Head Injuries in Uber Crashes
Serious injuries are often caused by distracted Uber drivers. Most Uber drivers have one eye on the road and one eye on a GPS navigation device. Many people safely multitask their way through their days. But multitasking at school, home, or work is a lot different than multitasking behind the wheel. Things change so quickly on the road that drivers need to concentrate solely on driving.
Since Uber drivers have a higher duty of care, it’s easier for a Carlsbad personal injury lawyer to prove negligence, or a lack of care. If a tortfeasor (negligent driver) causes a crash that injures another driver or a passenger, compensation is available for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Again because of the higher duty of care, additional punitive damages are sometimes available in these matters.
Head Injuries
Brain injuries may be the most common Uber crash injuries. Unlike the other injuries on this list, brain injuries are always permanent. Dead brain cells don’t regenerate.
But we’re getting a bit ahead of ourselves. First, we should explain why Uber crashes, and other vehicle collisions, frequently cause brain injuries.
The brain doesn’t fit snugly inside the skull, like a hand in a glove. Instead, the skull is basically a water tank that suspends the brain in cerebrospinal fluid. When the violent motion of a crash causes the victim’s brain to slam against the inside of the skull, these collisions could cause one of the following serious injuries:
- sTBI: Severe Traumatic Brain Injuries are very common in high-speed collisions. The aforementioned impact is so strong that it causes brain bleeding and swelling. Doctors can contain the damage, but as mentioned, they cannot reverse its effects.
- PTSD: Myths also abound about Post Traumatic Stress Disorder. Stress-related chemical changes in the brain cause symptoms like hypervigilance, anger, flashbacks, and depression. A combination of medication and therapy eases these symptoms, but doesn’t “cure” PTSD.
- mTBI: Concussions, or Moderate Traumatic Brain Injuries, are common in low-speed Uber crashes, like parking lot fender benders. Individually, concussions aren’t too serious. But the cumulative effect of concussions causes CTE, a degenerative condition that’s normally fatal.
If a pre-existing condition, like a prior concussion, contributes to the risk and/or severity of a head injury, a Carlsbad personal injury lawyer can normally obtain maximum compensation for that injury.
Liability Issues
Uber drivers are legally responsible for the crashes they cause. We mentioned the duty of care in these matters above. The duty of care is often the critical element in a negligence case.
Most noncommercial drivers have a duty of reasonable care. They must obey the rules of the road and avoid accidents when possible. Uber drivers and other commercial drivers have a duty of utmost care. They must take affirmative steps to avoid accidents and the brain injuries they cause. And, as the old saying goes, the bigger they are, the harder they fall.
Usually, Uber is financially responsible for the damages these crashes cause. The respondeat superior doctrine states that employers are financially responsible for damages if their employees are negligent during the course and scope of their employment.
California law defines these key terms in broad, victim-friendly ways. “Employee” is a good example. Most Uber drivers are non-employees, mostly independent contractors, for most purposes. But because the company controls their behavior, Uber drivers are employees for negligence purposes.
Count on a Thorough San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
Source:
research.chicagobooth.edu/-/media/research/stigler/pdfs/workingpapers/27thecostofconvenience.pdf?la=en&hash=A15B1513F98D7A17B9E37F78DD2EBDC4C6338BFA
