Illegal turn leaves a young biker with broken spine
Personal details (age, family, etc.):
- Male, 39 years old. At the time of the accident living with a roommate; divorce proceedings were ongoing, joint custody of one child
Accident details (how, where, when, diagram):
- The client was traveling Westbound on Derry Road and was struck by a vehicle coming from the opposite direction, making an illegal left turn onto Northbound Winston Churchill Blvd.
- The client saw the vehicle, and made a controlled fall on the bike. As he was sliding on the ground his back made contact with the bumper of the vehicle.
Initial accident injuries (hospitalization, damages):
- Injuries included spinal fracture, fractured pelvis, fractured ribs, fractured clavicle and right arm, bruises, lacerations, internal injuries, mild traumatic brain injury, degloving injury on the back with part of the musculature on the back torn off by the bumper of the vehicle.
- Hospitalized for 1 month and released home
Sequelae, Injuries and conditions list:
- Severe orthopedic injuries including spinal fracture, rib cage fracture
- Degloving injuries, a section of skin torn off the underlying tissue, severing its blood supply.
- Mild brain injury sequelae including memory loss, difficulties with attention and information processing, difficulties sleeping, depressive episodes and anxiety.
- Catastrophic determination not reached.
- Initially services included OT and PT at home only twice per week.
- Started community-based rehab 10 months post injury, including Aquatherapy, Exercise Therapy, Massage Therapy, clinic-based PT, OT once every two weeks, Psychology.
- Attendant care was granted for the first 10 months at 24 hours per week, and then gradually reduced to 0 after 18 months.
- The client made slow but steady progress in his rehabilitation.
- He regained significant strength and stamina, the sequelae of TBI have subsided, he increased his participation in community-based Aquatherapy and Exercise therapy to three times per week and eventually began participating in exercises on his own accord.
- At approximately 21 months the insurance denied all treatment and ordered IEs to be performed on all treatment plans.
- The client returned to work 22 months post accident at which time physical condition deteriorated, nonetheless the client remained on the job.
Settlement or judgment:
- Settlement reached after 37 months in the amount of 240k plus tort.