How the Injury Happened
A dedicated cyclist in Washington was enjoying a peaceful group ride on a familiar route when, without warning, a loose dog suddenly charged out from a nearby property directly into the path of the riders. The dog collided forcefully with the client's bicycle, causing him to lose control and launch violently over the handlebars. He crashed hard onto the asphalt, suffering immediate and traumatic injuries. Emergency responders arrived quickly, and he was transported by ambulance to the hospital. There, doctors diagnosed a broken collarbone (right clavicle fracture), a grade 3 AC shoulder separation, road rash, and multiple contusions. In the weeks and months that followed, he developed persistent neck and back pain, along with a possible rotator cuff tear that required further evaluation.
The Client's Challenges
The injuries went far beyond the initial crash. He lost wages and missed work, needed extensive medical care (ambulance, hospital, chiropractic, orthopedic evaluation, injection, and physical therapy), and relied on his spouse for basic daily tasks like bathing, dressing, and household chores. His beloved cycling routine was disrupted, replaced by anxiety about riding near dogs and uncertainty about long-term shoulder function. Property damage to his bicycle, helmet, and gear added to the stress.
Key Legal and Factual Obstacles
This case presented several common hurdles that many injury victims face in bicycle accidents and dog attack claims. The dog owner denied responsibility from the start and failed to engage meaningfully with the claim, forcing the need for formal litigation. Proving liability required detailed investigation to show the dog was running loose and not properly controlled, leashed, or fenced—key elements under Washington law for animal owner accountability.
Beyond liability, the team had to thoroughly document the full scope of the client's ongoing injuries. What started as a clear broken collarbone and shoulder separation evolved into persistent neck and back pain, a possible rotator cuff tear, and long-term limitations. This meant building strong evidence of not just medical bills, but also wage loss, property damage, pain and suffering, emotional distress (including fear of riding), loss of independence, and reduced enjoyment of an active lifestyle.
Finally, even after securing a strong default judgment exceeding $303,000 (which grew to approximately $350,000 with interest), the available insurance coverage was limited to $100,000 in liability plus $1,000 in medical payments. Negotiating a fair resolution within those tight policy limits—while protecting the client's rights—added significant complexity.
How Barden & Barden Helped
Our team left nothing to chance. We thoroughly investigated the scene to prove the dog was not properly controlled, gathered comprehensive medical evidence, documented all economic losses (medical bills, wage loss, property damage), and clearly illustrated the human toll—pain, loss of independence, and reduced quality of life. When the defendant failed to defend the lawsuit, we secured a strong default judgment and used that leverage to negotiate directly with the insurance company, ultimately securing the full available policy limits.
Ready to Protect Your Rights?
If you or a loved one has been injured in a bicycle accident, dog attack, or other incident, don't let insurance companies minimize your claim. Contact Barden & Barden today for a consultation. Let our experienced personal injury and bicycle attorneys fight for the compensation you deserve.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment