A traumatic brain injury, or TBI, is one of the most serious non-fatal injuries that you can sustain in a motor vehicle accident. According to the National Safety Council (NSC), an estimated 38,800 people were killed in motor vehicle accidents in the United States in 2019. Motor vehicle crashes are the second-leading cause of unintentional death, behind only poisoning, and many people are killed every year in car crashes that lead to an injured head and brain.
Figures for nonfatal accidents involving head and brain injuries are just as alarming, with tens of thousands of head and brain injuries reported on an annual basis out of the six million or so vehicle accidents that occur on U.S. roadways every year, as per the National Highway Traffic Safety Administration (NHTSA). These injuries can be life-altering and can cost tens to hundreds of thousands of dollars to treat.
If you or a loved one suffered such injuries, contact a Johns Creek head and brain injury lawyer with Bader Scott Injury Lawyers for assistance. A member of our legal team can be reached at (404) 888-8888.
Common Causes of Injuries to the Head and Brain
Common causes of head and brain injuries are blunt force impact to the head, strong shaking of the head, and piercing of the skull. Even with basic and advanced accident safety features in cars such as seatbelts, airbags, crumple zones, collision avoidance systems, and anti-lock brakes, an accident can subject the occupants of a vehicle to dangerous levels of force that can cause severe injuries.
An impact with another vehicle or roadside fixture, rollover, frontal crashes, and rear-end accidents can all cause head and brain injuries, as can undercarriage, intersection, pedestrian, and speeding or reckless driving accidents.
In many cases, driver negligence and/or road and vehicle issues can cause or contribute to a traffic accident, leading to head and brain injuries in the process. There are many forms of negligence and several types of road and vehicle issues that can lead to such personal injuries, such as:
Driving negligence comes in many forms. Driving while distracted by either texting, eating and drinking, or interacting with other passengers while driving, are all forms of negligent driving. Speeding, driving recklessly, or driving under the influence of drugs or alcohol is also negligent driving. Not following road rules or driving without proper licensing are also forms of negligence and are not only dangerous but are against the law.
Road or Vehicle Issues
Frontal crashes are common on narrow roads. Rear-end crashes often occur in poor lighting, when traffic control devices are not present or not functioning, or when there are slippery road conditions or vehicle malfunctions such as a tire blowout or failed brakes. Dangerous curves, road damage, poorly marked roadside fixtures, unclear lanes, and sudden changes in traffic patterns can all cause or contribute to a wreck.
For a free legal consultation with a head and brain injury lawyer serving Johns Creek, call (404) 888-8888
Car Accident Cases Resulting in Head and Brain Injuries Can Be Complex
One of the most complex aspects of any car accident case is proving the duty of care. To learn how the duty of care is determined, call Bader Scott Injury Lawyers at (404) 888-8888. A Johns Creek head and brain injury lawyer can help you understand the importance of the duty of care and the role it plays in determining the outcome of your car accident case.
In general, though, you can only file a claim for damages after a car crash if you can prove that someone who owed you a duty of care, typically defined as driving safely, responsibly, and in accordance with established safe driving rules and norms, did not drive in such a manner and caused the accident. Furthermore, you must show that the actions of the at-fault party and the accident they caused led to losses on your part. These can be physical, financial, mental, emotional, or other losses.
Anyone driving on the road is usually assumed to owe other road users a duty of care. If you can show that someone breached the duty of care and caused an accident and can show proof of the losses you suffered, you may be able to file a personal injury claim with the at-fault party’s insurer. To do this, you need to collect evidence.
Johns Creek Head and Brain Injury Lawyer Near Me (404) 888-8888
Compiling Evidence to Support Your Injury Claim
Evidence that can be used to prove a breach in the duty of care, and the extent of your damages, includes:
- Photos of the accident or video recordings of the crash from dash cams or surveillance cameras.
- Cell phone usage records and/or the blood concentration level of the at-fault driver to prove distracted driving or driving under the influence.
- Drug or medication usage and/or the driving logs of, for example, a commercial truck driver to prove they worked beyond the allowable hours for a certain timeframe, fatigued driving, or driving while using medications that can cause drowsiness or fatigue.
- The official police report on the traffic accident, which you can usually obtain online or by visiting the police department that reported the accident. The fee for this service is usually minimal.
- The statements or testimony of eyewitnesses or bystanders.
- Vehicle repair logs in case a vehicle malfunction caused or contributed to the wreck.
Depending on how your car crash occurred, you may be able to file a claim against another driver, commercial trucking company, vehicle or parts manufacturer, or a local municipality responsible for road repairs or traffic control devices if those factors played a part in your accident. Once you have this evidence, you can submit it along with a letter of intent to sue to the at-fault party’s insurer. This is when your claim is formally initiated.
Contact the Office of a Head and Brain Injury Attorney in Johns Creek to Learn More
A Johns Creek head and brain injury lawyer can help you gather evidence, quantify your losses, and file a claim. Call Bader Scott Injury Lawyers at (404) 888-8888 for assistance with your claim and to learn more about how we may be able to help you.