Springdale Traumatic Brain Injury Attorneys (Truck Accidents)
No one leaves for work or to go shopping and expects to be involved in an accident. Springdale truck accidents are more commonplace than expected, and one of the most frequent injuries sustained in a crash is a traumatic brain injury (TBI). A TBI is one of the most debilitating injuries anyone can sustain from a truck accident. Although head injuries vary from minor lacerations and bruises, catastrophic brain injuries can cause permanent damage to the functioning of the brain and cause victims to need lifelong assistance.
Typically, severe head injuries resulting from a Springdale truck accident result in significant settlements or court awards due to the extensive hardships the survivor must cope with daily. Their lives are often turned upside down. The average settlement for a head injury in Arkansas, rated as moderate, is approximately $38,779. However, payouts may range from $5,000 for minor injuries to more than $2.9 million for severe traumatic brain injuries.
Survivors of a Springdale truck crash may be left with a serious TBI that can turn their lives upside down. They may struggle with psychological, cognitive, physical, communicative, and emotional distress. The recovery process can be brutal, often requiring ongoing rehabilitation. At the Law Office of Jason M. Hatfield, our Springdale truck accident lawyers are intimately familiar with a truck accident’s medical, legal, and insurance complexities. We’re here to help you. Give us a call today for a free consultation.
The Various Symptoms of Head Injuries
Brain injuries from traumatic truck accidents can be diagnosed as mild, moderate, or severe. It is important to know that sometimes symptoms of a TBI do not appear until well after the initial injury. A truck accident survivor with mild TBI may display the following symptoms:
- Bad taste in the mouth
- Behavior and mood changes
- Blurred vision
- Change in sleep habits
- Loss of consciousness ranging from seconds to minutes
- Nausea with or without vomiting
- Ringing in the ears
- Sensitivity to sound and light
- Trouble with thinking, memory, attention, or concentration
A truck accident survivor with moderate to severe TBI may display the following symptoms:
- Convulsions or seizures
- Confusion, agitation, restlessness
- Continuous nausea
- Enlarged pupils in one or both eyes
- Headaches that worsen or do not go away
- Inability to wake up from sleep
- Loss of consciousness for minutes to hours
- Loss of vision in one or both eyes
- Numbness or tingling in arms, legs, or both
- Repeated vomiting
- Slurred speech
- Uncoordinated movements
In 2021 there were more than 69,000 TBI-related deaths in the nation, or roughly 190 TBI-related deaths daily. TBIs can affect everyone, no matter what their age may be.
Causes of Traumatic Brain Injuries
The severity of a traumatic brain injury varies according to the nature of the injury to the head and the force with which it was inflicted. The severity also dictates the length of recovery that may be involved. There is the possibility that an accident survivor with a TBI may deal with it for the rest of their lives.
Common causes of traumatic brain injuries include:
- Slips, Trips, and Falls– One of the most common causes of TBIs.
- Collisions – Including bikes, Motorcycle, Car accidents, Semi Truck accidents.
- Violence – Caused by partner abuse, gunshot wounds, assaults, and other forms of physical violence. Penetrating wounds and/or severe blows can result in a TBI.
- Construction Worksites – Construction site accidents.
- Sports Injuries – High-impact sports can result in TBI. These include hockey, soccer, boxing, lacrosse, football, baseball, and skateboarding.
- Explosions – TBI is often diagnosed in active-duty military personnel.
- Workplace Accidents – Work-related accidents.
Every year, roughly 2.5 million Americans sustain a TBI. That number includes an estimated 50,000 deaths and over 80,000 suffering a permanent disability. According to the Centers for Disease Control and Prevention (CDC), the leading causes of TBI are:
- Falls (28 percent)
- Motor vehicle crashes (20 percent)
- Being hit by or colliding with an object (19 percent)
- Other (12 percent)
- Assaults (11 percent)
The skilled Springdale truck accident lawyers at the Law Office of Jason M. Hatfield have degrees in pre-medicine and understand the symptoms and indicators present with a brain injury.
Who is Held Liable in a Springdale Truck Accident?
In many truck crashes, it can be the trucker that is liable. However, that is not always the case. The experienced truck accident attorneys at the Law Office of Jason M. Hatfield work to identify the responsible parties. They determine if the accident was caused by distracted driving, reckless driving, driving under the influence, or drowsy driving. However, it is not always just the trucker at fault for a crash. There may be other liable parties, such as:
- The trucking company – may be guilty of negligent hiring, not meeting required safety standards, not training drivers properly, and/or over-scheduling the driver. The trucking company can be held responsible for your injuries under the doctrine of respondeat superior. This doctrine holds an employer legally liable for the wrongful acts of a worker if those acts happen within the scope of their employment.
- The trucking manufacturer – if a defective part is involved or poor equipment was used to build the truck, the maker can be held negligent.
- The truck maintenance crew or individual – if the person or people working on the truck to maintain it in safe working order did not fix or replace a defective part, they can be held liable for an accident. Using after-market parts can also result in serious issues if not made or installed correctly.
- The company loading the truck – if a truck is overloaded or not loaded safely and correctly balanced, it results in weight and balance issues that can overwhelm the truck’s capacity.
The Springdale truck accident lawyers at the Law Office of Jason M. Hatfield work to determine who is at fault after a truck crash – work to prove negligence.
There are several elements to prove negligence. The four main elements are legal duty, breach, causation, and losses. This means establishing that the trucker owed you a duty of care to watch out for others on the road while driving and that the driver breached that duty by driving recklessly, which led to the crash, injuries, and damages. Each truck crash is different, and the circumstances revolving around it ultimately determine which negligence doctrine is in play for your situation.
Springdale Truck Accident Settlements
Each Springdale truck or car accident resulting in a TBI is different. The circumstances and companion injuries are also varied, but one thing is certain, the compensation sought for the injuries covers all accident-related injuries, not just TBI.
Drivers who have been in a crash with a truck typically have multiple serious injuries. Medical bills for severe TBI can include the expense of a life flight, emergency surgery, extensive care in the ICU, and costly, likely long-term rehabilitation expenses. Severe TBI survivors may need assistance for the rest of their lives.
Medical costs are high for head injuries because it is not just the head injury being treated. It is also a fact that the cost of health care has risen sharply over the years. It may also include:
- Facial Injuries – Such as broken facial bones, bruises, and cuts, may cost more than $1,300 or more for emergency room care to $8,000 for a broken nose. If the driver’s jaw is broken, surgery can run between $10,000 to $30,000, and if facial reconstruction is needed, the cost could be about $350,000.
- Concussions – On average, a mild concussion treatment can be around $800, but it may cost more if a CT scan or MRI is required.
- Fractured Skull – For a fractured skull with a mild to moderate concussion, a doctor may place an order for a CT scan or an X-ray. Also, scheduling additional rechecks and follow-up appointments as healing progresses.
- Traumatic Brain Injury – Treating moderate to severe TBI ranges from several thousand to over $100,000 for emergency treatments. Emergency care can include surgery and recovery in a critical care unit. Rehabilitation can cost $46,000 or more.
It is also important to know that the severity of a head injury affects the injury payouts or settlements in Arkansas. The more severe the injury and its permanence usually result in higher compensation for suffering and pain.
Arkansas is a modified comparative negligence state. This means you may file a claim against the trucker or trucking company provided you are less at fault for the collision. However, it also means if you are equally at fault for the crash or more at fault for the crash, you are not eligible for compensation.
Truck accidents are complicated and complex, often involving multiple defendants and questions about venue and jurisdiction relating to where the trucking company is based. It is best to contact a skilled Springdale truck accident attorney at the Law Office of Jason M. Hatfield if you have sustained a TBI in a truck crash. We act quickly and decisively to defend your legal rights and work tirelessly to get you the compensation you need and deserve to move forward with your life.
At the Springdale Law Office of Jason M. Hatfield, many truck accident survivors do not realize how other damages can be recovered after the crash. Additionally, they are unaware of what insurance company pays the compensation or how insurance companies would rather try to reduce or dismiss such a claim.
The skilled Springdale truck accident attorneys at the Law Office of Jason M. Hatfield work on a contingency basis, which means you pay nothing upfront. You pay only when we win your case.
Contact the Springdale Law Office of Jason M. Hatfield Today
If someone you loved was involved in a Springdale truck accident, call the Law Office of Jason M. Hatfield at 479-361-3575. Our dedicated team of Springdale truck accident attorneys is here to help, answer all your questions, and help you navigate a difficult time in your life.
Call us today for a free initial consultation and to find out what you can expect should you file a personal injury lawsuit. We know you have questions, and we can answer them for you. The Law Office of Jason M. Hatfield is just one quick call away: 479-361-3575.