Common Injury Accidents that Lead to Traumatic Brain Injuries

Screen Shot 2016-11-30 at 10.20.51 AM.pngIn the personal injury world, few injuries that a person can suffer are as life-changing and debilitating as a traumatic brain injury (TBI). While victims who suffer a mild TBI may be fortunate enough to make a full recovery, moderate or severe TBI victims are often left with some impairment or loss of functioning that remains long after the victim leaves the hospital. It is not unheard of for some young individuals who suffer severe traumatic brain injuries to recover millions of dollars in compensation through a personal injury lawsuit because of the past and future medical expenses, lost wages and earning potential, and pain and suffering such an injury can cause.

Top Injury Accidents Resulting in Traumatic Brain Injuries

Thankfully, traumatic brain injuries that result in some temporary or permanent loss of functioning and/or disability are not extremely common. Nonetheless, some injury accidents have a greater likelihood of resulting in a traumatic brain injury than others. These accident types include:

  •      Slips and falls: A slippery floor or a defective staircase can catch a person by surprise, sending them tumbling to the ground. In a slip and fall case, the victim may not have the time and/or coordination to brace him- or herself or take measures to protect his or her head. In a slip and fall, the victim may strike his or her head with a considerable amount of force, thereby resulting in a traumatic brain injury.
  •      Car accidents: The forces involved in any motor vehicle accident are sufficient to cause the head of a person to quickly go in one direction and then the other (this is not abated by the victim’s use of a seatbelt). This rapid acceleration and deceleration is sometimes referred to as “whiplash,” and it can result in a traumatic brain injury as the brain is “jostled” inside the skull. The greater the forces present in the crash, the more severe the traumatic brain injury can be.
  •      Pedestrian / bicyclist / motorcyclist accident: A pedestrian, motorcyclist, or bicyclist who is struck by a car is at an elevated risk of suffering a traumatic brain injury – especially if the bicyclist or motorcyclist is not wearing a helmet. These accidents can literally send the victim flying, causing the victim to strike his or her head on the ground or another object.

Traumatic brain injuries can also result from falls from heights (even “small” heights like a stepladder) and sports injuries. In both of these cases, wearing appropriate safety equipment and exercising caution can reduce the chance of a traumatic brain injury.

Take Action After a Traumatic Brain Injury

Unless you are absolutely certain you did not suffer anything other than a “bump on the head,” seek out medical care if you suffer a head injury. This is especially important if you lose consciousness for any length of time and/or experience amnesia. Then, call the Costa Mesa brain injury law firm of Case Barnett Law to review your legal rights and options. If your TBI was brought about because of another person’s careless or reckless actions, you may be entitled to compensation. You can reach Case Barnett Law at (949) 861-2990, or you can contact the firm online.

Driving Drugged: When Legal Prescriptions Cause Legal Headaches

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A recent USA Today report quoted the  National Highway Traffic Safety Administration as stating there has been a steady uptick in the number of traffic fatalities – including those in which one or more of the drivers involved tested positive for having marijuana or other illicit drugs in their blood at the time of the crash. As disturbing as this trend is, one does not have to use an illegal substance to be guilty of “driving while drugged.” Even over-the-counter and prescription medications can lead to traffic crashes that maim or kill other motorists. When this occurs, victims and surviving family members must be prepared to uncover the identity of the drug consumed by the at-fault motorist and prove that even those drugs meant to help can cause harm if taken before driving.

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What To Do After a Suspected Drugged Driving Case

Drugged drivers often exhibit the same or similar symptoms as a driver who is under the influence of alcohol: drowsy, difficulty in maintaining balance and coordination, impaired judgment, and slow reflexes. They may swerve within their lane of travel, cross over multiple lanes, leave the road, or drive erratically when they are behind the wheel. The difference between an alcohol-impaired driver and a drug-impaired driver will be the absence of the odor of alcohol.

One of the best pieces of evidence that can be used to establish liability for a car accident when it is suspected that the driver used drugs prior to getting behind the wheel is the results of any blood tests performed by the hospital or law enforcement on the suspected drugged driver. These results are easily lost if it is not promptly and appropriately requested that they be saved and preserved. Your California car accident lawyer knows how to take this simple yet vital step.

Few Defenses in Drugged Driving Cases

Some drivers believe that because they were taking a “legal” over-the-counter or prescription medication that they are not liable for any car crash that occurred as the result of their use of the drug. This is patently false – even simply Tylenol or other over-the-counter drugs (not to mention prescription drugs) can result in liability for a car crash if the medication impaired the at-fault driver and that impairment led to the crash. The judge or jury will need to take into account any argument by the at-fault driver that he or she did not know how the medication would have impacted his or her ability to drive when determining the damages attributable to the at-fault driver.

Case Barnett Law, your Costa Mesa personal injury law firm, is available and able to provide professional, dedicated, and compassionate representation to victims who have been injured in a crash caused by a drugged driver. We aggressively build the best possible case for our clients from the moment we are retained so that our clients have the best opportunity of recovering full and fair compensation as quickly as possible. Call our office today at (940) 861-2990, or contact us online, if you or a loved one was injured in a car crash.

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