A motorcycle collision can create injuries that are immediately apparent, but some of the most significant effects may be harder to recognize at first. A rider may experience a head injury, concussion, or traumatic brain injury even when there is no obvious external wound. The force involved in a collision can cause the brain to move inside the skull, potentially affecting memory, concentration, balance, speech, mood, sleep, and other functions.
For riders traveling through Northern California Wine Country, the circumstances surrounding a motorcycle collision can vary significantly. A collision may involve another vehicle, a commercial truck, a roadway condition, defective equipment, or another factor. Determining what happened is often an important first step in understanding what legal options may be available.
Start With the Medical Side of a Brain Injury
After a motorcycle collision, seeking medical attention should be a priority, particularly when there has been an impact involving the head or body. Brain injury symptoms do not always appear immediately. According to the Centers for Disease Control and Prevention, some symptoms of a mild traumatic brain injury or concussion may develop hours or days after the initial injury. (CDC)
Possible symptoms can include headaches, dizziness, balance problems, fatigue, vision problems, nausea, sensitivity to light or sound, difficulty concentrating, memory problems, changes in sleep, irritability, or feeling unusually slowed down or foggy. (CDC)
A rider should not assume that feeling relatively normal immediately after a collision means that there is no brain injury. Medical professionals can evaluate symptoms and determine whether additional testing, monitoring, or treatment may be appropriate.
Medical records can also become important later if a legal claim develops. They can help document what symptoms were reported, when they began, what treatment was recommended, and how the injury affected daily activities.
Determine Who May Be Responsible
A motorcycle collision does not automatically mean that another driver is legally responsible. The facts need to be examined carefully.
For example, another driver’s conduct may be relevant if that driver was speeding, distracted, impaired, failed to yield, followed too closely, or otherwise violated a traffic rule. But other possibilities may need to be considered as well.
In some cases, a collision may raise questions about a defective motorcycle component or another product. A roadway condition could also become relevant depending on the circumstances. If a government entity may have played a role, different rules and procedures can apply to claims against public entities.
This is why identifying the cause of a collision is more complicated than simply looking at the damage to the vehicles involved. Evidence such as photographs, collision reports, witness accounts, vehicle information, medical records, and other documentation may help establish what occurred.
A Brain Injury Can Affect More Than the Initial Medical Bills
The consequences of a brain injury may extend well beyond emergency treatment. Depending on the severity and duration of the injury, a person may need follow-up care, rehabilitation, therapy, medication, or assistance with everyday activities.
A brain injury may also interfere with someone’s ability to work or return to the same responsibilities they had before the collision. Concentration difficulties, memory changes, fatigue, headaches, or other symptoms can make familiar tasks more challenging.
When evaluating a potential personal injury claim, it may therefore be important to consider both current and anticipated effects. A legal claim may involve questions about medical expenses, lost income, reduced earning capacity, and other damages, depending on the facts and applicable law.
California Deadlines Can Matter
California generally provides a two-year statute of limitations for an action involving injury to an individual caused by the wrongful act or neglect of another under Code of Civil Procedure section 335.1. However, deadlines can vary depending on the parties involved and the nature of the claim. Claims involving a government entity, for example, can involve additional requirements and shorter deadlines. (Leginfo)
That makes it important not to assume that there is unlimited time to investigate a motorcycle collision. Preserving evidence and understanding any applicable deadlines can help protect a potential claim.
Understanding Your Options After a Motorcycle Collision
A serious brain injury can raise complicated questions about responsibility, medical treatment, future needs, and available legal remedies. The answers depend on the specific circumstances of the collision and the nature of the injury.
Sacramento Motorcyle Accident Attorney
At Dreyer Babich Buccola Wood Campora, LLP, we understand that a brain injury can affect nearly every part of a person’s life. Our attorneys handle serious personal injury cases and can review the circumstances surrounding a Northern California motorcycle collision, explain potential legal options, and help you understand the next steps.
If you or someone close to you suffered a brain injury in a motorcycle collision, contact Dreyer Babich Buccola Wood Campora, LLP at (916) 999-9132 to discuss your situation.
