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Traumatic Brain Injury Often Caused by Car Accidents

Eisenberg, Cutt, Kendell & Olson

There are many different ways that a brain injury accident can occur, including contact sports, slipping in the bathtub, or falling down stairways. The startling truth is that over 50% of all traumatic brain injuries are caused by car accidents.


In an auto accident, there are two main ways that serious brain injury can occur: by means of a sudden stop or by direct contact with a hard, stationery object.

In the first case, even without any actual contact of the head with another object, the mere suddenness and forcefulness of a speeding vehicle coming to a complete halt in a moment, injures the brain. The reason for this is because the brain continues to move after the skull has already stopped, so the brain collides forcefully against the skull bone.

In the second scenario, the victim’s head actually strikes an object, be it the windshield, the steering wheel, the car door, or the roof. There may or may not be a visible wound resulting from the impact, but there can still be skull fracturing, contusion (the bruising of the brain) and internal bleeding. Many of the most severe cases involve the driver/passenger being ejected from the car, but this is not necessary for extremely serious brain injury to occur.


When you suffer serious brain trauma as a result of the negligence of another driver, Utah law dictates you should be reimbursed in full for all harm suffered. This includes financial loss, pain and suffering, and psychological trauma.

The at-fault driver and his/her insurer will be liable for your claim, but you must first prove your injuries are serious and were caused by the accident. You must also file within the four-year Utah statute of limitations for your case to be heard.

A second possibility is to file a defective/dangerous product lawsuit against the auto manufacturer. Car companies have a duty to the public to ensure their vehicles meet basic standards of “crashworthiness.” This means they must take into account all “reasonably foreseeable events” when designing/manufacturing their products.

If you have suffered brain injury in a car accident, do not hesitate to seek expert legal representation with ECKO Legal. For a free consultation, call us anytime 24/7 at (801) 901-3470 or fill in the online request form.