Dear Friends: Good day, stay positive and be courageous.
In my last blog I stated in no uncertain terms that the time when to hire a TBI lawyer is as soon as possible after an accident that results in traumatic brain injury . By way of example, this blog will focus on why this immediacy is so critical in building your TBI case. Again, I appreciate that in the wake of sudden life changing events hiring an injury attorney may be the last thing on your minds, but believe me when I say that such action may be the only conduct that saves you and your family from financial ruin and disaster in the event there’s no return to gainful employment.
I was retained on a case where a man (who I shall refer to as Mr. X) was riding his Harley Davidson motorcycle across a toll bridge and met with a horrific accident putting him into coma. He had sustained a severe traumatic brain injury with diffuse insult to his frontal lobes. That evening, his wife (who I shall refer to as Mrs. X) was advised by the bridge authority that after passing through the toll plaza Mr. X was struck by one vehicle, got up and was struck by a second vehicle. And … that both vehicles left the scene unidentified.
In effect, there was no viable negligence lawsuit and thus, no ability to seek justice in the form of compensatory money damages for economic loss to the family and Mr. X’s pain and suffering that was to be life long.
One week later, while Mrs. X was visiting her husband, a man approached, identified himself as a witness, and told her that he came to the hospital just to see how Mr. X was doing. This man was an off-duty police officer and motorcycle enthusiast. When Mrs. X asked him if he knew if they ever caught/identified the drivers who struck her husband his responses were: “What are you talking about? A vehicle didn’t hit your husband. The wheels of his motorcycle entered into a rut between the new and existing pavement that ran the course of the bridge. And when his front tire hit an elevated traverse joint, his forward motion was abruptly stopped and he was hurled over the front handle bars, slide thirty feet on the road course and struck his head into the bridge sidewall. Of course, she was shocked. Mrs. X called me the next day.
As I said in my last blog, we live in a litigious society and when someone sustains a TBI the responsible party or parties begin amassing their defense immediately in an effort to escape responsibility. I believe such was the case here.
The day I was retained I drove the scene multiple times looking for clues. The next day, I drove the scene again with the witness/police officer in the car together with my roadway engineer expert. We identified, filmed and photographed from the vehicle the offending rut and transverse joint. But I wanted better evidence, so the day after, I made Order to Show Cause requesting the court to issue a decision allowing for a site inspection, which was granted. I ultimately prevailed on this case by establishing that defendant’s had caused and dangerous rut by failing to transition the roadway between new and existing pavements in a safe way and the way as specified in the jobs plans, specifications and drawings. Had I not acted immediately, I never would have been able to establish by sound engineering principles the mechanism of accident, as the rut was temporary in nature.
Don’t wait! If you or a family member has sustained a traumatic brain injury in an accident seek experienced and competent counsel as soon as practicable.
Be well, Andy