On any given day, you are most at risk for suffering a TBI the moment that you enter a car and pull out onto the road. Motor vehicle accidents are far and away the most common cause of brain injuries, because they combine high speeds and (relatively) high chance of collision which are the hallmarks of head trauma.
But if car accidents are the single most likely cause of TBI, then the actual causes of the car accident are quite varied. There are simply many different factors that may contribute to one of these accidents on the roadway. Any legal action that might be pursued following these events will hinge specifically on those causes.
At times the answer may be somewhat straightforward. Perhaps a driver ran a red light and T-boned a traveler who was properly traveling through an intersection. At other times, the cause may not be so clear. That is because those involved may have different accounts of what happened, requiring sophisticated accident reconstruction specialists to examine the position of the cars and other factors to determine whose story is accurate. If things like drifting or speeding were the underlying cause, it takes close analysis to actually prove it.
When the Car Itself Causes an Injury
In fact, there are times when driver error is not even the cause (or the only cause). The vehicle itself may be defectively designed or built, leading to a serious collision and injury. In those cases, even greater expert analysis is needed to prove in court.
That is exactly the claim that is being made in one case reported recently by WHBF News. The case stems from an accident involving a man who was driving on a highway in May of 2008. Winds were high and a gust suddenly caused dust from a nearby farm to fly onto the roadway, obscuring the view of all travelers. The diminished visibility forced the drivers, including the man in this case, to come to a stop and wait for it to clear.
Unfortunately, other drivers coming up on the dustball were unable to stop in time. It wasn’t long before another car slammed into this man’s vehicle from behind. The impact caused the driver’s seat to collapse forward. The man suffered a permanent brain injury that will force him to need significant medical care for the rest of his life.
Interestingly, the man’s two daughters–also in the car—were relatively unharmed.
The man claims that he suffered serious injury as a result of problems with the driver’s seat. The daughters’ seats did not collapse, but his did–leading to his injuries.
In a lawsuit filed recently, the man suggests that the car he was driving, a 1999 Toyota Camry, had a flawed seat design, which allowed this accident and injury to occur. The public was not warned of the design. As a result, the man is arguing that the company be held responsible for their actions, providing compensation to pay for the his losses caused by the driver’s seat error.
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