Understanding TBIs from Pedestrian Accidents | Ausman Law Firm P.C., L.L.O.

MRI or magnetic resonance image of head and brain scan. Close up view, toned image

Accidents involving pedestrians and drivers frequently lead to severe injuries for people on foot, with pedestrians being particularly vulnerable to the impact of fast-moving vehicles. Among the most prevalent and severe injuries sustained in such incidents is a traumatic brain injury, commonly referred to as a TBI.

But just how common are TBIs resulting from pedestrian accidents? Why are these injuries so frequently caused by car accidents? How can pedestrians recognize the signs of a brain injury? And who bears the responsibility for covering the costs associated with pedestrian TBIs? An Omaha pedestrian accident attorney at Ausman Law Firm P.C., L.L.O. provides insights.

How common are traumatic brain injuries in pedestrian accidents?

According to data from the Centers for Disease Control and Prevention (CDC), approximately 14 percent of all brain injuries stem from car accidents.

Yet, within the realm of pedestrian accidents, traumatic brain injuries are even more prevalent. Notably, a scientific study indicates that roughly 90 percent of pedestrians hit by cars are susceptible to sustaining at least a mild TBI. Furthermore, the same study reveals that approximately 18 percent of pedestrians often suffer from "a severe head injury" following a pedestrian accident.

Pedestrians are vulnerable to head and brain injuries

Pedestrians are susceptible to head injuries because of their lack of protective gear and the direct impact force of a collision with a vehicle. Unlike occupants of vehicles who are shielded by safety features like the frame of the vehicle, seatbelts, and airbags, pedestrians have minimal protection against the forceful impact of a collision.

Additionally, the sudden deceleration upon impact can cause pedestrians to be thrown or propelled, leading to secondary impacts with hard surfaces such as pavements or vehicle components, further increasing the risk of head injuries.

The design and size of pickup trucks and SUVs can also exacerbate the danger for pedestrians. These larger vehicles often have higher front-end profiles, increasing the likelihood of a pedestrian being struck at head height, which can result in more severe head injuries compared to collisions with smaller vehicles.

Recognizing brain injury symptoms

After a pedestrian accident, it's crucial to promptly seek medical assistance if you experience any of the following symptoms, as they may indicate a serious traumatic brain injury. These symptoms often manifest as:

Frequent headaches that persist after the accident.
Ringing noises or other auditory disturbances in the ears.
Feeling disoriented, confused, or experiencing difficulty concentrating.
Nausea and vomiting.
Poor balance, difficulty walking, or struggling to stand up.
Difficulty waking from deep sleep.
Memory lapses or difficulty recalling recent events.
Slurred speech or difficulty articulating words.

While these represent common brain injury symptoms, it's essential to note that additional symptoms may manifest. As such, seeking prompt medical evaluation following any pedestrian accident is critical.

Dealing with the insurance company after a brain injury

Navigating the insurance process following a brain injury can be complex. Insurance companies often employ tactics to minimize or deny brain injury claims, leaving victims facing financial strain and uncertainty during an already challenging time.

Here are common tactics insurance companies may use to reduce or deny a claim:

Downplaying the severity of the injury

Insurance adjusters may attempt to downplay the severity of the brain injury, claiming that the symptoms are minor and do not warrant extensive compensation.

Questioning the cause of the injury

Insurers may question the cause of the brain injury, attempting to shift blame onto the victim or argue that the injury pre-existed the accident.

Delaying or denying payment

Insurance companies may employ delay tactics or outright deny payment, hoping to pressure brain injury victims into accepting lowball settlement offers or abandoning their claims altogether.

Challenging medical treatment

Insurers may challenge the necessity of certain medical treatments, including diagnostic tests, therapy, or rehabilitation, in an effort to minimize payout amounts.

Disputing lost income or future damages

Insurers may dispute claims for lost income or future damages, insisting that the victim's earning capacity or future needs are exaggerated or unsubstantiated.

Seeking legal help after a brain injury

After sustaining a brain injury in a pedestrian accident, seeking legal help is essential to protect your rights. At Ausman Law Firm P.C., L.L.O., our attorneys are dedicated to providing caring and compassionate legal representation for victims of brain injuries.

Brain injury cases often involve significant long-term expenses for medical treatment, rehabilitation, and ongoing care. Additionally, these cases are frequently highly contested and high stakes, with insurance companies and other parties seeking to minimize or deny liability.

With our experience and commitment to client advocacy, we strive to ensure you receive the compensation you deserve for your injuries. Our Omaha pedestrian accident lawyers also work on a contingency fee basis. That means you pay nothing unless we make a financial recovery on your behalf.