Traumatic brain injuries (TBIs) such as concussions are often considered an “invisible injury” because they don’t usually leave visible evidence, like a scar or broken bone might. That doesn’t negate the life-altering pain and suffering that can result from this type of injury caused by a crash, and sometimes that can be challenging for a jury to fully understand.
TBIs are among the most common injuries that cyclists experience in crashes because of the force they’re hit with by a vehicle and the lack of protection that comes with riding a bicycle. When a negligent driver causes harm to a cyclist, there might not always be injuries that are seen by the naked eye.
Some of these impactful symptoms include:
- Headache
- Changes in sleep (more than normal or less than normal)
- Loss of vision
- Nausea or vomiting
- Sensory problems, such as blurred vision or ringing in the ears
- Mood swings
- Memory problems
These symptoms and more are not always evident to those not experiencing the injury, but for the cyclist involved in the crash, they can mean prolonged recovery, missed work or earning opportunities, and challenges in getting through daily life. In presenting these injuries and the toll they take on the cyclist to a jury, it’s crucial to fully understand the TBI in order to achieve justice for the victim.
Read More: The Most Common Brain Injuries After Bicycle Accidents
Challenging factors in the courtroom
When the plaintiff doesn’t have visible injuries there can be an extra level of scrutiny by jurors. They may think, “how bad was this injury, really?” or that if the crash didn’t leave lasting scars, then there’s been a full recovery. With TBIs, it’s rarely the case that the damage done to a person’s health and quality of life aligns with the lack of visible evidence.
A healthy-looking victim might invite bias from jurors – so it is the job of the plaintiff’s legal team to convince the jurors of how impactful the injury is and why, even without a scrape or bruise, a TBI requires the same level of scrutiny.
Navigating uncertainty in court
It can be unsettling to know that not having physical presentation of a brain injury can be a challenge in these personal injury cases. However, it’s often a normal part of the job, and Bay Area Bicycle Law is able to navigate these obstacles case after case. Our attorneys have seen instances of skepticism in cases that include:
Pre-existing bias: A juror may believe they have a robust idea of what a TBI is like because they’ve had one themselves or a person close to them did. It’s important to remember that TBIs are often unique and impact each person differently depending on a variety of factors. What the victim experiences may be far worse than what a juror experienced – or, the juror didn’t seek the same kind of care that the victim did.
Outside influence: How you see a TBI or concussion perceived in media isn’t always the way it looks in real life. Sometimes jurors believe they understand TBIs and the way they impact people because they’ve watched a story about it on TV or read about it. In media, the storyline rarely follows the long-term impacts of a brain injury, but in reality these symptoms can last months, years, and sometimes indefinitely.
Testimony: It’s no surprise that the defense team will try to downplay the plaintiff’s injury, sowing doubt in the jury. This can create conflict and confusion for the jurors who may question the extent of the injury when there is no visual evidence before them.
Proving the TBI with evidence
Just because a TBI isn’t visible doesn’t mean there isn’t evidence to prove its existence. There are several ways that the plaintiff’s legal team can show that a crash injured the cyclist and caused extensive damage. In court, attorneys can invite a variety of experts who are able to walk the jurors through the basics of the injury, the symptoms, and what the long- and short-term impacts are. These experts can be helpful by:
- Painting the picture of what exactly a brain injury is, why they are complex, and how come not every injury affects a person the same way it would another. These experts may be doctors with extensive training in brain injuries.
- Debunking claims about TBIs that live on in popular media – such as concussions resolve after a few days of rest (that’s not always the case) – and misconceptions that can accompany brain injuries because they can be so complex.
Read More: How Expert Witnesses Strengthen Brain Injury Cases After Bicycle Crashes
Clinical records and testing: Along with experts who can provide trusted guidance, the plaintiff’s legal team will also utilize various types of testing and medical records to show damage.
This may include:
- Imaging: While you may not be able to see a brain injury on the outside of a person, high-powered imaging may be able to show some extent of the injury. CT and MRI scans are able to help doctors diagnose the extent of a brain injury and can also be valuable in court.
- Neuropsychological testing: These tests take into account cognitive function because a brain injury isn’t always only physical. Changes in memory, focus, and other aspects can have a big affect on daily life. These tests are a big part of showing impact to jurors.
Our pledge to you
Brain injuries can be extremely difficult – and having them downplayed by insurance, by defendants, and jurors is frustrating. Victims know better than anybody that symptoms evolve, change, and sometimes reverse before returning. This brings on challenges at work, at home, in relationships, and more. The Bay Area Bicycle Law team takes each case seriously, includes clients in each step of the process, and we will always work to get you back on track after a crash.
We only take on cases involving cyclists, so our expertise grows with our community in mind.
Reach out today to see how we can help you after a bicycle crash. For a free consultation call (415) 466-8717.