Pedestrian accidents can have devastating consequences, often leading to severe injuries, including traumatic brain injuries (TBIs). Understanding the implications of these injuries and the legal recourse available is crucial for victims and their families. Read this blog and reach out to a seasoned Connecticut brain injury lawyer to learn about TBIs, how they can result from pedestrian accidents, and what legal steps you should consider if you or a loved one suffers such an injury. Here are some of the questions you may have:
What is a Traumatic Brain Injury (TBI)?
A traumatic brain injury, commonly known as a TBI, occurs when a sudden trauma causes damage to the brain. This can happen due to a direct blow or jolt to the head or body, or when an object penetrates the skull and brain tissue. Importantly, a direct impact is not required to qualify as a brain injury. TBIs range in severity from mild concussions to severe brain damage that can result in long-term complications or even death. Note that a concussion is a brain injury and that the label “concussion” is often used as the label that is less alarming for a patient and the patient’s family.
For pedestrians, the risk of suffering a TBI is particularly high, especially when involved in accidents with motor vehicles. A pedestrian struck by a car, for instance, may hit their head on the pavement or be thrown into a nearby object, causing a sudden and forceful impact to the skull.
How Do Pedestrian Accidents Lead to TBIs?
Pedestrian accidents occur when a person on foot is hit by a vehicle, such as a car, truck, or motorcycle. These incidents are particularly dangerous because pedestrians have little to no protection against the force of a moving vehicle. Unlike drivers, who are protected by airbags, seatbelts, and the vehicle’s frame, pedestrians are fully exposed. This lack of protection makes it much more likely that a pedestrian will suffer a serious injury in a collision, including TBIs.
When a pedestrian is struck by a vehicle, the initial impact often occurs at the lower body, causing the victim to fall or be thrown onto the hood or windshield of the vehicle. The secondary impact, when the pedestrian hits the ground or another object, often involves the head, leading to a potential TBI. The speed of the vehicle, the angle of the collision, and the surface upon which the pedestrian lands all contribute to the severity of the injury.
What Legal Steps Should You Take after a Pedestrian Accident?
If you or a loved one has suffered a TBI in a pedestrian accident in Connecticut, it’s essential to understand your legal rights. The first step is to secure adequate medical care. Thereafter, take a few days to “let the dust settle” and give yourself an opportunity to assess your situation. With pedestrian injuries, the head injury may seem less important if you’ve suffered fractures or other disfiguring injuries. The ramifications of a head injury may not become apparent until you attempt to engage in activities that challenge your brain like reading, watching television or returning to work. It is not unusual for symptoms like headache, visual disturbance and dizziness to worsen as you attempt to resume normal activities. While the combination of circumstances surrounding the event that caused injuries and the severity of the injuries may lead to the obvious conclusion that there is a viable claim for damages, it may be unnecessary to rush to a lawyer. And if a lawyer rushes to you without a request at the hospital or by contacting you at home, that lawyer may be acting illegally – stay away. And remember, the lawyers on highway billboards are there for a reason. If you have questions, you will find that many of the more prominent injury attorneys will provide you with solid guidance “free of charge” and not rush you into anything. An experienced attorney can help you determine the best course of action for your specific situation.
Connecticut law allows victims of pedestrian accidents to seek compensation for various damages, including medical expenses, lost wages, pain and suffering and other associated costs.
To build a strong case, it’s crucial to collect as much evidence as possible from the scene of the accident. Understandably, if you are injured, you will likely depend upon local police and other first responders to collect evidence. This includes photographs and witness contact information. Additionally, obtaining comprehensive medical documentation of the injuries sustained is vital to substantiate claims related to medical expenses and ongoing treatment needs.
In some cases, the driver involved in the accident may dispute fault or claim that the pedestrian was partially responsible for the incident. Connecticut follows a modified comparative negligence rule, which means that if a pedestrian is found to be more than 50% at fault for the accident, they may be barred from recovering any damages. However, if the pedestrian is less than 50% at fault, they may still recover damages, although the amount will be reduced by their percentage of fault. This is another reason why having a skilled attorney is essential—they can help protect your rights and ensure you receive fair compensation. In these types of complicated pedestrian accidents, securing the advice of an accomplished trial lawyer becomes a higher priority, so that call should be made sooner rather than later. At Casper & de Toledo, we’re here to assist you.
