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Arizona Cyclist Sues Tucson for Traumatic Brain Injury After Falling on Train Tracks

Cyclist in Tucson Claims No Signs Warned Her of Road Construction, Causing Traumatic Brain Injury

shutterstock_113845798A cyclist in Tucson, Arizona has filed a personal injury lawsuit with the city’s Regional Transit Authority because there were not enough signs indicating new street car track construction, and she fell of her bike, causing a traumatic brain injury.

Angel Welch’s lawyers sent her personal injury claim notice to both the Regional Transit Authority and the locally-owned Sun Tran transit service earlier in the year. Their aim is to settle for $3 million, rather than go to court.

According to Welch, the accident occurred last August, when her bicycle tire caught in a groove between the tracks, and she was thrown onto the street. Her claim states that a combination of poor signage, inadequate and substandard track maintenance, and dangerous construction caused Welch’s accident.

The accident caused a traumatic brain injury, and Welch is now permanently disabled, with memory loss and communication problems. The letter to the RTA states that her medical bills are currently $450,000, and her permanent injury could cause more medical complications down the line.

However, Welch’s claim does not say whether or not the cyclist was wearing a helmet at the time of the accident. Her lawyers would not comment.

The safety and advocacy group The Living Streets, however, said that this was far from the first accident at the intersection. The group has collected about 30 reports of bicycle accidents on the train tracks, most ranging from scraped hands and knees to broken teeth. Welch’s traumatic brain injury is one of the most severe accidents at that intersection, but highlights exactly how dangerous poorly-labeled train tracks and construction can be to cyclists and pedestrians.

The Living Streets added that they have tried, repeatedly, to warn the city about just such a serious personal injury. They have sent several letters to city leaders warning that the construction was very dangerous, and could cause traumatic brain injury like Welch’s. Two years ago, the advocacy group even warned now-City Manager Richard Miranda that the type of rail chosen for the project is “much more likely to catch the tires of bicyclists, causing them to crash and potentially throwing riders onto the street in front of traffic.”

According to the group, the city responded by putting up “danger to cyclists” signs, but the warnings were immediately stolen. The signs are so popular that, although the city replaces them often, they rarely stay up.

Meanwhile, Welch’s traumatic brain injury claim is waiting for attention – City Attorney Mike Rankin says that they are not in negotiations with Welch over her personal injury claim.

South Carolina Personal Injury Law and Traumatic Brain Injury

traumatic brain injury (TBI) – also known as acquired brain injury or, more simply, head injury – is caused by a blow or jolt to the head, or a penetrating head wound that disrupts the brain’s normal function and damages the organ.

Traumatic brain injuries can occur when the head suddenly and violently hits an object, or when an object pierces the skull and enters brain tissue.

Traumatic brain injury may be the result of a

Many people injured in car accidents can suffer from traumatic brain injury without immediately apparent symptoms. You don’t have to drive fast to get a head injury in an accident. You do not have to hit your head on something like the steering wheel or windshield to suffer a brain injury.

The Strom Law Firm Accepts Traumatic Brain Injury Cases

The Traumatic Brain Injury Lawyers at the Strom Law Firm are currently accepting cases involving head injuries and concussions. Call today for a free consultation to discuss the facts of your case. 803.252.4800



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