post or remove the sleeve. As a result, the sleeve created a foreseeable danger to the path user which the city could have and should have fixed. Therefore, the judge found the city 100% liable for her injuries.
Compensation for victim
The city reached a settlement with the women outside of court for general and special damages. However, at trial, the judge awarded the victim a total of $737,339.72 for loss of past and future income.
if you have been injured in a bike accident, be sure to speak with an experienced personal injury lawyer to see if you have a case. You may be entitled to compensation for your injuries.