The force generated by a car accident can break any bone in the body, including the skull. When the skull cracks, many people end up with a traumatic brain injury, which can leave them sidelined with headaches, confusion, and impaired movement. As an experienced Los Angeles car accident attorneys, we have seen clients suffer TBIs in many different types of car accidents, and we touch on some of the more common below.
Side Impact Collisions
These accidents occur when one vehicle hits another at a perpendicular angle. The front fender of one car slams into the side of another, forming a “T.” For this reason, side-impact collisions are also called “T-bone accidents.”
When struck in the side, motorists can be thrown sideways and slam into the side of the car. As they rebound, they can also strike another motorist sitting beside them, sometimes hitting each other in the skull. This violent rocking back and forth often causes a traumatic brain injury.
When a vehicle is following you too closely, they can slam into your rear end when you stop at an intersection. These rear-end collisions often cause passengers to suffer whiplash, where the head extends forward, usually beyond the regular range of motion, before snapping back in a whip-like manner.
This whip motion can also jiggle the brain around inside the skull, causing damage. Remember, traumatic brain injuries are not caused by cracked skulls but by damage to brain tissue and blood vessels, and any violent rocking can cause this damage. Even if you never crack your head on the steering wheel or dash board, the whip-like motion can injure brain tissue just the same.
These types of accidents are very deadly—though thankfully rare. In a head on collisions, both cars collide front-to-front, often at high speeds. Some head-on collisions occur because a drunk, fatigued, or distracted driver drifts out of their lane and collides with oncoming traffic.
As a vehicle suddenly stops, the body continues to move forward. If the motorist is not wearing a seatbelt and there is no airbag, he can slam into the windshield or the dashboard, hitting his head and suffering a brain injury.
Why You Need an Attorney
After an accident, you might be in a lot of pain and not know where to turn. Victims suffering from traumatic brain injuries often experience confusion, impaired speech, and difficulty remembering details. It can be hard in this condition to focus on receiving compensation for your injuries.
How to Bring a Lawsuit Against an Underinsured Driver Responsible for Car Accident Injuries or Death
In California, drivers are required to carry liability insurance, which helps to pay for damages they cause to others in a crash. However, drivers sometimes skirt the rules and evade this responsibility, thereby driving whilst uninsured. This means that when an accident occurs that is caused by an uninsured driver, the not-at-fault party may have difficulty in recovering compensation.
Consider the following about your legal options.
You Maintain the Right to File a Lawsuit
When you are involved in a car accident that is caused by the negligence of another party, you maintain the right to file a lawsuit for damages against that party. During the course of the suit, you will have to prove that the driver owed you a duty of care, breached the duty of care owed to you and that this breach of duty was the direct cause of your accident and damages.
You must also prove the extent of harm you have suffered, and can recoup compensation for the full value of your economic and noneconomic losses.
Unfortunately, claims against uninsured and underinsured drivers often prove futile. Indeed, injury claims following a car accident are most often paid by the defendant’s insurer; if the defendant does not have insurance, or does not have enough insurance to pay for damages, then the defendant too may lack the economic means to pay your claim. For this reason, filing a suit against the driver will likely be possible, but it could ultimately be a waste of time and resources.
What Are My Other Options?
Our Los Angeles car accident lawyers will guide you through your other options for recovery, as well as the potential of filing a lawsuit for injuries or death against an uninsured or underinsured driver. If doing so is not sensible, other options might include:
- Negotiating your medical bills and other expenses, potentially having these expenses forgiven;
- Filing a claim with your own insurance, such as your uninsured motorist coverage, underinsured motorist coverage, or medical payments coverage; or
- Filing a claim against another liable party – it’s important that your accident is thoroughly investigated as to identify all potentially liable parties, as this is critical for getting the maximum amount of compensation available.
Call Our Los Angeles Car Accident Attorneys to Learn More
Our Los Angeles car accident attorneys understand how devastating a car accident that results in serious injuries or death can be, and how traumatic it can be to learn that the at-fault party doesn’t have enough insurance to fully compensate you and your family. Not only do you maintain the right to file a lawsuit against this party, but you also have other recovery options available to you. Call our legal team today to learn more and schedule your free consultation.