Traumatic brain injuries, or TBIs, are unfortunately common in commercial trucking accidents. The force of a truck collision may cause an individual to strike their head on the steering wheel, window, or headrest, causing a serious head or brain injury. These injuries frequently require ongoing medical care and may cause lifelong complications.
If you or someone you love suffered a head injury in a recent trucking accident, the skilled legal team at Shunnarah Truck Accident Lawyers is ready to help. We can promptly evaluate your accident circumstances and determine your options for recovering the compensation you need.
For a free case evaluation and legal consultation with a skilled traumatic brain injury attorney, please call us at (205) 957-4995 or contact us online today.
Types of Negligence that Cause Trucking Accidents
Truck accidents are a significant cause of head injuries and TBIs, often resulting from negligence on the part of truck drivers or trucking companies.
- One of the leading causes of truck accidents is driver fatigue. Truck drivers often work long hours, and despite regulations limiting their driving time, some drivers exceed these limits to meet tight deadlines. Fatigue impairs a driver’s reaction time and judgment, making accidents more likely. When a tired driver loses control of a massive truck, the resulting crash can easily cause a TBI or other head injury.
- Another common cause is distracted driving. With the rise of smartphones, many truck drivers are tempted to check their devices while on the road. Whether texting, making a call, or even adjusting a GPS, these distractions can lead to deadly consequences. A distracted driver may fail to notice a slowing vehicle ahead or drift into another travel lane, leading to a severe accident.
- Speeding is another critical factor in truck accidents. Truck drivers may speed make up for lost time or to meet delivery schedules. However, speeding reduces a driver’s ability to stop or maneuver the vehicle safely, increasing the likelihood of a collision. The sheer force of a speeding truck crash can lead to catastrophic injuries, including TBIs.
- In addition to driver negligence, trucking companies can also be responsible for accidents. One common issue is improper maintenance of the trucks. Trucks require regular inspections and maintenance to ensure they are safe to operate. When trucking companies cut corners to save money, critical systems like brakes or tires may fail, leading to a serious accident.
- Lastly, inadequate driver training is another form of negligence by trucking companies. Operating a large commercial truck requires specialized training and experience. When trucking companies hire inexperienced drivers or fail to provide proper training, they put everyone on the road at risk.
How do Truck Accidents Cause Head Injuries, and What Types of Medical Treatment are Necessary for These Injuries?
Head injuries from commercial trucking accidents can vary from concussions to severe TBIs. A concussion, which is one type of TBI, occurs when the brain is jolted or shaken inside the skull. This can result in symptoms like headaches, dizziness, nausea, and confusion. More severe head injuries, such as contusions or intracranial hemorrhages, involve bleeding or bruising of the brain, which can cause more serious symptoms and complications.
For a concussion, medical treatment usually starts with rest. Patients are advised to avoid physical and mental activities that can worsen symptoms. Over time, as symptoms improve, a gradual return to normal activities is recommended. If symptoms persist or worsen, further evaluation by a healthcare professional may be necessary.
In cases of severe TBIs, treatment often involves immediate emergency care. Initial treatment may include stabilizing the patient’s condition, controlling bleeding, and managing swelling in the brain. This can involve medications to reduce intracranial pressure and surgeries to address severe injuries, such as removing blood clots or repairing damaged tissues.
Following emergency care, patients with severe TBIs often require extensive rehabilitation. This can include physical therapy to improve motor skills and strength, occupational therapy to assist with daily living activities, and speech therapy to address any communication or cognitive issues. The goal of rehabilitation is to help the patient regain as much function and independence as possible.
Regular follow-up appointments with healthcare providers are essential for monitoring recovery and managing any long-term effects of the injury. This may include cognitive assessments, ongoing therapy, and support for psychological issues that can arise from a TBI.
Proving a Trucking Accident Case that Involves a Head Injury
Proving the legal elements of a truck accident case that involves a TBI or other head injury requires establishing several key factors. These elements help show that the truck driver or trucking company was legally responsible for the accident and the resulting injuries.
- First, you must demonstrate that the truck driver or trucking company was negligent. Negligence means that the driver or company failed to meet a standard of care expected in their situation, leading to the accident. For example, if the driver was speeding or not following safety regulations, this may be considered negligent behavior. Evidence such as police reports, witness statements, and expert testimony can prove negligence.
- Second, you need to establish that this negligence directly caused the accident. This involves showing that the driver’s or company’s actions were the primary reason for the crash. For instance, if a driver’s failure to check blind spots caused a collision, this may be evidence of direct causation. Medical records and accident reconstruction reports can establish this link.
- Next, you must prove that the accident led to your TBI or head injury. This involves showing that the injuries sustained were a direct result of the crash. Medical records are vital here, as they provide evidence of the injuries and link them to the accident. Diagnostic tests like CT scans or MRIs can confirm the presence and severity of a TBI or head injury.
- Finally, you need to demonstrate the extent of your damages. This includes not only the physical injuries but also the financial and emotional effects. Medical expenses, including hospital bills, therapy costs, and ongoing care, must be documented. Additionally, any loss of income due to your inability to work and the effects on your quality of life should be included. Personal testimony about how the injury has affected your daily life and mental health can also be important.
Settling or Litigating a Truck Accident Case Involving a Head Injury
Handling the settlement or litigation process in a truck accident case to pursue compensation for a head injury involves several important steps. At Shunnarah Truck Accident Lawyers, here’s how we can manage this process for you:
- Initial Consultation and Case Evaluation – We will start by meeting with you to discuss the details of the accident and your head injury. This helps us understand the circumstances, gather initial evidence, and determine the strength of your case. We will review medical records, accident reports, and other relevant documents to assess your situation.
- Gathering Evidence – To build a strong case, we must collect evidence proving that the truck driver or trucking company was at fault. This includes obtaining police reports, witness statements, and accident scene photos. We will also gather medical records and expert opinions to establish the link between the accident and your head injury. This evidence is imperative for negotiating a fair settlement or presenting your case in court.
- Negotiating with Insurance Companies – We will often negotiate with the insurance companies involved before filing a lawsuit. Our goal is to reach a settlement that covers your medical expenses, lost income, and pain and suffering. We will use the evidence gathered to argue for a fair compensation amount. If the insurance company offers a reasonable settlement, we can work to finalize it without going to court.
- Filing a Lawsuit – If negotiations do not lead to a satisfactory settlement, we will file a lawsuit. This involves preparing a legal complaint detailing the allegations against the truck driver or trucking company and submitting it to the court. We will then handle all aspects of litigation, including managing court dates, responding to legal motions, and presenting evidence to support your case.
- Discovery and Pre-Trial Activities – Both sides exchange information and evidence during the discovery phase. We will prepare for depositions, where witnesses and experts may be questioned under oath. This stage is crucial for building a strong case and preparing for trial.
- Trial Preparation and Court Presentation – If your case goes to trial, we will prepare thoroughly by organizing evidence, preparing witnesses, and developing legal arguments. In court, we will present your case to the judge or jury, aiming to prove fault and demonstrate the extent of your injuries and damages.
- Settlement or Verdict – After presenting the case, a settlement may still be possible before a verdict is reached. If the trial concludes, the judge or jury will deliver a verdict. If successful, we will work to ensure you receive the compensation awarded.
Throughout this process, our goal is to advocate for your best interests and secure fair compensation for your head injury. Your experienced truck accident attorney will be right by your side every step of the way.
Factors that Can Affect the Value of Your Truck Accident Case
The value of a truck accident head injury case can vary based on several factors, and understanding these factors can help you get a clearer picture of what to expect in terms of compensation. Here are some key factors that may affect the value of your case:
- Severity of the Injury – The extent of your head injury significantly determines your compensation. Severe TBIs or other major head injuries can lead to higher compensation amounts. This is because more serious injuries often result in greater medical expenses, longer recovery times, and more substantial long-term effects on your quality of life.
- Medical Expenses – The total cost of medical treatment for your head injury will also be a major factor. This includes hospital bills, surgeries, medications, and ongoing therapies, such as physical or cognitive rehabilitation. The more extensive the treatment required, the higher the compensation needed to cover these costs.
- Effects on Daily Life – If your head injury lessens your ability to perform everyday activities or affects your personal relationships, this can increase the value of your case. The extent to which your injury has altered your lifestyle, including any loss of independence or difficulty with routine tasks, is considered in compensation calculations.
- Lost income – If your head injury prevents you from working, you can claim compensation for lost earnings. This includes the income you have already lost and any future earning potential if your injury affects your ability to work long-term. This factor is especially important if your injury leads to permanent disability or significant changes in your employment status.
- Pain and Suffering – Compensation for pain and suffering reflects the physical pain and emotional distress resulting from your injury. This is a subjective measure, and the amount awarded can vary based on the severity of your injury and its effect on your life. Documentation from medical professionals and personal testimony can support these claims.
- Punitive Damages – In some cases, punitive damages may be awarded if the truck driver or trucking company was particularly negligent or reckless. These damages are intended to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are less common and depend on the specific circumstances of your case.
- Insurance Coverage – The amount of insurance coverage available can also affect the compensation you receive. The limits of the truck driver’s or trucking company’s insurance policy can influence how much compensation you can recover.
Each of these factors can affect the total compensation you can recover in your truck accident claim or lawsuit.
Call an Experienced Truck Accident Lawyer Today
If you sustained a TBI or other serious head injury in a recent trucking accident, the knowledgeable team at Shunnarah Truck Accident Lawyers is ready to help. We can promptly evaluate your case, determine your options, and pursue the financial compensation you deserve for your accident-related losses.
For a free case evaluation and legal consultation with an experienced truck accident attorney, please call us at (205) 957-4995 or contact us online right away.