Depending on the circumstances of your crash, suing for a brain injury after a truck accident is a possibility. You must be able to prove another party was liable for the accident and that the accident caused your injury.
How a Truck Accident Causes a Brain Injury
A brain injury usually happens when the head or body sustains a severe blow or jolt, according to the Mayo Clinic. The Mayo Clinic defines TBI as when “an external mechanical force causes brain dysfunction.”
A four-door car weighs about 3,000 pounds, compared to a loaded tractor-trailer, that can weigh 80,000 pounds or more. With these weight differences, it is not surprising that the impact of a truck crash could result in many significant injuries, including TBIs. Even a mild TBI, as in a concussion, can cause brain dysfunction for a limited time. The damage from a severe TBI can lead to long-term impairment or death from the physical damage to the brain.
Parties That Can Be Liable for a Traumatic Brain Injury from a Truck Accident
Liability for a TBI from a truck accident will fall on the person or entity whose carelessness caused the accident. Some common at-fault parties in these wrecks include:
- The truck driver
- The driver of another vehicle
- The trucking company
- The manufacturer of the truck or truck part, like the tires or brakes
How to Determine Fault in a Truck Accident
Most motor vehicle accidents result from someone making a mistake that sets things in motion for a collision. The law determines liability for negligence by applying four elements, all of which we must prove to hold someone responsible for your losses. The factors are:
- The defendant (person we sue) must have owed you a duty of care. Everyone who operates a motor vehicle on the streets must do so with caution and obey the applicable laws.
- Breach of duty. It is negligence when a person fails to live up to a legal duty of care. Let’s say that the truck driver was driving 80 miles an hour in a 55-mph zone. Speeding is a negligent act, which is a breach of duty.
- The negligence must be the cause of the crash that injured you. If the truck driver could not stop in time to avoid a collision because he was speeding, and that crash harmed you, the facts satisfy the causation requirement.
- Measurable damages. If you have physical injuries, you have quantifiable harm. Meeting this element allows us to pursue non-economic damages, like pain and suffering.
How a Traumatic Brain Injury Can Impact a Person
can leave a person in an altered state of consciousness, like:
- Minimally conscious state
- Vegetative state
Traumatic brain injury can lead to intellectual problems, communication issues, social challenges, emotional changes, seizures, and cranial nerve damage.
Damages for TBI
After we prove who is liable for your injuries, we can ask the judge to award damages for your losses, which can include things like your medical bills, rehabilitation center costs, lost wages, diminished earning potential, pain and suffering, long-term care, and loss of enjoyment of life.
Suing for a Brain Injury from a Truck Accident
If you or a close relative has experienced a traumatic brain injury from a truck accident, call the Montero Law Center at 954-767-6500 for your free consultation.