What Happens When A Wreck With A Big Rig Causes A Traumatic Brain Injury In Virginia
Key Highlights:
- The maximum weight of a fully loaded big rig is 80,000 pounds, which explains why a big rig causes a traumatic brain injury in Virginia.
- TBI symptoms may emerge even several hours or days after the accident took place.
- The 1% rule in Virginia requires an accurate and thoughtful catastrophic injury claim.
- A big rig accident traumatic brain injury Virginia has such a powerful force that, in many cases, it affects the occupants of the smaller car, leaving them with a traumatic brain injury Virginia.
- Such an injury may affect their lives forever, and the way back to normal is difficult.
I am Robert Tatum, and I am a lawyer who is part of the Tatum & Atkinson Law Firm. As our law firm has been around since 2006 and was set up by veterans, we have accumulated over 65 years’ worth of experience in dealing with Virginia truck accident cases and Virginia traumatic brain injury cases.
In the event that you may require a Virginia truck accident lawyer and a Virginia brain injury lawyer in the future because of a commercial truck accident, we know how to deal with black box data and electronic logging device data.
Reasons for Traumatic Brain Injuries in Big Rigs Collisions
A fully loaded commercial truck accident vehicle weighs up to 80,000 pounds, while an average passenger vehicle weighs about 4,000 pounds. The force from the stop will go into the smaller vehicle.
Even without hitting any objects, the brain can be damaged because of the violent movement and the head snapping; such sudden movements twist the brain inside the skull, tearing and bruising the tissue.
Causes of Big Rig Collisions
In most cases, such big rig accident Virginia occur because of preventable choices and errors made by the driver, including:
- Driver fatigue, which is usually connected with hours-of-service violations.
- Driving under the influence of drugs or alcohol.
- Driving distracted.
- Exceeding speed limit, tailgating, and making unsafe lane changes.
- Failure to maintain the vehicle properly.
- Improper loading and overweight cargo.
Types of Brain Injury in a Truck Crash and Their Symptoms
The three main types include concussion (mild TBI), contusion (brain bruising and bleeding), and diffuse axonal injury, where the brain nerve fibers get torn as the brain moves inside the skull; it is the most dangerous type of brain injury, causing people to fall into a coma.
CDC reports that traumatic brain injury Virginia affects the functioning of the brain, causing both temporary and long-term problems with thinking, mood, and memory. Also, it is necessary to say that some TBI symptoms may emerge even several hours or days after the accident.
Who Is at Fault, and Proof of That Liability
The fault may belong to the driver, the trucking firm, the maintainer, the cargo loader, or the producer of a defective component. Proof of such liability requires evidence in the possession of the trucking firm, which is perishable:
- The black box data and engine data of the truck;
- Logbooks and hours-of-service data from the electronic logging device, usually maintained only for a period of 6 months
- Data on the qualifications and maintenance of the driver
- Reconstruction of the accident, medical documents, and expert testimonies.
Since a carrier does not have an obligation to retain the above records until it gets a notice, it is important to make a legal demand in a timely fashion.
Virginia 1% Rule and Potential Recovery in a Claim
Virginia follows the pure contributory negligence rule, so any liability of the insured of 1 percent will result in a total failure of the catastrophic injury claim. A well-substantiated claim may make the following:
- Medical expenses
- Future medical expenses
- Lost earnings
- Diminished earning capacity
- Pain and suffering
- Permanent disability.
These elements are uncapped in Virginia. You have 2 years from the date of the accident to sue under Va. Code § 8.01-243.
A Traumatic Brain Injury Involving a Big Rig in Virginia? Consult Tatum & Atkinson Law Firm!
A traumatic brain injury Virginia caused by a truck crash changes everything: one’s health, employment, and personal life. One does not have to confront a trucking company’s insurance adjuster alone and does not have to do so without a truck accident lawyer Virginia.
Tatum & Atkinson handles catastrophic injury claim truck crash claims, and traumatic brain injury Virginia claims throughout Virginia from the firm’s Cedar Bluff, VA office, which serves the southwest Virginia area. Virginia truck cases are handled exclusively by Jon Ward, a brain injury attorney member of the firm who is admitted to practice in Virginia.
The Heavy Hitters act quickly to preserve the black box data and truck evidence, retain the necessary experts, and counter the 1 percent defense with evidence.
Call (800) 529-080 for a free consultation. We work on contingency, so there is no fee unless we make a recovery for you.
Frequently Asked Questions!
Why are brain injury symptoms delayed?
Since the damage continues to occur even after the collision. Internal bleeding and swelling develop during the hours or days after the accident, and the shock of the accident makes it harder to detect the symptoms.
Who will cover brain injuries for life?
When negligence causes a big rig accident Virginia, the party at fault is responsible for the full payment. Serious traumatic brain injury Virginia claims are always based on the life-care plan predicting the needs for further treatment, therapy, home care, and diminished earning capacity for the rest of the patient’s life. In case of a commercial truck accident, there might be more than one liable party, so more than one insurance policy can be claimed.
The trucking company denies any wrongdoing. Now what?
This is a common response, but not the end of the discussion. The answer is always in the evidence: the black box data recorder of the truck, the electronic logging device logs, maintenance records, and reconstruction. The 1 percent rule allows for the trucking company’s denial to give them just the 1 percent of fault they require to avoid responsibility.
What happens when the TBI makes it impossible to pursue the claim?
In the event of a traumatic brain injury Virginia that compromises memory, concentration, or decision-making abilities, a spouse, a parent, or another relative can often represent the injured party, and an agent can be appointed to do so by a court order. The brain injury attorney will do most of the heavy lifting: the paperwork, the insurers, and the investigation, allowing the client to concentrate on recovery.
What does a consultation regarding a brain injury from a truck crash cost?
The truck accident lawyer Virginia case involving traumatic brain injury Virginia is contingency-based, so there is no charge unless there is a recovery, and the initial consultation is free. This is especially true in the catastrophic injury claim, where the preparation of the case requires significant effort to preserve black box data, retain expert witnesses, and document future care needs that the firm advances.
