Cases we handle
Traumatic Brain Injuries
Traumatic brain injuries (“TBI”) are common in auto accidents and actually make up over half of all the reported TBI’s. While they are not always visible or cause an open wound, an internal injury to the brain can still be present. Typically, traumatic brain injuries are a product of a strong force fracturing or damaging the skull in some way. It is always important to seek medical attention if a brain injury is suspected.
Traumatic Brain Injuries and Auto Accidents
A driver and/or passengers’ skull can be one of the most vulnerable areas for trauma when in an auto accident. Depending on impact and the severity of the crash, an individual’s head can hit the dash, steering apparatus, or even the windshield and cause a brain wound. A brain wound can also be caused simply by the vigor of the accident itself. When the head slams forward, the brain slams with it and hits the bone of the skull, or the brain is pulled opposite from the skull causing the injury, resulting in the blunt trauma.This can lead to internal bleeding which may not always be evident at the time of the incident. Therefore, an actual penetration of the head is not always the case with these types of injuries. An open wound or blunt trauma to the head can also occur during an auto accident. More often than not, an open wound is caused by the head hitting directly on a windshield, window, or other fixed objects inside the auto. Most open wounds are clearly visible to all parties involved and typically show at the present moment. Whatever the severity of the brain/head/skull injury may be, if you are involved in an auto accident and hit your head, it is best to seek medical attention as soon as possible.
Traumatic Brain Injuries due to Vehicle Defects
Often times the term “crashworthiness” is used when severe or traumatic injuries occur as a result of an auto accident. In addition to determining fault after an accident, it is important to note whether the vehicle did its duty by protecting the passengers in the crash. It is up to a manufacturer to design a vehicle safely and to test the vehicle in scenarios that are likely if a person were to operate their product, such as a crash. It can happen that a TBI can be a result of a malfunction or defect in the vehicle. Vehicle recalls are one way to protect consumers’ safety while driving. These recalls are important to not only the drivers, but also show how most manufacturers are constantly keeping safety as a top priority. The integrity of the structure (the vehicle, in this case) and any defectscan be taken into consideration when trying to define the cause of a traumatic brain injury. For example, if there is a malfunction in the gas pedal, and the vehicle accelerates unprompted, it may cause an accident if the driver is unaware or not able to slow the vehicle down. This would be considered a defect, and deem the vehicle unsafe and unable to protect its occupants in a crash, especially if serious injuries occur as a result. If it is found that the automobile does in fact have a defect or malfunction, it can sometimes be determined that the severity of the injuries suffered may not have been as such if the defect was not present. Again, the injury does not have to be visible to anyone at the time of the accident, so it is important to seek medical attention in the event of any suspected head trauma if you are not treated at the scene.
If you are involved in an auto accident and suffer a traumatic brain injury it is recommended that you obtain a licensed North Carolina attorney to determine the restitution needed for any and all injuries sustained.