According to the Centers for Disease Control and Prevention, a traumatic brain injury involves the disruption of the normal function of the brain. It can be caused by a variety of head injuries, including a bump to the head, a blow to the head, a sudden jolt to the head, or a penetrating head injury. This head damage then disrupts the normal functioning of the brain. The range of injury can be mild, such as a brief change in mental state, to severe, where there is an extended period of unconsciousness or amnesia after the injury.
After you’ve suffered through a truck accident that wasn’t your fault, your first thought probably isn’t preserving evidence that can help prove your liability claim.
But the problem is that in many instances the insurance company that provides coverage for the carrier that owns the truck that hit you is going to do everything it can to discredit your actions during the accident so that it can escape paying for your pain and suffering and lost wages.
When someone’s been injured, their first focus, of course, is on getting better. However, often, when someone has a personal injury case, the first question they ask their lawyer is, “How long will this take?” The question is understandable. Each time they visit their doctor or physical therapist, they must fill out forms regarding the nature of the treatment and the cause of the accident. They may have out of pocket expenses and mounting medical costs. Their family may be suffering. Of course, when someone is hurt due to another person’s negligence, carelessness, or deliberate act, they just want the case resolved and behind them. Thus, the question, “How long until this is over?”
You hear a lot about distracted driving and how it is a significant cause of car accidents in the U.S. every year. One report has found that there are nine fatalities due to distracted driving every day. And you probably know some of the most common types of distracted driving which include:
- Chatting With Passengers
- Applying Makeup
- Texting-While-Driving (including with a hands-free device)
- Using a GPS Device
- Watching Video
- Using Mobile Device To Check Social Media
But the question that’s more important is this: Do you know why the brain gets distracted and why it can’t focus on more than one activity while you’re driving?
The key to nearly every personal injury claim is the answer to the question of who was at fault, typically due to negligence.
Negligence is defined as an action or behavior that creates the risk of harm or injury to another person, and in most instances, there are several elements to proving a negligence claim, including:
- Defendant had a duty to provide reasonable care for another person’s safety
- Defendant breached that duty through some act (impaired driving, for example)
- Defendant’s breach of duty of care caused injury to another person
- Defendant knew or should have known the breach would cause injury or harm
- Claimant suffered injuries directly resulting from this breach
But negligence isn’t as simple as proving the defendant breached his or her duty of care, because if the defense can prove that the claimant contributed in any way to the accident, it can significantly affect a judgment.