4 Common Accidents That Cause TBI

Traumatic brain injuries occur when a bump, blow or jolt to the head causes an alteration in consciousness. The skull normally protects the brain, but when an outside force is applied, your brain may strike the walls of the skull or absorb substantial force. Many types of accidents can cause traumatic brain injury, including:

Construction Accidents

Construction sites offer many opportunities for serious injury, including traumatic brain injuries. Anyone who visits a construction site, whether working on that site or not, should wear a hard hat to protect against traumatic brain injury. Hard hats can reduce the severity of force to the head, decreasing the extent of those injuries and helping protect construction workers and other visitors to construction sites. Unfortunately, even wearing a hard hat may not offer enough protection to completely prevent TBI. On construction sites, victims may suffer traumatic brain injury due to objects falling on the head or due to falls.

Who bears responsibility for a traumatic brain injury on a construction site?

• The construction company. If the construction company fails to take appropriate safety precautions, it may often bear responsibility for any accidents that occur on the construction site. If you work for the construction company that caused your injuries, you may need to apply for workers’ compensation, rather than filing a brain injury claim.
• The owner of the site. Sometimes, construction workers may take every possible step to ensure the safety of the worksite, but the owner of the premises fails to provide adequate safety measures for both workers and visitors to the site.
• Equipment manufacturers. When equipment, especially safety equipment, fails, leading to an accident with traumatic brain injury, the manufacturer of that equipment may bear responsibility for the accident.

Slip and Fall Accidents

In some cases, slips and falls can cause much more than just embarrassment. When you strike your head as you slip and fall, whether it hits the ground or hits an object near the site of your fall, you may suffer traumatic brain injury from your slip and fall accident. Sometimes, slips and falls may occur no matter how many safety precautions the premises owner takes. In other cases, however, the premises owner may fail to take appropriate precautions to keep visitors to the premises safe, including:

• Clear wet floor or slip hazard signs in slippery areas
• Handrails at stairs
• Clear indications of stairs
• Clear walkways free of debris
• Dry floors for customers to walk on
• Uneven stairs
• Other dangerous conditions

Who bears responsibility for a traumatic brain injury in a slip and fall accident?

• The premises owner. If the premises owner fails to create a safe environment for workers and visitors to that site, especially if the premises owner fails to take appropriate safety precautions after being warned of a potential hazard, the owner may bear responsibility for traumatic brain injuries as a result of the slip and fall.
• The business that operates in the space. Businesses should have clear procedures for dealing with fall hazards, from cleaning up spills to creating a safe walkway for patrons in icy or rainy weather. If the business fails to provide necessary safety measures for patrons, the business may bear liability for any injuries.

Auto Accidents

Auto accidents can cause a wide range of injuries, including traumatic brain injury. In an auto accident, the two vehicles generate a great deal of force when they crash into one another. Passengers and drivers in the affected vehicles may have their heads thrown into the back of the seats or into the windshield. Worse, if passengers are ejected from the vehicle, they may strike the road or other objects around the road. Auto accidents involving big trucks may cause more severe injuries due to the big truck’s greater mass.

Who bears responsibility for a traumatic brain injury in an auto accident?

• The driver who caused the accident. When one driver clearly causes the accident, either through distraction, driving drunk, or not following the rules of the road, that driver bears liability for a traumatic brain injury sustained in the accident.
• A mechanic who recently examined the car. If a mechanic does work on the car, but fails to properly repair the damage, and that damage leads to an accident, that mechanic may bear liability for any damage done in that accident, including traumatic brain injury. The mechanic may also bear responsibility if he saw a potential hazard, but failed to report it or to repair the damage.
• The vehicle manufacturer. When the vehicle’s parts fail, causing an accident, the manufacturer may bear liability for the accident, including traumatic brain injury sustained in the accident.
• A bar or restaurant that over served the driver. Bars and restaurants must pay attention to how much alcohol they serve their patrons. If the bar or restaurant workers recognize that their patron plans to drive, but over-serve that individual anyway, the bar or restaurant may share liability for any injuries caused as a result of the accident.

Nursing Home or Hospital Accidents

Many people in hospitals and nursing homes have a higher risk of falls due to their injuries or age. As a result, the nursing home or hospital must take precautions to decrease the odds that the patient will slip and fall. Unfortunately, when elderly or ill individuals suffer falls, they may also suffer more severe injuries than a healthy individual who can catch himself if he starts to fall. Elderly or ill individuals may also suffer more pronounced symptoms of traumatic brain injury as a result of their increased weakness.

Who bears responsibility for a traumatic brain injury sustained in a hospital or nursing home?

When a nursing home or hospital fails to provide proper care for an individual in its care and that negligence results in a slip and fall, the facility may bear responsibility for any injuries sustained as a result of that negligence, including traumatic brain injury.

What If You Contribute to or Cause Your Accident?

In some cases, your own actions may cause or contribute to the accident that results in your traumatic brain injury. Ultimately, however, brain injury cases are complex, so don’t assume you bear any responsibility for your injuries—it’s often difficult to identify who or what entity caused the injury. In these cases, an experienced brain injury attorney can help you identify and hold any responsible parties accountable.

Common Symptoms of Traumatic Brain Injury

Traumatic brain injury can cause a wide range of symptoms in accident victims. In many cases, traumatic brain injuries change many aspects of the victim’s life.

• Loss of consciousness immediately after the accident
• Sleep disturbances: insomnia or excessive fatigue
• Ringing in the ears
• Vision difficulties
• Confusion/disorientation
• Cognitive challenges
• Difficulty focusing
• Difficulty with emotional regulation
• Memory problems
• Depression and Anxiety
• Post-traumatic headaches/migraines

Some people recover within weeks or months after a traumatic brain injury. Other victims, on the other hand, find that their symptoms linger for years. Some victims of traumatic brain injury have symptoms that change the rest of their lives.

Seeking Compensation After a Traumatic Brain Injury

The compensation you receive after a traumatic brain injury can help you move forward with your life, including seeking training in a new job field or making needed modifications to your home—not to mention allowing you to pay for your medical bills. Many people ask, “How much is my traumatic brain injury worth?” The compensation you receive may vary depending on the extent of your injuries, your projected recovery, and the extent of the insurance policy that will cover your injuries. Many victims of traumatic brain injury ask for:

• Compensation for medical bills, including long-term care or in-home care if needed after the accident
• Payment for pain and suffering
• Compensation for lost wages when you must miss time at work after your injuries
• Compensation for lost earning potential if your injuries prevent you from returning to your former profession

Do you really need an attorney to seek compensation for a traumatic brain injury?

When you have a traumatic brain injury, having an attorney on your side offers many advantages.

• An attorney will provide valuable advice about how much compensation to expect. Many insurance companies will issue a low settlement offer immediately after your accident. An attorney will let you know when to accept that offer and when to hold out or negotiate for a better offer. A brain injury attorney will also help you fully understand exactly how much compensation you deserve for your injuries.
• An attorney will take on negotiations for you. Instead of dealing with the insurance company yourself, you can turn those responsibilities over to the attorney.
• An attorney will help collect evidence. You may need evidence to prove who caused your traumatic brain injury and how much compensation you deserve. An attorney will help gather that evidence, including seeking out expert witnesses if needed.

Contact a Del Mar Brain Injury Attorney Today

When you suffer a traumatic brain injury in an accident due to another party’s negligence, you need a brain injury attorney that will fight for you. Contact Gomez Trial Attorneys today at (866) 395-6792 to schedule your free consultation.