Brain injuries caused by truck accidents often change lives dramatically. Since March is Brain Injury Awareness Month, it's important to raise awareness about how traumatic brain injuries (TBIs) affect injured crash victims physically, emotionally, and financially.
TBIs occur frequently in truck accidents because of the immense size and weight disparity between trucks and passenger vehicles. Types of brain injuries common in these accidents include concussions, contusions (bruises to brain tissue), diffuse axonal injuries (brain cell tearing), and penetrating injuries caused by debris.
These injuries may not immediately show symptoms but can lead to lasting cognitive impairment, emotional difficulties, and physical disabilities. If you or a loved one suffered a TBI in a truck accident, it's important to know what to do during the aftermath and who to turn to for help. The Indiana truck accident attorneys at our law firm can help you find your way forward.
Common causes of serious truck accidents
Several factors directly contribute to brain injuries in truck collisions. The most common include:
- Driver fatigue: Truck drivers often drive long hours without adequate rest, which increases the risk of collisions due to delayed reaction times or falling asleep at the wheel.
- Reckless driving: Speeding, aggressive lane changes, and other reckless maneuvers significantly increase crash severity, which leads to devastating head injuries.
- Poor truck maintenance: Defective brakes, worn tires, or malfunctioning steering components frequently cause crashes that could otherwise be avoided.
- Improperly secured cargo: Cargo that shifts suddenly or falls from trucks can lead to loss of vehicle control, resulting in severe collisions and subsequent head trauma.
- Driver impairment: Driving under the influence of alcohol, drugs, or prescription medications significantly reduces reaction times and judgment.
- Distracted driving: Distractions like texting, phone use, or navigation systems can divert a driver's attention.
- Speeding and reckless driving: Excessive speed or aggressive driving maneuvers reduce reaction time and increase collision severity, especially given the size and weight of commercial trucks.
How brain injuries affect victims and families
Victims who suffer brain injuries face profound challenges beyond physical recovery. The damage can severely disrupt their ability to perform routine tasks, altering nearly every aspect of daily life. Here are some examples of how TBIs affect victims:
- Cognitive impairments make simple tasks difficult or impossible.
- Communication difficulties can isolate victims from family, friends, and coworkers.
- Emotional and psychological issues often strain personal relationships and social interactions.
- Behavioral changes create stress and confusion for families and caregivers.
- Financial hardships occur due to medical bills, lost income, and reduced earning potential.
Compensation for brain injury victims
Obtaining fair compensation after a truck accident involves clearly understanding the types of damages available. The severity and complexity of these injuries mean compensation can cover a wide range of expenses and losses. The damages you may be eligible for include:
- Medical expenses, including emergency care, hospitalization, surgeries, diagnostic tests, medications, and other immediate treatments.
- Future costs for ongoing medical treatments, rehabilitation programs, physical therapy, occupational therapy, psychological counseling, and long-term care services.
- Lost wages and income and lost future earning capacity if you're unable to work due to your brain injury.
- Pain and suffering damages for physical pain, emotional distress, anxiety, depression, and diminished quality of life.
Trucking companies and their insurance provider often resist paying fair settlements. Insurance companies may argue that your injuries are exaggerated, suggest pre-existing conditions caused symptoms, or attempt to shift blame onto the victim. Such strategies often lead to prolonged negotiations and disputes, which makes it difficult to obtain rightful compensation promptly.
How to prove liability in a truck accident
Identifying the responsible parties is a key step in pursuing a successful truck accident claim. While the truck driver often bears primary responsibility, several other parties may also share liability depending on the circumstances surrounding the truck accident. Determining fault involves examining all aspects of the crash, from driver behavior to vehicle maintenance and cargo handling.
Parties potentially responsible for truck accidents include:
- Truck drivers: Truckers who drive recklessly, violate traffic laws, operate vehicles while fatigued, or drive under the influence of drugs or alcohol can be held directly responsible for accidents.
- Trucking companies: Companies may face liability if they fail to properly train drivers, enforce safety regulations, or adequately supervise their employees. Additionally, companies that pressure drivers into unsafe driving practices, such as exceeding federally mandated driving hours, may be liable.
- Maintenance providers: Companies responsible for truck maintenance must regularly inspect and service vehicles to prevent mechanical failures. Negligent maintenance may lead directly to collisions and create liability for maintenance providers.
- Cargo loaders or shippers: When improperly secured or overloaded cargo contributes to a truck accident, the party responsible for loading or securing the cargo may be held accountable. Sudden cargo shifts can cause the truck to overturn or become uncontrollable.
- Truck and parts manufacturers: Occasionally, truck accidents occur due to defective truck components, such as brakes, tires, steering systems, or lighting. Manufacturers or distributors responsible for producing or selling defective or unsafe parts can also be liable for injuries resulting from these defects.
Evidence that can support your brain injury claim
Gathering thorough and compelling evidence helps prove fault after a trucking accident. Solid evidence demonstrates negligence, strengthens your legal claim, and increases your chances of obtaining fair compensation. Effective evidence in trucking accident cases typically includes:
- Police accident reports providing impartial accounts of the incident.
- Driver logs and truck company records indicating violations of safety regulations or hours-of-service laws.
- Maintenance and inspection reports revealing possible mechanical failures or negligence.
- Witness statements and expert testimonies offering credible perspectives on the cause of the crash.
- Digital evidence from black boxes, dashcams, or GPS tracking data confirming details of the truck’s operation.
To strengthen your case, get medical attention promptly, even if your symptoms seem minor. Brain injuries often worsen without appropriate medical intervention. Document all medical treatments, symptoms, and recommended therapies carefully, as these records provide valuable evidence of your injuries and their impact. Keep track of any missed workdays or diminished productivity due to injury-related issues to establish the financial impact clearly.
Lastly, don't try to handle your truck accident case alone, especially when dealing with a head injury. Trucking companies often try to hide wrongdoing, and insurance companies are not on your side. Instead, get help from a skilled Indiana truck accident lawyer who can gather the facts and fight to hold negligent parties accountable.
How a lawyer can help after a brain injury
If you or a loved one suffered a traumatic brain injury in an Indiana truck accident, the right lawyer can make all the difference in the outcome of your case. The experienced attorneys at Boughter Sinak, LLC thoroughly investigate truck accidents, uncover key evidence, and build strong, compelling claims for crash victims.
We understand the full financial, emotional, and physical impact of serious brain injuries, and we'll make sure you never settle for less than you deserve. Our skilled negotiators fight aggressively against stubborn insurance companies, maximizing your chances of receiving full and fair compensation.
Our law firm has a proven track record of securing significant results for clients with traumatic brain injuries caused by negligent drivers. Whether it’s a reckless motorist, a distracted driver, or someone who failed to follow traffic laws, we know how to hold them accountable. Our past case results include:
- $685,000 – Hit and Run Accident Involving Alcohol: A young man suffered massive injuries, including a traumatic brain injury, due to a hit-and-run driver under the influence.
- $325,000 – Traumatic Brain Injury at Flashing Yellow Light: Our client was traveling eastbound on Dupont Road when another driver ignored a yellow turn signal and caused a devastating crash.
- $250,000 – Rear-End Accident Causes Head and Brain Injury: A client suffered multiple facial fractures and a delayed brain hemorrhage after being rear-ended.
If you've suffered a brain injury due to someone else's negligence, don’t let the insurance company dictate your future. Boughter Sinak is ready to fight for every dollar you deserve. Contact us today for a free consultation, and let us help you move forward.
"A big thank you to Kenny Sinak for being an amazing attorney and accomplishing what I could not. The process was pain-free to me, and the outcome was much more than I imagined. The staff was kind and patient with my frustrations and time restraints, and I believe they did everything possible to get me what I feel I more than deserved! Highly recommend Boughter Sinak!" — Teresa G., ⭐⭐⭐⭐⭐