Are Head-on Collisions A Leading Cause Of Traumatic Brain Injuries In Virginia?
Key Highlights:
Are Head-On Collisions A Leading Cause Of Traumatic Brain Injuries In Virginia
- Head-on crashes create forces that act in two directions on the cars involved, which create traumatic brain injury (TBI) even when airbags deploy; therefore, they are among the deadliest types of motor vehicle crashes in Virginia.
- In 2024, there were approximately 6,000 TBI-related hospitalizations in Virginia; motor vehicle crashes were one of the main causes throughout the Commonwealth.
- Symptoms of TBI can take hours or even days to develop after a crash; however, the time it takes for symptoms to appear does not mean that an individual’s injury is delayed, and insurance companies use reasonable periods of time between when symptoms develop and when medical treatment is provided as an excuse to attempt to minimize the amount of the claim that the claimant is entitled to receive.
- If any fault is assigned to an individual in Virginia (even 1%), that individual loses the right to recover any damages under Virginia’s contributory negligence statute. Therefore, early representation from an attorney is critical.
- All TBI cases handled by Tatum & Atkinson are done so on a contingency fee basis. You will not be required to pay anything unless we are successful. Please call (800) 529-0804.
Among all vehicle accidents, head-on collisions create more trauma to the occupants of the vehicle than any other type of accident in Virginia and result in greater force (over twice) than those accidents that only travel in one direction. The force of the head-on collision is transmitted directly to the brain, which causes traumatic brain injuries.
Medical and litigation research show that head-on collisions account for much of the traumatic brain injury litigation done in Virginia over the past two decades. Robert Tatum of Tatum & Atkinson Law Firm has represented victims who have been catastrophically injured throughout the state of Virginia for more than 65 years.
How Head-On Collisions Cause Brain Injuries?
Head-on accidents can cause traumatic brain injuries due to the way the brain is suspended in cerebrospinal fluid (CSF) inside the skull. When a car stops suddenly during a head-on accident, the deceleration of the vehicle will cause the brain to suddenly move forward against the anterior part of the skull and thereupon recoil backward against the posterior part of the skull; this phenomenon is known as coup-contrecoup trauma.
Injuries resulting from this mechanism of traumatic brain injury from car accident are well-documented in automobile accident cases. As a result of coup-contrecoup injury, an individual can sustain a variety of types of brain injuries, including bruising, bleeding, tearing of neural tissue, and diffuse axonal injury, which may span several areas of the brain that often will not be visible on a typical CT scan.
Common Types of Traumatic Brain Injuries from Head-On Crashes
Accurate medical documentation and recovery will only happen if the injury is correctly diagnosed and treated. For those who are injured, head-on collision head injuries in Virginia will show different types of head injuries at different times, so using the right types of facial expressions, voice, body language, etc., is essential.
Concussions
Concussions are examples of mild traumatic brain injuries that occur when the head is struck or shaken rapidly; the majority of concussions result from the impact to the head during a wreck or crash.
Contusions (Brain Bruising)
Local bleeding and/or swelling due to an external impact to the brain that occurs during an automobile crash.
Diffuse Axonal Injury (DAI)
A severe form of brain injury that occurs when the brain moves inside your skull very quickly, resulting in either long-term impairment of all cognitive functions or an indefinite coma.
Penetrating Brain Injuries
Penetrating brain injuries happen when an item penetrates the skull and injures the brain tissue directly, typically a life-threatening injury.
Hemorrhages (Brain Bleeding)
Internal bleeding in the brain or around the brain that increases pressure and can result in serious complications.
Importance of Medical Documentation
All TBIs must have a full and thorough medical examination completed as soon as possible after the injury occurs to ensure proper treatment options are used and to create the basis for supporting claims for injuries.
Primary TBI Types in Virginia Head-On Collision Cases
A concussion is a type of brain injury where the normal function of the brain is disrupted by a force to the head; a concussion may have no visible findings on traditional imaging of the brain.
A contusion is a bruise of brain tissue at the site of impact to the head, both at the point of impact (the coup) and away from the point of impact (the contrecoup).
Diffuse Axonal Injury (DAI) is a type of brain injury that occurs because of the tearing of the nerve fibers (axons) in multiple regions of the brain and is considered to be one of the more severe consequences of high-speed motor vehicle collisions.
There are other brain injuries associated with head-on collisions, such as epidural and subdural hematomas (blood accumulating inside the skull caused by high force associated with the frontal impact with another vehicle); both injuries are emergencies and require neurosurgical intervention to save the life of the victim.
Symptoms of a TBI After a Car Accident
Symptoms of traumatic brain injury (TBI), which can result from an auto accident, may not develop until hours (even days) after the accident. In a head-on collision in Virginia, symptoms can vary from mild to severe, and it is essential for prompt evaluation of TBI so that proper diagnosis and treatment can happen, as per the recommendations of the CDC.
Common TBI Symptoms:
- Persistent headaches
- Confusion or disorientation
- Memory gaps or difficulty recalling events
- Slowed thinking or processing
- Sensitivity to light and noise
- Sleep disturbances
- Mood changes or irritability
- Difficulty concentrating
Why Head-On Crashes Are So Dangerous in Virginia
Head-on motor vehicle collisions are one of the highest percentages of fatal accidents in Virginia accident statistics. According to the Virginia DMV’s accident statistics database, individuals involved in a motor vehicle accident with improper direction travel (e.g., wrong-way travel and travel across the centerline) are statistically at higher risk of being involved in a fatal accident than persons involved in a motor vehicle accident that are traveling correctly.
This is primarily due to the physics of the situation; specifically, an individual involved in a head-on collision traveling at 50 mph will sustain impact forces that are equivalent to hitting a fixed object while traveling at 100 mph. In Virginia, most rural roads do not have median barriers. Therefore, there is a significant risk of traumatic brain injury (TBI) after being involved in a head-on collision on a rural Virginia roadway.
What Percentage of TBIs Are Caused by Car Accidents in Virginia?
In the U.S., car crashes are the leading cause of TBI-related deaths and hospitalizations. The NML reports that motor vehicle crashes account for the majority of 15-44-year-old adults’ TBI-related deaths and hospitalizations as well.
The VCU TBI Model Systems Center Is A Federally Funded Research Center To Study TBI. This center documents the leading cause of moderate-severe TBI-related hospitalizations and the need for inpatient rehabilitation due to transportation-related injuries. According to VHDS, the Virginia Department of Health, 2024 Data, TBI hospitalizations in Virginia approached 6,000 in number.
VCU TBI Model Systems Research Hub Research and Its Legal Significance in Virginia
The VCU TBI Model Systems Research Hub is a federally funded research program from the US, studying the effects of TBI on both patients and their families over many years. Data from the longitudinal studies conducted by VCU demonstrate that motor vehicle accidents and, specifically, high-speed or head-on collisions produce the most severely injured individuals in the rehabilitation database, including diffuse axonal injury, prolonged unconsciousness, and permanent impairment in cognitive function.
The outcomes of these studies have substantial legal ramifications. Virginia courts use institutional studies of this nature to assess the long-term cost of significant brain injury, including continuing rehabilitation expense, the requirement for ongoing care, and reduced earnings capacity, as it concerns compensation for VA residents who have sustained brain injury.
What Are the 20-20-20 Rule and the 4-Hour Rule for Concussions?
The 20-20-20 rule is a way to help with visual issues during the recovery from a concussion.
- The rule means you will look at an object 20 feet away for 20 seconds every 20 minutes. This should lessen eye strain and help you restore visual functioning.
- The 4-hour rule refers to a clinical standard of care. If there is any confusion or memory loss, or if there are behavioral changes that last beyond 4 hours after a crash, then the injury has risen above the level of mild and must be evaluated in an emergency room.
Both rules support the notion that people who have concussions need to be monitored and not rested passively, and that documentation remains a critical issue for proving a severe concussion car accident lawsuit.
Proving Liability in a Virginia Head-On Collision
When determining fault for a Virginia head-on collision, there are three things to prove the at-fault driver crossed over the center line, went the wrong way, or was impaired due to either drugs or alcohol. The evidence can include the official accident report, skid marks and physical evidence, video or other images obtained from a dashcam or a vehicle’s camera system, and eyewitness accounts.
Virginia’s strict contributory negligence statute (Virginia Code Annotated § 8.01-34) provides that if you are assigned any level of fault (as little as one percent), your ability to recover damages in a civil suit is eliminated. A head-on collision lawyer in Virginia must ensure addressing potential gaps in liability at the start of the case.
Compensation for Brain Injury Victims in Virginia
Do head-on motor vehicle accidents cause traumatic brain injury in Virginia? Yes. If you’ve been injured in a head-on collision, you are entitled to recover brain injury compensation in Virginia for the long-term impact of the injury you’ve suffered.
- Damages you can recover include all past and future medical costs incurred due to your injury, including rehabilitation and cognitive therapy.
- You can also recover compensation for lost wages or lessened earning capacity as a result of the injury, pain and suffering, and permanent disability.
In Virginia, damages awarded in head-on collision brain injury cases will vary widely. For severe or catastrophic TBI injuries, settlements and verdicts in Virginia have been in the hundreds of thousands, up to millions of dollars, depending on the severity of the injury, future care requirements, and the ability of a skilled catastrophic brain injury attorney in Virginia to make a strong case of liability.
Are Head-on Collisions A Leading Cause Of Traumatic Brain Injuries In Virginia? When to Contact a TBI Lawyer
If you or a family member suffered a head-on collision brain injury in Virginia, you should seek legal representation from a traumatic brain injury lawyer in Virginia now. Because…
- A traumatic brain injury attorney will quickly gather evidence from the accident scene
- Obtain your medical records documenting the extent of your injury
- Consult with neurologists and life care planners
- Begin assembling the documentation needed to prove liability and document the financial impact of your injury for your lifetime.
In Virginia, the statute of limitations for filing a personal injury claim is two years after the accident (Va. Code Ann. § 8.01-243). The evidence from the accident will most likely be available immediately after the accident. Therefore, taking early action is not an option; it is necessary.
How Tatum & Atkinson Law Firm Fights for Virginia TBI Victims
Tatum & Atkinson (Virginia’s Heavy Hitter) has been a Virginia law firm, established in 2005 and owned by veterans, that has recovered over 100 million dollars for people suffering from brain injury; their Virginia brain injury attorney team works with neurologists, neuropsychologists, and life care planners to develop brain injury claims that reflect the true lifetime impact/injuries, not only based on what you were billed from the emergency room after your accident.
Their legal fees are based on a contingency fee basis, meaning their clients do not pay any fees unless Tatum & Atkinson wins the case for their client. To schedule your free consultation, call (800) 529-0804.
FAQs: Are Head-on Collisions A Leading Cause Of Traumatic Brain Injuries In Virginia?
Can I sue for a traumatic brain injury in Virginia?
In Virginia, if you were injured as a result of another driver’s negligence, you have every reason to file a claim for complete restitution of your losses, including the costs of any medical treatment needed, lost income, and any pain or suffering experienced as a result of the accident.
How much is a brain injury settlement worth?
Settlements for mild traumatic brain injury (TBI) typically start in Virginia at $50,000. However, there have also been several catastrophic TBI cases in Virginia that have settled or resulted in jury awards in excess of $1,000,000.
What happens after a head-on collision injury?
Get emergency medical help right away! Document everything and consult with a Virginia TBI accident claim attorney before talking to any insurance adjuster.
How long do TBI symptoms last after a crash?
While some mild TBI symptoms may subside within weeks following an accident, individuals who suffer from moderate or severe TBI can suffer from permanent symptoms and will require lifetime medical treatment as well as continue to incur care-related expenses.
Who is at fault in a head-on collision in Virginia?
Typically, the at-fault driver will cross either the centerline or drive in the wrong direction, and Virginia’s contributory negligence rule makes it necessary to establish who is at fault from day 1 of the case.
