Motor Vehicle Accidents and Brain Injuries

Apr 30, 2026 - Car Accidents, Personal Injury by Cross & Smith

Motor vehicle accidents can result in all kinds of personal injury, but one of the most serious types of injury is a traumatic brain injury (TBl). According to the U.S. Centers for Disease Control and Prevention, nearly 20% of TBI’s are caused by motor vehicle accidents. TBI’s can seriously affect brain health and result in short-term and long-term health problems. 

TBl’s are often categorized as either closed-head injuries or penetrating head injuries. In the case of a closed-head injury, the head is struck by an object, but there is no penetration of the skull. By contrast, in a penetrating head injury, an object breaks through the skull and punctures the brain. 

Symptoms of a TBI can be mild, serious, and may include dizziness, short- and long-term memory loss, seizures, and speech impairment. Research also indicates that TBIs may be linked to Alzheimer’s disease, Parkinson’s disease, and chronic traumatic encephalopathy. A variety of treatments are available to help people who have suffered from a traumatic brain injury. The treatments will vary depending on whether the injury is mild, moderate, or severe. The therapies can involve medication, surgery, or rehabilitation, again depending upon the severity of the TBl. 

Here’s what you should know if you think you or a loved one may have suffered a traumatic brain injury from a vehicle accident.

Steps to Take Following a Vehicle Accident

First, if you’ve been involved in a car accident, it’s important to take the following steps immediately:

• Pull your vehicle off the road, if possible, to a shoulder or other safe place out of the line of traffic
• Check all drivers and passengers to determine whether medical help should be sought immediately
• Contact local law enforcement to make an accident report
• Collect all pertinent information regarding the drivers’ names, addresses, and driver’s license numbers, car registration numbers, and license plate numbers
• Document the scene of the accident by taking photos or drawing representational diagrams
• Get witness statements if possible

If you think that you or someone else has suffered a TBl, it’s important to seek medical assistance immediately. Healthcare professionals diagnose a brain injury using multiple imaging tests, such as CAT scans, which can determine if the brain is bleeding or otherwise damaged, and MRIs, which use magnets and radio waves to produce brain images. The Glasgow Coma Scale is used to assess brain function in three areas: speaking, opening eyes, and moving. Other tests may include language, swallowing, and breathing tests, as well as other neuropsychological assessments. 

The next step is to consult a knowledgeable, experienced Tuscaloosa accident attorney. There are many steps involved in obtaining compensation for your TBI if you were not the at-fault party. It’s important to be aware that in Alabama, you have only two years in most cases to file a personal injury claim. While this may seem like a long period of time, much needs to be done within it to gather evidence and establish proof of liability. 

Proving Negligence

In order to prove negligence and liability, you will need to show the following legal elements:

• First, that you were owed a duty of care by the at-fault party. The law is clear that other drivers have a duty to follow traffic laws and drive responsibly. 
• Second, that the duty of care was breached. If the at-fault party, or defendant, failed to follow traffic laws and regulations, or avoid actions that could have foreseeably harmed you, it is likely you will be able to show a breach of this duty of care. 
• Third, that the breach of duty of care was the direct cause of your injuries and losses. The concept of causation requires the plaintiff to establish a clear link between their injuries and the breach of duty. 
• Fourth, that the plaintiff suffered compensable damages.

If you are able to prevail in your claim, you will be entitled to the following damages:

• Economic damages – Also called compensatory damages, these are damages that compensate you for your out-of-pocket costs, including medical costs, rehabilitation costs, and past and future lost wages. 
• Non-economic damages – These types of damages are harder to quantify than compensatory damages and include compensation for pain and suffering, emotional distress, and loss of companionship and consortium.
• Punitive damages – Alabama does allow the payment of punitive damages to a wronged party if the at-fault party’s conduct was particularly egregious. Punitive damages serve to punish the at-fault party for malicious or reckless conduct. However, there is a cap on punitive damages in Alabama of $500,000. Some examples of behavior in which punitive damages may be awarded to the plaintiff include driving under the influence and excessive reckless driving.

Contributory Negligence In Alabama

Unfortunately, Alabama has a particularly harsh rule regarding contributory negligence. Specifically, if you contributed even a little bit to the accident or injury, you will be totally barred from receiving compensation. However, there are two exceptions to this rule. The first is that people under 14 cannot be found contributorily negligent. The second is that mentally challenged people, or those who are incompetent, are deemed to be incapable of negligence.

Contact Cross & Smith, LLC

Traumatic brain injuries are a major source of disability and death in the United States. In fact, data indicates that approximately 70,000 people die each year from TBI’s. Even if death isn’t the result, in children, traumatic brain injuries affect brain development, and in older adults, they may lead to short- and long-term health problems. 

Here at the law offices of Cross & Smith, LLC, we have a strong bench of knowledgeable and experienced personal injury lawyers who know how to get you the compensation you deserve if you’ve experienced a traumatic brain injury in a vehicle accident. Whether you’re seeking a settlement with an insurance carrier or plan to pursue a lawsuit, we have the strategies to help you get the best possible result. Contact us today for a free consultation to see how we can help you.