Steven A. Bagen | March 7, 2025 | Car Accidents
Car accidents are a leading cause of traumatic brain injuries (TBIs) in the United States. While some injuries sustained in a crash can vary greatly, brain injuries are common. They can have severe and lasting consequences, affecting a victim’s cognitive abilities, motor functions, and overall quality of life.
You need a lawyer who understands the link between car accidents and brain injuries, can identify the liable parties, and knows how to pursue compensation to seek justice and financial recovery.
If you or a loved one suffers a brain injury in a car crash, seek professional guidance from a skilled car accident lawyer right away to get started on your case.
Can a Car Accident Cause Brain Injury?
Yes. Car accidents can cause traumatic brain injuries (TBIs), even in low-speed crashes. Symptoms may be severe, affecting cognitive and motor functions. If you suffered a brain injury in a car accident, you may be eligible for compensation.
Common Causes of Car Accidents
Several factors contribute to car accidents, many of which can result in severe head trauma. Some of the most common causes of car collisions include:
- Distracted driving: Distractions are always present while on the road, but drivers must focus entirely on the task at hand. Certain distractions, like texting, talking on the phone, eating, or adjusting the radio while driving, can lead to catastrophic crashes.
- Speeding: Speed limits are set for a reason, as they reflect the maximum safest speed considering the type of road, traffic conditions, and other factors. Excessive speed reduces reaction times and increases the force of impact, which can cause severe trauma, like head injuries.
- Drunk or drugged driving: Driving under the influence is illegal in every state. Alcohol and drugs impair a driver’s ability to react appropriately, leading to dangerous collisions.
- Reckless or aggressive driving: Drivers must drive safely and respectfully to keep themselves and others on the road free from danger. Sudden lane changes, tailgating, and road rage behaviors violate this duty and heighten the risk of serious accidents.
- Weather conditions: Rain, ice, and fog can make roads hazardous. Drivers must adjust their driving to accommodate weather conditions, but when they don’t, they increase the chances of crashes leading to catastrophic injuries.
- Failure to obey traffic signals: Obeying road rules and signals promotes road safety. Running red lights or stop signs often results in high-impact crashes, which can lead to head and brain injuries.
Determining the cause of a car accident is one of the most critical parts of a collision case. Once you understand how the crash occurred, other key details, like liability, grow clearer.
Types of Collisions that Can Most Often Cause Brain Injuries
Certain types of collisions are more likely to result in traumatic brain injuries due to the force of impact and the way the head is affected:
- Rear-end collisions: Even at low speeds, a sudden jolt from behind can cause whiplash and lead to brain injuries from the rapid motion of the head.
- Head-on collisions: These crashes are particularly devastating, as they involve two vehicles colliding with immense force, often resulting in severe head trauma.
- T-bone accidents: When a vehicle is struck from the side, occupants’ heads may be violently thrown against the window or side pillars, causing brain injuries.
- Rollovers: A rolling vehicle increases the likelihood of multiple impacts, heightening the risk of skull fractures and brain trauma.
While these accidents are most likely to result in head and brain injuries, any collision can cause severe trauma. If you suffer a brain injury in an auto accident, you should not hesitate to seek legal help as soon as possible.
Factors That Contribute to Brain Injuries in Car Accidents
Not all car accidents lead to traumatic brain injuries, but several factors increase the likelihood, including:
- Speed of impact: The greater the speed at the time of the collision, the higher the risk of head trauma.
- Airbag deployment: While airbags can prevent more severe trauma, they can still cause concussions or other brain injuries when they deploy with force.
- Direct impact: Hitting the steering wheel, dashboard, or window can result in a traumatic brain injury.
- Sudden whiplash motion: The rapid back-and-forth motion of the head can lead to concussions or more severe injuries.
These and other details can not only increase the chances of a brain injury but also the severity of the trauma. A car accident lawyer can determine whether any exacerbating factors contributed to your injury and how they may affect your claim.
Determining Liability for Brain Injuries in Car Crashes
Liability for a car accident can be one of the most important parts of a claim.
A fault may fall with one or more parties, including:
- Negligent drivers: If another driver’s reckless actions caused the accident, they can be held liable for damages.
- Employers: If the accident involved a commercial vehicle and the driver was working at the time of the crash, the driver’s employer may share liability.
- Vehicle manufacturers: If a defective vehicle part, such as faulty brakes or airbags, contributed to the crash, the manufacturer can be responsible.
- Government entities: Certain details, such as poorly maintained roads or malfunctioning traffic signals, may place liability on local or state government agencies.
You must determine and prove liability to secure damages in a lawsuit. A car accident lawyer can thoroughly investigate your accident to hold all liable parties accountable.
Types of Brain Injuries Caused by Collisions
Brain injuries resulting from car accidents can vary greatly in severity based on many factors, such as the type of collision and the force of impact.
Some common types of traumatic brain injuries include:
- Concussions: A TBI caused by a blow or jolt to the head, leading to temporary brain dysfunction. Symptoms include headache, dizziness, confusion, and memory issues.
- Contusions: A bruise on the brain caused by a direct impact, leading to localized bleeding. Severe contusions may require surgery.
- Hematomas: Blood clots forming between the brain and skull (epidural), under the dura mater (subdural), or within the brain itself (intracerebral), which can lead to dangerous pressure buildup.
- Diffuse axonal injuries: These injuries are caused by rapid acceleration or deceleration (such as in car accidents), leading to widespread brain cell damage. It can result in coma or severe long-term impairments.
- Penetrating brain injuries: This happens when an object pierces the skull and brain, causing direct damage to brain tissue.
- Coup-contrecoup injuries: This occurs when the brain strikes one side of the skull (coup) and then rebounds to hit the opposite side (contrecoup), causing damage in two areas.
Regardless of the type of brain injury you suffer, these injuries can have lasting impacts on your life, physically, emotionally, and monetarily. If you suffer a brain injury, fair compensation can provide the financial means to receive proper treatment and relieve some of the burdens caused by your accident. Understanding your legal rights is crucial—learn more about whether you can sue after a car accident and how to pursue compensation.
Potential Long-Term Effects of Brain Injuries
Unfortunately, some brain injuries can have devastating, long-term consequences, which can include:
- Cognitive impairments: Memory loss, difficulty concentrating, and reduced problem-solving abilities.
- Physical disabilities: Loss of motor function, chronic headaches, or seizures.
- Emotional and behavioral changes: Depression, anxiety, mood swings, and personality changes.
These impacts can affect a person’s life and make it much more difficult for loved ones. A brain injury can substantially interfere with your life, making your pursuit of justice much more important.
Pursuing Compensation for Brain Injuries Caused by Auto Collisions
Victims of car accidents resulting in brain injuries can seek compensation in various ways, depending on the circumstances. A car accident attorney can determine the best way to seek financial recovery and ensure you obtain the compensation you’re owed.
Filing an Insurance Claim
In many cases, car accident victims can start by filing insurance claims. When you file an insurance claim, you’re asking the insurance company to cover your accident-related damages, including medical bills and lost earnings.
The way you go about filing an insurance claim depends on your state’s fault laws. You can file a third-party insurance claim against the at-fault driver’s insurer in a fault state. On the other hand, in a no-fault state, you will file a first-party claim with your own insurer.
If you can secure fair compensation through an insurance claim, you may not need to take any additional steps. However, if the insurance company is unwilling to settle your claim, they deny your claim altogether, or you require more compensation, you may have other options.
Filing a Lawsuit
A personal injury lawsuit allows you to continue your pursuit of compensation with the assistance of the legal system.
You may need to file a lawsuit under certain circumstances, especially if you cannot get proper compensation from the insurance company. Additionally, if your injuries are severe and the value of your claim far exceeds what you can get from insurance, you may be entitled to file a lawsuit. This is the case in some states, like Florida.
Filing a lawsuit may seem stressful and overwhelming, but you can rely on your car accident lawyer to handle every aspect of your case. An attorney can do everything necessary to protect your rights and get you the most favorable outcome.
Types of Damages Available for Victims
Your damages may vary based on the details of your accident and the resulting injuries and losses.
Compensation may include:
- Medical expenses: Compensation for all medical needs, including hospital stays, surgeries, medications, and long-term rehabilitation.
- Lost income: Reimbursement for income lost due to inability to work. You may also receive compensation for future lost earnings.
- Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
- Disability: Compensation for any disability you may experience following your accident and injuries.
Determining how much your case is worth requires looking at several factors, such as the severity of your injuries, the total cost of your medical treatment, and the mental and emotional impacts of your accident. A car accident lawyer can calculate your damages to ensure you receive appropriate financial recovery.
How a Car Accident Attorney Can Help
Facing a car accident claim may seem impossible, especially after dealing with a severe brain injury. A car accident attorney can play an invaluable role in helping you navigate your claim and secure maximum compensation.
They can assist by:
- Investigating the accident: Gathering evidence, witness statements, and expert opinions to establish liability.
- Negotiating with insurance companies: Ensuring you receive a fair settlement and don’t fall for insurance company traps, like lowball offers.
- Filing lawsuits: If necessary, pursuing legal action to secure rightful compensation.
- Handling legal complexities: Managing deadlines, paperwork, and legal proceedings.
A car accident lawyer contributes to your peace of mind and gives you a much better chance of getting the case result you need and deserve. Victims with legal representation often get much better outcomes than those that go unrepresented. Therefore, consult an attorney right away, as time is limited to file your claim.
If You Suffer a Brain Injury in a Car Accident, Seek Legal Guidance Right Away
Unfortunately, brain injuries are a very real consequence of car accidents. If you or a loved one has suffered a brain injury in an auto collision, seek legal assistance as soon as you are able.
Brain injuries can have life-altering effects, and pursuing fair compensation is essential to securing the medical care and financial support needed for recovery. An experienced car accident attorney can help navigate the legal process, hold the responsible parties accountable, and maximize your compensation.
Do not wait to take the first step. With the help of a trusted car accident attorney, you are leveling the playing field. By hiring an attorney, you have representation to advocate for full and fair compensation. This ensures you will not pay for bills on your own.
Don’t wait to take action – contact a car accident lawyer today to protect your rights and secure the justice you deserve.