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What Happens if I Suffer a Brain Injury in a Car Crash?
Often, when we think of injuries sustained in car crashes, we imagine either fatalities or those injuries that leave some kind of visible mark, such as broken bones or paralysis. Many people do not consider the role of brain injuries. Although the development of airbags has helped to reduce the incidence of head trauma and resultant brain injuries, they remain a common occurrence following wrecks.
Identifying the responsible party may be a relatively straightforward process in many instances. This is often the case in collisions that only involve two vehicles. In situations involving multiple cars, figuring out who may be responsible can prove more challenging. This challenge may be complicated based on the extent of the brain injury sustained in the wreck. This is why if you or a loved one suffered a brain injury in a multi-vehicle collision, you must contact our firm’s experienced injury attorney. Our team can take the burden off your shoulders and allow you to focus on your recovery journey while we handle your legal issues for you.
What is a Brain Injury?
Brain injuries are known in medical literature as traumatic brain injuries, or TBIs. Because of the complexity of the human brain, medicine is still developing a more complete understanding of how it functions. While TBIs have been the subject of intense study for many years, technology is only now allowing medical science to fully understand them.
There are two broad types of TBIs: penetrating, or open TBIs; and non-penetrating or closed TBIs. As the names imply, a penetrating TBI occurs when a foreign object penetrates the skull and enters the brain. A closed TBI occurs when someone’s head is struck with enough force that it jars the brain inside the skull, resulting in damage. Either type of TBI can lead to lifelong consequences. Some lingering effects of a TBI can include, but are not necessarily limited to:
- Impaired Cognitive Ability
- Memory Loss
- Tinnitus (Chronic Ringing in the Ears)
- Loss of Coordination
- Mood Instability
- Vision Problems
- Chronic Exhaustion
- Seizures
- Depression
- Sensitivity to Light and Sound
Depending on the severity, someone who suffers a TBI may require lifelong care and medical attention. This can prove expensive. If you suffered a TBI in a multi-vehicle collision, an injury attorney is vital to receiving the long-term care you need.
Who is Responsible in a Multi-Vehicle Accident?
Determining who is responsible in a multi-vehicle accident can be a challenging process. Iowa operates on the principle of “comparative negligence.” Comparative negligence means the law recognizes multiple people may be responsible for one accident, but that not all parties share equal responsibility. When considering an accident case involving multiple vehicles, a judge or jury must decide the extent to which each party was responsible, if at all. This is done by assigning percentage points.
Suppose you stop at a red light. The driver behind you is not paying attention and slams into the back of your car. The driver behind them was paying attention but was speeding and could not hit their brakes quickly enough to avoid a collision. In this instance, a jury may decide you are at 0% fault, the driver behind you was at 75% fault for not paying attention, and the third driver was 25% at fault for speeding. In this scenario, you might be able to collect from both drivers.
Comparative negligence also means that drivers can be held responsible for their own injuries. Reconsider the above scenario, but you were checking your phone this time and did not realize the light was about to change. You slammed on your brakes at the last minute, causing the driver behind you to slam their brakes and hit your car. This causes a chain reaction that results in other vehicles colliding. In this scenario, you may be found partially at fault. As long as you are not found to be more than 50% at fault, you would still be able to collect a certain percentage of damages from the other drivers. However, if you are found to have been 50% or more at fault, you may not be able to collect. An experienced injury attorney can review the circumstances of your case and help determine how best to proceed with a lawsuit.
Should I Settle with an Insurance Company if I Suffer a Brain Injury in a Multi-Vehicle Accident?
Many individuals may be tempted to quickly settle with an insurance company if they are in an accident. This is especially true if a TBI is involved and you or your loved ones are eager to receive payment to help with medical expenses. Settling too quickly with an insurance company or settling without consulting an attorney can be a crucial mistake.
Often, insurance companies will try to settle as quickly as possible with a driver once they know a TBI is involved. This is because TBIs can be expensive to treat. Insurance companies will want to settle as fast as possible for as little as possible to avoid having to pay out more in a costly lawsuit or settlement. If multiple drivers were responsible for your TBI, this could potentially mean multiple large payouts from more than one insurance company.
What Should I Do if I Sustained a Brain Injury in a Multi-Vehicle Crash?
TBIs can be complex to treat, and care may last for the rest of your life. Even relatively minor TBIs may require several months or years of rehabilitation and medical care before you have fully recovered. This can potentially impact your ability to find or maintain employment and make paying for hospital and other medical bills challenging. If you or a loved one sustained a TBI in a multi-vehicle accident, don’t hesitate to contact Danny Cornell at Cornell Injury Law.
Danny Cornell is the warrior monk of Iowa law: a self-made man, military veteran, and 30+ year veteran of the legal field, Danny doesn’t consider injury law a job. He considers it a calling. Danny and the entire Cornell Injury team consider every case their most important case and treat them accordingly. We’re especially moved by cases involving TBIs and work to support both our client and their friends and families through the entire legal process. We don’t consider our work done until you’re safe, happy, healthy, and moving forward from your wreck.
TBIs in car crashes can be frightening. With Danny Cornell and the Cornell Injury law team on your side, they don’t have to be. If you or a loved one suffered a TBI in a multi-car collision, call us today at 319-946-4019 to schedule your free consultation.
