Legal Guide

Traumatic brain injuries and car accidents – A few important facts that you need to know

Today, it's widely known that car accidents are a significant cause of traumatic brain injuries (TBI). And typically, this injury occurs when a sudden force cracks or breaches the skull. Our skull is a part of the body that is most vulnerable during a car accident.

And here, it is essential to learn about the mechanism of such an injury. The car-crash associated TBI typically occurs when the individual's head badly hits against any solid object in the car, for instance, windshield, steering wheel, and dashboard. And in most but not every case, there will be visible proof of head trauma, like swelling, open wound, bleeding, and immediate bruising. But even when there is an absence of visible trauma, it doesn’t mean that a person hasn’t incurred TBI. The sheer force exerted during the vehicle accident makes the brain collide with an internal skull hard bone, leading to brain bleed or bruise.

Also, there is a scope for blunt trauma leading to head injuries in car accidents. It can happen when a person gets ejected from the car or at a time of a car roof collapse in case of a rollover accident. An individual's brain on the opposite side moves away from the skull, leading to injuries with the impact. It is essential to get in touch with a brain injury lawyer in such situations. Today, you can get more information from a Brain Injury Attorney in Houston online.

The truth about TBI

For most Americans, TBI is no more a new concept that gets highlighted in the news. It's an everyday reality that impacts everything from an individual's ability to work to life quality. And a few of the typical impacts of TBI are:

  • Vision or hearing loss
  • Loss of consciousness
  • Speech impairment
  • Loss of consciousness
  • Seizures
  • Extreme headache
  • Agitation
  • Nausea
  • Cognitive impairment
  • Trouble in focusing
  • Confusion
  • Dizziness

Currently, a study highlighted that TBI could also disturb sound sleep patterns, which can result in other health issues. Also, the long-term effect of TBI can vary significantly. There are a few patients who get recovered entirely, and others can exhibit restricted effects. There are a few people who suffer ongoing limitations all their life and face problems during work. They also witness memory issues, personality changes, and struggle with the injury's cognitive, long-term emotional, physical impacts.

The crashworthiness present in traumatic brain injury cases

Many factors need evaluation when an individual sustains a catastrophic or severe injury like TBI in a car accident. It's because the external factors can, at times, lead to the exacerbated injuries.

And an essential factor to consider here is the crashworthiness or the car's capacity to endure the exerted force in an accident and secure the people on impact. If your loved one or you have undergone a TBI in a car accident, an expert brain injury attorney can decide whether or not the car's crashworthiness is an essential factor for the case.

And just in case it is, the attention of the lawsuit moves from the individual at fault for the accident and the way it took place to if the car provided you the security that it must have in that scenario. And going with the crashworthiness doctrine, the brand that manufactured the car is held responsible. It's applicable only when the design defects result in more damage to the accident other than the damage attributed to the collision.

It is necessary to remember, that today there is ample proof in the crashworthiness cases. First and foremost, the plaintiff needs to prove that the car’s design defect increased the severity of the injuries. Also, the plaintiff needs to prove that another safer and practical design could get made. And finally, the plaintiff needs to come up with ample evidence that the injuries sustained due to the defective design were worse than cars where there could have been a safer design.

The categories of traumatic brain injuries

There are varying stages of TBIs that get categorized based on the severity of the impacted regions in the brain. For instance, a person might not have a fracture in the skull after a blunt force impact. However, there can be a few traumatic injuries present.

  • Open brain injury–It happens when an unknown object fractures and enters via the skull to the brain and injures the tissue of the brain. Anticipating disabilities from such kind of localized and direct injuries is more precise than a closed brain injury.
  • Closed brain injury–Here, no unknown object enters the brain through the skull. Instead, there is a harsh blow to one's head or an abrupt, severe motion to one's brain, which results in it slamming against the skull while making contact with any other object, such as a car’s windshield or dashboard. Anticipating the probable side effects aren't as precise as the open brain injuries, based on the extensiveness, which isn't clear and definite every time.

The common TBI types

Simply put, a concussion takes place when sudden momentum or movement change results in an impact. It can cause the blood vessels in the brain to stretch and cause damage to the cranial nerves. The most common TBI types include:

  • Unconsciousness for about 20 minutes can take place.
  • A contusion bleeds to the brain.
  • Consciousness with a feeling of dazed might persist.
  • It can take months or years to heal.
  • Might or might not surface on CAT or any other diagnostic tests
  • Diffuse axonal injury damage might be permanent or temporary
  • The skull fracture might or might not be present
  • There might be blood clots
  • Brain swelling or bleeding might or might not be present

The car and its part defects in a brain injury case

The other probability that is essential to consider is whether or not a car or its parts defect resulted in the accident, which led to TBI. With the threat imposed on the general public, the already existing faults in the cars that result in speed without warning tend to get ample publicity. A few examples of defective parts or car defects are:

  • Incorrect window glazing
  • Faulty tires
  • Faulty seatbelts
  • Incorrectly or poorly designed roofs caving in as the vehicle flips over
  • Faulty airbags
  • Car deficiencies that resulted in rollovers
  • Incorrect child safety seats
  • Faulty door latches
  • Using laminated instead of tempered glass on windows and windshields

Once again, the proof burden falls on the plaintiff. And as a plaintiff, you or your lawyer should prove that a car defect resulted in the accident. And for this, you need to have ample proof that:

  • A weakness or flaw was there in the car involved in your accident.
  • It’s the defect that made the car highly dangerous.

If the manufacturer is to be made accountable for this, the plaintiff should also prove that the defect was present in the car part or the car while it was getting made. And to derive the desired compensation, your expert brain injury attorney should also provide correct evidence highlighting that you got injuries. They should showcase the extent of your injuries along with the financial and emotional toll your injuries had on your family and you.

Traumatic brain injury has become more common now

The Center for Disease Control (CDC) reports that annuals close to 1.7 million Americans endure TBI. Over 50,000 people die every year, and another 275,000 get hospitalized. Most of these injury victims get released and treated at the hospital due to accidents.

Also, in the United States, the prominent cause of traumatic brain injuries is falling. It comprises many accident types, like household spills, construction accidents, and slipping on ice. The other common cause of TBI is car accidents, which include motorcycle and truck accidents as well. The motorcyclists are vulnerable to head injuries as they stay hugely unsecured in the collision.

The relevance of getting in touch with an expert brain injury lawyer

You would never want to think that something dangerous might happen to you or anyone you love. However, if you or anyone you know have endured a TBI in a car accident, it is essential to get in touch with a brain injury attorney to make sure that the ones who are accountable for the crash are held responsible. Also, the attorney will assist you in getting your deserved compensation.

Based on the circumstances of your legal case, the best brain injury lawyers can help you secure reparations for the damages, including the property damage, medical expenses, pain, and lost wages. These attorneys have a clear understanding of the devastating impacts of a TBI. So they seek punitive damages, designed so that the defendant gets reprimanded for their careless behavior as and when applicable.

It would help if you remembered that there are specific deadlines for starting legal action. Hence, it would help if you weren't wasting time. So, once there is TBI, you should connect with a brain injury attorney at the earliest.


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