Negligence frequently drives the events that result in severe head trauma. A distracted driver, a careless property owner, or a reckless construction company are common causes of traumatic brain injuries (TBIs).
Texas law empowers you to hold these negligent parties accountable when their careless actions harm you or a loved one, but you must identify the root cause of the injury to build a strong legal claim for compensation.
Key Takeaways for Causes of Traumatic Brain Injuries
- Traffic collisions involving speeding or distraction rank as leading sources of head trauma in Texas.
- Falls on unsafe commercial property frequently lead to severe concussions and long-term cognitive damage.
- Construction sites present high risks for penetrating head injuries and blows from falling objects.
- Commercial trucking crashes often inflict catastrophic brain damage due to the sheer force of impact.
- Proving liability requires connecting the specific negligent act directly to the brain injury diagnosis.
Motor Vehicle Collisions on Texas Roadways
High-speed impacts on major thoroughfares, such as Interstate 10, Loop 410, and U.S. 281, frequently result in severe harm. Texas drivers often encounter congestion, aggressive maneuvers, and distracted driving behaviors that lead to violent crashes.
These collisions violently shake the head, causing the brain to strike the interior of the skull.
Rear-End Collisions and Sudden Stops
Rear-end accidents occur regularly during rush hour traffic in San Antonio and throughout the Lone Star State. A driver looking at a phone instead of the road slams into the vehicle ahead. This sudden jolt can snap the driver’s neck forward and back.
The victim’s head doesn’t need to hit the steering wheel or dashboard to sustain damage. The rapid acceleration and deceleration can shear the brain's axons.
Liability often falls on the trailing driver who failed to maintain a safe braking distance.
Intersection Accidents and T-Bone Crashes
Intersections like those along Loop 1604 often see drivers running red lights or failing to yield. Side-impact collisions spin vehicles violently. This rotation can strain the brain and neck and connecting tissues.
Side-curtain airbags provide some protection, but the force transfer remains significant.
Rollover Accidents
SUVs and pickup trucks have higher centers of gravity, and a tire blowout or a collision can cause a vehicle to roll multiple times. Roof crushes during rollovers can increase the risk for direct cranial impact, and occupants may endure multiple impacts as the vehicle flips.
Manufacturers might share liability if a roof design fails to withstand the crash. Drivers who speed or drive aggressively also contribute to these incidents.
Commercial Trucking Wrecks
One of the most common causes of traumatic brain injuries is enduring a collision with a commercial truck. The sheer mass of a commercial semi-truck means any collision releases tremendous energy, and passenger vehicle occupants frequently sustain the worst injuries in these wrecks.
Factors in trucking crashes:
- Driver Fatigue: Tired truckers experience slowed reaction times similar to intoxicated drivers, preventing them from stopping in time.
- Improper Loading: Cargo that shifts during transit can cause the driver to lose control.
- Mechanical Failure: Poorly maintained brakes fail on steep grades or in heavy traffic, making a collision inevitable.
- Blind Spots: Truckers changing lanes without checking mirrors can crush smaller cars and their occupants.
Jackknife Accidents
An 18-wheeler jackknifes when the cab and trailer fold in on each other, creating a wall of steel across the road. Cars crash into the trailer at high speeds, and the resulting rapid deceleration can cause the brain to slam against the skull interior.
Underride Collisions
An underride collision happens when a car slides underneath a truck trailer, and the top of the car shears off. Direct head trauma occurs frequently in these horrific incidents. Federal laws require rear impact guards, but they sometimes fail or are missing.
Slip and Fall Incidents on Commercial Property
Property owners must maintain safe premises for visitors and customers. Uneven walkways, wet floors, and poorly lit stairwells invite danger. When a business ignores these hazards, it can cause traumatic brain injuries.
Types of property negligence:
- Retail Stores: Spilled liquids in aisles without warning signs can cause shoppers to lose footing and strike their heads.
- Restaurants: Grease accumulation near kitchens or restrooms leads to slippery surfaces that unsuspecting patrons walk over.
- Parking Lots: Potholes and cracked pavement in shopping centers like North Star Mall create tripping hazards for pedestrians.
- Apartment Complexes: Loose railings or unlit staircases contribute to falls from significant heights.
Store and Restaurant Negligence
Large retailers and busy restaurants often fail to patrol their aisles for spills. A customer who slips on a dropped drink or leaking soap can strike their head on the hard flooring. This sudden impact may lead to a skull fracture or significant internal bleeding.
Managers need to inspect these areas regularly to keep patrons safe. Proof of negligence often comes from surveillance video that shows how long a hazard existed before a fall occurred.
Dangerous Staircases and Walkways
San Antonio's historic areas and the River Walk often feature older infrastructure, and some landlords neglect repairs on uneven steps or crumbling walkways. A person who misses a step could fall backward and strike their head.
Building codes generally mandate handrails and consistent step heights, and property owners who skirt these regulations may create dangerous conditions. An attorney can inspect the site with experts to measure potential code violations.
Construction Site Accidents
Construction zones across Texas operate with heavy machinery, heights, and loose materials. Workers and passersby alike face risks. The negligence of a general contractor or a subcontractor is another common cause of traumatic brain injuries.
Falling Objects and Debris
Tools, bricks, or equipment dropping from upper levels can reach high velocities. A helmet often offers limited protection against heavy objects. The impact may compress the skull and damage the underlying brain tissue. Contractors generally must use netting and toe boards to secure materials.
Failure to secure tools can represent negligence. Subcontractors sometimes rush jobs, potentially ignoring safety standards. Identifying the specific company responsible for the dropped object helps determine whom to sue.
Scaffolding and Ladder Falls
Workers on scaffolding rely on stability and proper setup, but using defective components or overloading platforms can lead to collapse. A fall from just six feet can generate enough force to cause permanent brain damage.
A collapse affects not only the worker on the scaffold but potentially people below as well.
Motorcycle and Bicycle Accidents
Riders on motorcycles and bicycles lack the protective metal frame of a car, and a collision with a vehicle can leave them exposed. Even with a helmet, the impact can cause a traumatic brain injury that alters a life.
Left-Turn Accidents
Motorists turning left frequently violate a rider's right of way. Some cars cut across the rider's path, causing a direct collision, which occasionally leads to the rider flying over the handlebars. Landing head-first on pavement can transmit shockwaves through the helmet into the brain.
Dooring Incidents
A driver parked on a busy street might open their door into a bicyclist's path, causing them to crash into the solid metal door. This sudden stop can eject the rider onto the road. Traffic coming from behind adds further danger.
Texas laws generally require drivers to check before opening doors. The driver may bear responsibility for obstructing traffic flow. Video surveillance from nearby businesses sometimes captures dooring accidents, which can help your lawyer prove the driver acted without caution.
Violence and Negligent Security
Assaults also rank high among the causes of traumatic brain injuries in urban areas. While a criminal commits the act, the property owner might hold civil liability.
Bars, parking garages, and concert venues must generally provide adequate security; failure to do so may expose patrons to foreseeable harm.
Bar Fights and Bouncers
Patrons at bars sometimes turn violent. Bouncers should intervene without using excessive force. Unfortunately, poorly trained security staff can cause injuries themselves. A bouncer who slams a patron's head into a wall may be liable for battery.
Parking Lot Assaults
Commercial properties can attract criminals when security measures fail. A person attacked in a dark garage may sustain blows to the head.
The property owner may owe a duty to warn or take reasonable steps to protect guests when criminal activity is foreseeable based on what the owner knew or should have known.
How a Lawyer Helps With Your Texas Brain Injury Claim
The period following a TBI diagnosis presents many questions, and, unfortunately, insurance adjusters immediately start working to lower the value of your claim. A dedicated attorney steps in to shield you from these tactics.
Here’s how a Texas TBI lawyer can help:
- Investigating the Incident: Your lawyer launches an investigation to help preserve evidence like skid marks or defective staircases. They may send teams to photograph the scene or interview witnesses while memories remain fresh.
- Calculating Full Damages: An attorney can collaborate with medical professionals to define the long-term impact of the injury. They calculate costs for future rehabilitation and life-care needs to counter low offers from adjusters.
- Proving Liability: Identifying the correct defendant matters, especially in accidents involving multiple parties like trucking crashes. Your attorney examines contracts and insurance policies to find every available source of compensation to maximize your potential recovery.
- Negotiating With Insurance Companies: Insurance carriers frequently use strategies to deny or delay claims. Your attorney handles all communication, relieving you from the responsibility while presenting evidence of liability and documentation of damages.
- Litigation: If the insurer refuses to offer a fair settlement, your Texas TBI lawyer can take your fight to the courtroom.
FAQ for Causes of Traumatic Brain Injuries
How Do Car Accidents Cause Brain Injuries?
Car accidents cause brain injuries through rapid acceleration and deceleration forces. A collision stops the vehicle abruptly, but the brain continues moving inside the skull. The brain may also rotate, stretching or shearing nerve fibers known as axons.
Direct impact with steering wheels or windows also can fracture the skull and damage tissue.
Can a Slip and Fall Cause Permanent Brain Damage?
Yes, a slip and fall can cause permanent brain damage., especially if you strike your head on a hard surface like concrete. This blow can cause brain bleeds, swelling, or contusions. Older adults face higher risks of long-term impairment from these falls.
Even a fall from a standing height can generate enough force to disrupt brain function permanently.
Who Is Liable for a Brain Injury on a Texas Construction Site?
Liability for a construction site TBI often lies with general contractors, subcontractors, or equipment manufacturers. If a lack of safety gear or training caused the accident, the employer or site manager may hold responsibility, depending on the facts and the work arrangement.
Defective machinery also implicates the manufacturer, and property owners also may share fault if they concealed known hazards. An investigation determines which party failed their safety duties.
What Evidence Does My Lawyer Need To Prove Negligence?
Your lawyer hunts for and aligns evidence that can link the defendant's actions to your injury. Police reports, incident reports, and surveillance footage can establish the facts of the event, while medical records connect the accident to your diagnosis.
Witness statements confirm the sequence of events, and expert testimony regarding safety standards can show the defendant breached their duty of care.
Can I Pursue a Claim for a Brain Injury From a Criminal Attack?
Yes, Texas law allows you to pursue claims against both the attacker and the property owner. While you can sue the criminal for the assault, they may lack the funds to compensate you. Therefore, many legal cases focus on the property owner through premises liability.
If a business failed to provide adequate security despite knowing about local crime risks, they may hold liability for allowing the attack to occur. This claim focuses on the owner's negligence rather than the criminal's intent.
Get the Help You Need Today
The cognitive, physical, and emotional toll of a TBI can affect the entire family. If you were injured due to someone else’s negligent behavior, you don’t have to face the corporations or insurance companies alone.
Cowen | Rodriguez | Peacock can identify the negligence behind the accident and demand accountability from those responsible. Contact us today to discuss your case for free.