Why Are Traumatic Brain Injuries So Common in Pedestrian Accidents?
Vehicle occupants in car accidents have protection from seat belts and airbags. Pedestrians do not have the same advantage. When a car runs into them, even at low speeds, they will often be knocked over– with the very real possibility of incurring serious head injuries. This is illustrated by a study by the U.S. National Institute of Health, which suggests a 90% probability.
The New York City pedestrian accident lawyers at Douglas & London help injured pedestrians to recover damages to compensate for traumatic brain injuries (TBI) and other harms. Understanding the dangers of head trauma and recognizing the symptoms of traumatic brain injuries are critical steps toward controlling damages and reducing the severity of a long-term disability.
What are the symptoms of traumatic brain injury in pedestrian accidents?
Virtually any impact to a pedestrian’s head can lead to a TBI. These symptoms may be subtle at first but treating the injury quickly s a critical step toward preventing it from getting worse. A pedestrian who suffers even a mild blow to their head should watch for:
- dull headaches that do not go away with standard treatment by aspirin or other simple painkillers
- weakness or an imbalance of abilities on one side of his or her body
- slurred speech, blurred vision, and sensitivity to light
- stomach problems that lead to nausea or vomiting
- cognitive problems and feelings as if they are in a fog
- excessive drowsiness, confusion, or disturbed emotional states.
A New York City pedestrian’s best course of action after they are struck by a car is to seek prompt medical treatment to determine the presence and extent of any TBIs. After receiving treatment, they should consult with knowledgeable and experienced New York City personal injury lawyers. It’s essential to begin the process of recovering damages from the negligent driver who caused the accident.
What damages might a pedestrian recover for a traumatic brain injury?
No two pedestrian accident cases are alike, and the damages they might be able to recover will always be a function of their injuries. In most cases, the negligent driver that caused the accident will be liable for:
- the pedestrian’s actual and anticipated future medical costs, including emergency room treatment, MRIs and other diagnostic tests, as well as follow-up medical appointments to assess recovery from a TBI.
- lost wages that result from the pedestrian’s inability to work
- expenses for rehabilitation and occupational therapy to recover brain function
- pain and suffering, and costs related to the impairment of lifestyle.
Many auto insurance companies will initially offer minimal settlements. These usually only account for only a fraction of all the costs and expenses. A skilled personal injury attorney that an individual retains will be a significant factor in recovering what they are owed. An experienced lawyer can help procure the largest available award through negotiations with the insurer or by demonstrating the full extent of the pedestrian’s injuries at trial.
What can NYC pedestrians do to avoid accidents that cause traumatic brain injuries?
New York applies a comparative negligence standard to personal injury cases, which means that an individual’s damages will be reduced in proportion to their fault for the accident. When a pedestrian suffers a traumatic brain injury, those damages can be substantial.
A pedestrian can reduce or eliminate accident dangers and the prospects of a TBI by exercising greater care when walking around New York City, including:
- crossing streets and avenues only at crosswalks and in accordance with traffic signals
- avoiding cell phone usage while walking
- wearing appropriate footwear
- refraining from alcohol, drugs, or any other substances that might impair physical or mental abilities.
Contact us at Douglas & London for a free consultation
We can accurately convey the extent of your traumatic brain injury such that you may recover the largest available damages award. Please see our website or call our Manhattan offices after your NYC pedestrian accident to get the compensation you deserve to help your recover from your head trauma. We work on contingency, so there are no upfront costs.
