Falls and Auto Accidents Leading Causes of TBI
Falls and auto accidents are the leading causes for Traumatic Brain Injury, or TBI, in West Virginia and throughout the United States. March is Brain Injury Awareness Month, and the Brain Injury Association of America (BIAA) is trying to spread awareness about these types of injuries. According to the organization, falls account for 28% of TBI cases and auto accidents make up another 20%.
Further, many TBI injuries in West Virginia are related to crashes that involve drunk drivers. As a matter of fact, the Charleston Gazette reports that half of all TBI cases last year were sustained in auto accidents that involved DUI.
If you or a family member has suffered from TBI as a result of a slip and fall or an auto accident, you may be entitled to money to cover the costs of your medical bills, loss of wages and other damages. Contact a personal injury lawyer to discuss your case.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "Falls and Auto Accidents Leading Causes of TBI" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •Under West Virginia's modified comparative negligence framework (W. Va. Code § 55-7-13a), an injured motorist may recover damages provided their degree of fault does not exceed 50%.
- •Preserving physical evidence—including vehicle electronic data recorder (EDR) logs, witness statements, and accident reconstruction data—is vital immediately following a collision.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
What steps should I take immediately after a motor vehicle accident in West Virginia?
Seek prompt medical attention, ensure law enforcement completes an official crash investigation report, document scene photographs, and avoid providing recorded statements to insurance adjusters before consulting counsel.
How does comparative fault affect car accident settlements in West Virginia?
West Virginia follows the 51% bar rule: if a driver is determined to be 20% at fault, their total damages are reduced by 20%. If they are found 51% or more responsible, recovery is completely barred.
Related Practice Resources & Analysis
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