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Effects Of TBI and Your Car’s Crashworthiness

Has someone you love suffered a traumatic brain injury (TBI) as a result of an accident? You need legal representation from a personal injury lawyer who understands the effects of TBI and the legal recourse available to victims.

So, what are the effects of TBI?

Traumatic brains injuries are classified as either being mild or severe. A brain injury is considered mild if loss of consciousness and/or confusion and disorientation lasts less than 30 minutes. A doctor will likely issue MRI and CAT scans, but these are often normal in mild TBI cases. The doctor will need to pay attention to the individual’s symptoms. Which can include cognitive problems such as headache, difficulty thinking and processing information, trouble remembering, attention deficits, frustration, agitation, and changes in mood.

If you or someone you love experiences any of the above symptoms after an accident, make sure to take note and see a doctor immediately. These problems can be overlooked or minimized, but they present real and dangerous consequences.

If an individual loses consciousness for more than 30 minutes and experiences memory loss longer than 24 hours after the trauma, the TBI is considered to be severe. Symptoms may include reduced functionality of limbs, emotional problems, speech impairment, or difficulty thinking. The individual may even slip into a comatose state. The type and severity of injuries and degree of recovery is varies on a case-by-case basis.

More than half of all traumatic brain injuries reported in the U.S. are caused by automobile accidents.

Trauma to the brain can result from a head hitting the windshield or steering wheel upon impact. This is known as blunt trauma. There may or may not be immediate evidence of head injury after an accident, so it is important to be fully examined by a medical professional immediately. Sometimes the sheer force of the accident can cause the brain to collide against skull. This can result in a contusion, or bruising of the brain, or even bleeding from the brain (hemorrhage).

Debilitating injuries can result from an automobile accident. There are a number of factors that will be evaluated after a crash. Discuss your injuries with an experienced attorney, so they can help determine if your injuries may be a result of your vehicle’s crashworthiness.

Crashworthiness is the ability of a vehicle to protect its occupants during an impact. In a “crashworthiness” case, it doesn’t matter who was at fault or how the accident occurred; what matters is determining if the vehicle protected the driver and any passengers presents in the vehicle during impact.

There is a duty called the “crashworthiness doctrine” which states that although a collision may not be the ‘normal or intended use of a motor vehicle,’ vehicle manufacturers must take accidents into consideration as reasonably foreseeable occurrences involving their products. The design and manufacture of products should not be carried out in an industrial vacuum, but with recognition of the realities of everyday use. The manufacturer must evaluate the crashworthiness of the product and take the reasonable and practical steps necessary to prevent particular crash injuries.

There could have been a pre-existing defect in the automobile, which may have actually caused the accident to occur, such as a glitch in acceleration or braking. Or a part in the vehicle could have been defective, resulting in injuries that may not have otherwise occurred. Seatbelts, airbags, tires, door latches, and any other vehicle part could have defects that affected the safety of the vehicle and its ability to protect you in an impact.

If you or someone you love has suffered mild or severe TBI as a result of a car accident, please contact an experienced attorney who can offer the best representation possible. They can help you determine if you vehicle’s crashworthiness resulted in the crash or caused the severity of your injuries. In any case, it is important to know your rights and have all the information. Contact us for a free case review today.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Effects Of TBI and Your Car’s Crashworthiness

Goldman Babboni Fernandez
Murphy & Walsh

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