Trucks are common vehicles on California roads, from small delivery trucks transporting goods across towns to 18-wheelers moving on the highways. Whereas these autos are necessary for keeping businesses running and shelves stocked, they pose a severe risk if motorists do not use common sense and caution. Due to their increased weight and large size, truck collisions often involve severe injuries such as TBI (traumatic brain injury).

What Is a TBI?

A TBI is a severe injury resulting when the brain is subject to an unexpected, violent force that makes it shift or move inside the skull. The movement or shifting can cause brain tissue damage, hematomas, bleeding, and other dangerous conditions.

The brain is connected to the whole body. Therefore, TBIs are severe. In some cases, these injuries may leave someone with lifetime impairment. Should a person survive a traumatic brain injury and recover, they could still suffer attention problems, cognitive issues, behavioral or personality changes, headaches, and other health issues.

People who incur TBIs need immediate medical care because of the serious nature of the injury. In more severe cases, TBIs can result in coma, paralysis, or death.

Semi-truck collisions are among the most dangerous accidents because of the vehicle's weight and size. When a truck is involved in an accident with another automobile, the impact’s force can trigger a traumatic brain injury.

TBI treatment can vary based on how severe the injury is. For mild injuries, observation and rest may suffice. Medication, surgery, and rehab may be mandatory in severe cases. Rehab may involve speech, occupational, and physical therapy to assist the

Types of TBIs from Truck Accidents

Between longer brake periods, larger blind spots, and a wide turn radius, a truck collision can easily occur if the driver is not paying enough attention to the roadway. Sadly, truck accidents because of distracted and drowsy driving are highly prevalent incidents for drivers, who frequently must drive long distances on tight schedules.

Irrespective of the accident's root cause, any collision that happens due to a negligent trucker can cause several types of TBIs, including the following:

Penetration Injuries

Penetrating injuries generally arise when your head hits an object in an accident, and the object breaks through the skull, causing damage. The injuries can also happen when the skull itself fractures due to the impact. You might also suffer a concussion during a truck collision, which might be characterized by loss of consciousness. You may also face the likelihood of spinal cord or nerve damage that can result in paralysis.

Closed Head Injury

A closed head injury happens within the skull and does not necessitate any kind of puncturing wound. Diagnosing closed injuries may be more challenging, and they may necessitate medical scans. That is why you want to always go to the doctor if involved in a truck accident, even if you do not feel or appear hurt. You could suffer a diffuse axonal injury where brain tissue is compressed, torn, or stretched because of an unexpected stop, or a coup-contrecoup injury if the brain gits against the sides of your skull in the course of the accident. 

Brain Herniation

Sometimes, a truck collision’s impact may make the brain swell since it bounces inside the vigorously moving skull. The swelling, together with possible bleeding, may result in excess pressure accumulating in the skull, forcing the brain to become compressed or shift out of position. The compression is called brain herniation and can cause irreversible brain damage, strokes, or the victim's demise.

If you have been in a truck accident because of a reckless trucker, you want to understand that treating brain herniation is usually arduous and possibly life-threatening. If the condition is severe, doctors must take drastic measures to prevent the occurrence of more damage. A surgeon might have to extract a section of the skull to provide the brain space, remove the blood and blood clots to make the swelling stop, or put a drain into the brain to drain cerebrospinal fluid.

Skull Fractures

The impact of a truck collision can make passengers (both from the truck and any other vehicle in the accident) knock their heads on windows, dashboards, and seat backs. This impact could result in severe skull damage, which could eventually expose the brain to more damage.

A fracture to the skull can take various forms based on the location of the impact on the skull, how hard the skull was hit, and the nature of the object that caused the impact. These types of injuries include the following:

  • A linear fracture is a crack in the skull that is a straight line. It does not distort the bone.
  • A depressed fracture arises when the skull is crushed inwards, towards the brain.
  • An open fracture, also called a compound fracture, occurs when a break in the skin exposes splintered bone.
  • A closed fracture, also called a simple fracture, is when there is a break in the bone and no damage is caused to the skin.

Even though there are four various types of skull fractures, they are all especially dangerous and must be treated promptly to prevent more TBI risks.

TBI Signs and Symptoms to be Watchful for After a Truck Accident

Symptoms to show you might have sustained a TBI after involvement in a truck accident include:

  • Wide pupils
  • Lost consciousness
  • Limited pupil movement
  • Redness, pain, swelling, or warmth around the trauma site
  • Vision problems, like blurry vision
  • constant headache or a headache that worsens
  • Issues with me more, like memory loss
  • Confusion
  • Difficulty concentrating
  • Nausea or vomiting
  • Seizures
  • Dizziness
  • Slurred speech
  • Sensory impairments
  • Problems with logical reasoning
  • Inability to awaken from sleep
  • Lost coordination
  • Inability to wake up
  • Irritability and impulsivity
  • Changes in emotions, behaviors, and personality
  • Coma
  • Numbness or weakness in the extremities.
  • Balance issues and other motor challenges

If you notice any of these symptoms after a truck collision, seek urgent medical attention. In fact, if you knocked your head, no matter how shallow the impact was, do not wait until you start experiencing the signs to seek medical care. Visit the hospital and ask your doctor to consult a brain scan or MRI to rule out any internal damage that might have occurred.

A TBI Can Impact Your Life

Sometimes, truck collision victims might only sustain short-term, mild symptoms from their traumatic brain injury that pose minor disruptions to their lives. In other cases, traumatic brain injuries might result in long-term emotional and cognitive problems, like difficulty reading, controlling anger, or concentrating. More serious cases involve ongoing therapy and 24/7 care for essential needs.

Regardless of the extent of seriousness, TBIs from truck accidents often impact motor skills and concentration and might also lead to vision problems and other health issues that can hinder you from operating a vehicle or holding onto employment in the days to come. You might have to go through expensive rehab to learn new coping mechanisms that will help you deal with the permanent impact of a traumatic brain injury.

Settlements in Truck Accident TBIs

Life after suffering a TBI is not easy. Even a survivor with a mild brain injury can experience lasting impacts that affect their livelihoods for a lifetime. And for the people who suffered catastrophic traumatic brain injuries, the consequences, costs, and challenges are even more significant.

California personal injury law permits victims who sustain TBIs because of others’ negligence to pursue compensation for their injuries and losses by filing a personal injury claim lawsuit. A successful verdict or settlement for a TBI injury can provide much-needed income for the affected people and their families to rebuild their lives.

Before agreeing to any TBI settlement, talk to an experienced personal injury truck accident lawyer. Insurers understand that stakes are high in TBI claims and find every chance to slash victims’ payouts. If you have appropriate legal representation, your chances of recovering the damages you deserve are high.

Types of Compensation in TBI Injury Cases

If another party’s negligence led to your traumatic brain injury, you may be eligible to pursue damages by filing a personal injury lawsuit or claim. If you win your lawsuit or claim, you may recover damages for:

  • Medical expenses—you may be eligible for recovering damages for past, present, and future medical costs associated with your injury. This may include damages for surgery costs, hospital bills, prescription drug costs, lodging and meals, physiotherapy expenses, and other expenses related to your recovery.
  • Lost wages and loss of future earning capacity—if you cannot resume work after suffering a traumatic brain injury, you may claim damages for your diminished or lost earning capacity and lost wages.
  • Pain and suffering—suffering a TBI can be stressful, both emotionally and physically. After a collision, you may pursue damages for emotional suffering, physical pain, loss of enjoyment of life, PTSD, and mental anguish through a suit.
  • Other losses—if you win a truck accident TBI lawsuit or claim, you may seek to recover damages for property damage, vocational training, child care, domestic services, and other losses you suffered because of the accident.

Punitive Damages In Truck Accident TBI Cases

You may be entitled to punitive damages based on the facts of your TBI case, although juries rarely award them. Punitive damages are awarded to punish the liable party for being excessively reckless, malicious, and grossly negligent. For example, if an intoxicated trucker with two past DUIs knocks you down, the jury may award you punitive damages. The award aims to prevent or deter similar conduct from occurring again.

Remember, insurance does not cover punitive damages. Thus, if you wish to claim punitive damages, you must ensure the negligent party has enough money to pay a punitive damages award.

How Much Is a Truck Accident TBI Case Worth?

It is impossible to state precisely how much a truck accident TBI case is worth. That is because calculating the exact settlement value entails analyzing the possible damages in a case and reviewing the facts.

That said, every traumatic brain injury case is unique, so the settlement value can vary significantly based on how severe the TBI is, the percentage of liability, and recoverable damages. Considering the great differences among cases, the settlement amount for a traumatic brain injury after a truck collision averages between thousands and millions of dollars. This significant range is not helpful, so you want to speak with a skilled lawyer to know how much your case is worth.

Your attorney will help you calculate and document your losses to establish a fair case value. Doing this can be difficult. It is easy to determine your medical costs by tallying your bills, but what of future expenses for medical care? Or the pain, suffering, and emotional distress you went through. That is where the experienced TBI lawyer comes in handy.

Generally, the more serious the TBI is, the higher the compensation amount you may receive. A severe TBI is when the victim has substantial cognitive and physical impairments. A skilled TBI lawyer can approximate the worth of your case after reviewing it.

There is no fixed settlement value for a given medical problem, so it is critical to call a lawyer who can assist in calculating your losses. The lawyer will give you an overall idea of your claim’s value, assist in negotiating a settlement with the at-fault party, or fight for you in court should it come to that.

What to Do After a TBI Truck Accident

TBI symptoms may not manifest immediately after an accident. However, whether your collision was severe or minor, take these steps, as they will ensure your rights are safeguarded during a TBI accident claim:

Find Safety

Ensuring you are safe should be your priority after your involvement in a truck accident. The neck and head might be highly sensitive, so you must be extremely careful if you have to move. Minimizing movements may be ideal based on the severity of your head injury.

Call the Police

Immediately contact the police to come to the accident scene and take a police report. Do not speak with the other involved parties concerning liability. Although it might naturally come to you to apologize, avoid apologizing even if you believe you were the one at fault since anything you say could be used against you during your claim process.

Speak With Eyewitnesses

Testimony from eyewitnesses may be solid evidence in a TBI accident claim. Gather the following details from eyewitnesses at the scene of the accident:

  • Name
  • Work and home address
  • Phone number
  • Email address

Establish where the witness was when the accident occurred, what they might have heard or seen, and where they were going or coming from.

Seek Medical  Treatment

If you suffered a blow to the head, you want to seek urgent medical care, whether or not you believe the injury is severe. TBI symptoms might develop after some time, so it is critical to have head trauma treated before you sustain permanent damage. Remember, if you show any of the signs we mentioned above, then it is likely that you have sustained a traumatic brain injury.

Always document your medical costs, medication management, doctor information, and a written account of your progress in your treatment. Also, note how you feel daily and any symptoms you develop since you might not always recall seemingly minor details that could significantly affect your general diagnosis.

Call a Lawyer

After undergoing the necessary treatment, speak with an experienced TBI attorney to know your options regarding recovering damages from the negligent party. Most people are reluctant to file a claim because they do not like the idea. However, your injury might drastically affect your financial and physical well-being. TBIs can impact your entire life, and seeking damages can provide you with resources you might know you will need for recovery in the future.

Why a Lawyer Is Important After Suffering a TBI in a Truck Accident

When recovering from a truck collision TBI, you need not spend all of your time worrying about how to take care of your bills. You are entitled to recover damages for your medical expenses, ongoing treatment, and non-tangible losses from the crash, such as pain and suffering. An experienced TBI lawyer can:

Overcome Prevalent Insurance Strategies

Insurance adjusters are usually interested in dying or reducing accident victims’ claims. They may try to deny paying if the traumatic brain injury was the result of something that is not direct, blunt force trauma, or attempt to shift the blame for the collision to you. A lawyer can help overcome these common strategies and handle all communications with insurance adjusters for you.

Investigate the Accident Cause

You might have been incapable of personally collecting eyewitness contact information after a severe truck collision if you had to be carried to the ER immediately. An attorney can help demonstrate your case by using various sources of evidence, like eyewitness accounts, testimony from crash reconstructionist experts, truck company employee records, and medical documentation.

Sue the Liable Party

You have to seek to recover damages directly from the negligent trucker or other liable parties if the insurance provider refuses to settle or insists on settling for less than what you are worth. After a comprehensive investigation, your lawyer may establish that the trucking company is liable for the accident for logbook violations, lax maintenance routines, and negligent hiring practices. Or, the lawyer may establish that the manufacturer of a specific faulty part of the truck was to blame.

Find an Experienced TBI Truck Accident Personal Injury Attorney Near Me

It may take some time to comprehend the full effect of a TBI. However, just as you need to see a doctor immediately, you should also contact a skilled lawyer as soon as possible to determine if you have an insurance claim. At Los Angeles Car Accident Attorney, we have expert truck accident attorneys who know how critical it is to act quickly in these kinds of cases.

If you have sustained a TBI after a truck collision, you may qualify to recover damages from the at-fault party. Call us at 424-237-3600 for a consultation and learn about your legal options. Treating a TBI can be costly and ongoing. Do not let the opportunity to receive a little financial assistance slide. Call us now!