Pedestrian Brain Injury Accidents in New York City

Understanding Brain Injuries from Pedestrian Accidents

According to Bloomberg, there are more than 7,500 pedestrian deaths each year on American roads. At one time, New York City had nearly double the national rate of pedestrian deaths, with more than 700 annually.

After Vision Zero began, the city has seen that number drop to just over 100 deaths for the metropolis of 8.5 million people.

The New York State Department of Health reported that head injuries are common in pedestrian-traffic accidents. In fact, nearly 37% of pedestrians who seek hospital care sustain a traumatic brain injury (TBI).

These accidents could be caused by drivers or pedestrians if they are not careful. Impaired or distracted drivers could easily miss pedestrians crossing the street ahead of them. If people are not careful when they cross the street, or choose to jaywalk, the possibility of an accident increases.

Types of Brain Injuries Caused By Pedestrian Accidents

There are various types of brain injuries that can be caused by a pedestrian accident, including concussions, contusions, diffuse axonal injury, and penetrating brain injuries. These conditions can range from mild to severe, with both short- and long-term effects.

Concussions

A concussion is a type of mild TBI that occurs after a bump, blow, or jolt to the head. While often considered a minor injury, it’s important to understand the potential symptoms and the recovery process.

Symptoms can vary widely from person to person and may not appear immediately. They can include headache, nausea, vomiting, dizziness, balance problems, fatigue, sensitivity to light and noise, confusion, memory problems, feeling foggy, irritability, mood changes, changes in personality, and difficulty sleeping or sleeping more than usual.

Recovery times vary, but most people recover fully within a few weeks. Some individuals may experience lingering symptoms. The key components of concussion recovery include physical and mental rest and gradual return to activities.

Contusions

A contusion, or bruise, is an injury to soft tissue that causes blood to collect under the skin. While often minor, contusions can be painful and sometimes cause significant swelling.

Symptoms of a contusion include dull and aching pain, swelling, and discoloration. Treatment includes rest, ice, compression, and elevation of the injured area above heart level.

Diffuse Axonal Injury

Diffuse axonal injury (DAI) is a severe type of traumatic brain injury that occurs when the brain rapidly moves within the skull, causing the delicate nerve fibers (axons) to tear and stretch. This damage disrupts the brain’s communication and function.

Symptoms include coma, loss of consciousness, cognitive difficulties, motor impairments, sensory problems, and emotional disturbances. Long-term effects of DAI include memory problems, difficulty with problem solving, reduced cognitive speed, weakness, paralysis, mood swings, depression, aphasia, swallowing problems, headaches, muscle pain, and other chronic pain. Many people with DAI require ongoing medical care, rehabilitation, and support.

Penetrating Brain Injuries

Penetrating brain injuries are severe TBIs that occur when an object pierces the skull and enters the brain tissue. Falling onto sharp objects or colliding with other objects and debris can cause a penetrating brain injury.

The medical response for penetrating brain injuries includes life-saving steps like stabilization, controlling bleeding, imaging like CT scans or MRI scans, surgical intervention, and critical care.

Patients with penetrating brain injuries often require intensive care monitoring and treatment to manage complications such as swelling, infection, and seizures.

Why Brain Injuries from Pedestrian Accidents are Serious

Brain injuries resulting from pedestrian accidents are particularly severe because of the vehicle’s direct impact with the unprotected pedestrian. There is also a secondary impact of the pedestrian’s body with the ground or other objects.

These accidents are serious because of the long-term effects they can have on the victim and the overall costs that victims incur.

Long-Term Effects of Brain Injuries

The long-term effects of brain injuries can be profound and far-reaching, affecting various aspects of a person’s life. While the severity and specific impacts vary depending on the individual and the extent of the injury, common long-term effects include cognitive impacts, physical disabilities, emotional effects, and psychological problems, as have been mentioned previously.

The Cost of Brain Injuries

The financial burden of a brain injury is often overwhelming, affecting not only the injured individual but also their family and caregivers.

Medical costs can be thousands or hundreds of thousands of dollars or more. Most people need medical rehabilitation after a serious brain injury as well. Long-term medical care may even be necessary.

Lost wages and loss of earning capacity can add to the stress of the medical damages. Not only will the victim incur additional bills, but they may lose their ability to earn a living at the same time.

Proving a Brain Injury in a Pedestrian Accident Claim

Proving a brain injury in a pedestrian accident claim can be complex due to the often subtle and delayed nature of some brain injuries.

However, there are several key pieces of evidence that can help establish the connection between the accident and the injury.

Gathering Evidence

Essential evidence that can help prove a brain injury includes medical records, expert testimony, accident reports, and witness statements.

You should work with your attorney to gather this information and keep it organized in a binder or folders.

Importance of Legal Representation

A lawyer specializing in personal injury, particularly brain injuries, is invaluable in navigating the complexities of your case. Your attorney can help with a thorough investigation and obtaining proper documentation to support your claim.

Lawyers can calculate the full extent of your damages and negotiate with insurance companies to help you get maximum compensation.

If a settlement cannot be reached, your attorney can prepare and file the necessary paperwork to take your brain injury lawsuit to court.

Compensation for Brain Injuries

You can get compensation for the damages you’ve incurred in a pedestrian brain damage accident.

• Economic Damages: These are out-of-pocket financial losses resulting from the brain injury, including current and future medical expenses, lost wages, and rehabilitation costs.
• Non-Economic Damages: These represent intangible losses suffered by you and your family, including pain and suffering, loss of quality of life, disfigurement, and emotional distress.

What to Do After a Pedestrian Accident

The immediate aftermath of a pedestrian accident involving a brain injury can be overwhelming. Here are important steps to take:

• Call 911 and request an ambulance.
• Get medical treatment at a hospital and follow up with medical advice.
• Document the scene with pictures and video.
• Get insurance information and contact numbers from the driver.
• Get witness statements and contact information.
• Notify the driver’s insurance company of the accident.
• Call an NYC pedestrian accident lawyer and let them handle the rest.

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