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Truck Accident Traumatic Brain Injuries

Home | Practice Areas | Board Certified Truck Accident Lawyers | Catastrophic Injury Truck Accidents | Truck Accident Traumatic Brain Injuries

A brain injury from a truck accident is a serious and often misunderstood outcome of a collision because the damage isn’t always visible at the scene. There may be no skull fracture, no obvious wound, and no loss of consciousness, but in the days and weeks that follow, something feels wrong. Headaches won’t let up. Concentration slips. Sleep is disrupted. The person who walked away from the crash isn’t quite the same. If this sounds familiar, it may be a traumatic brain injury (TBI), and it may be the result of someone else’s negligence.

At DeVaughn James Injury Lawyers, attorneys Jonathan DeVaughn and Mike James represent TBI accident victims across Kansas and Missouri. They understand how these injuries develop, how insurance companies try to minimize them, and what it takes to pursue fair compensation for a harm that can last a lifetime

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In 2022 alone, 5,837 large trucks were involved in fatal crashes in the United States, highlighting the serious risks these vehicles pose on the road.

Because of their size, weight, and complex operating requirements, 18-wheelers and semi-trucks create a level of danger that is very different from standard passenger vehicles. Let’s take a closer look at 18-wheeler and semi-truck accidents.

Truck Accident Board Certified Attorneys

Dustin DeVaughn and Richard James are both Board Certified in Truck Accident Law by the National Board of Trial Advocacy, a credential held by only a small number of attorneys nationwide. Earning this ABA-accredited distinction requires years of proven practice, a rigorous examination, peer references, and ongoing specialized education. It’s objective proof of expertise that self-proclaimed “specialists” simply can’t match.
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Why Are Truck Accidents So Likely to Cause Brain Injuries?

A truck accident is fundamentally different from a collision between two passenger cars because of simple physics.

A fully loaded commercial truck can weigh up to 80,000 pounds. A typical passenger car weighs around 3,000 to 4,000 pounds. When those two vehicles collide, the occupant of the smaller vehicle absorbs an enormous amount of force that crushes mental and whips the body violently, snapping the head forward and back or side to side. The brain, floating inside the skull in cerebrospinal fluid, moves with that force and can strike the interior of the skull even when there’s no direct blow to the head.

This is why a brain injury from a truck accident can occur even when the victim never hits the windshield, dashboard, or door frame. The force of the collision itself is enough.

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Truck Accident Brain Injuries

Truck crashes can produce several distinct types of brain injuries, including:

Concussion

The most common TBI, a concussion, occurs when the brain is jostled inside the skull. Symptoms, including headache, nausea, brain fog, and sensitivity to light, can appear immediately or build over hours. What looks mild at first can have lasting consequences if not properly treated.

Diffuse Axonal Injury (DAI)

One of the most severe outcomes of high-force crashes, DAI occurs when the brain’s nerve fibers are stretched or torn by rotational forces. It may not show up on a standard CT scan, but it can cause profound cognitive and physical impairment.

Contusion

A contusion is essentially a bruise on the brain, caused when the brain strikes the inner surface of the skull. Depending on location and severity, contusions can affect memory, motor function, speech, and personality.

Coup-Contrecoup Injury

In high-impact collisions, the brain can strike one side of the skull and then rebound to strike the other. This causes injury at two separate sites, often producing a wider range of symptoms than a single-impact injury. Coup-contrecoup injuries are particularly common in truck crashes due to the extreme forces involved and the sudden, violent change in direction the body experiences on impact.

Why Brain Injuries Don’t Always Show Up Right Away

Traumatic brain injuries are not always apparent at first. Swelling, bleeding, and neurological disruption can develop over 24 to 72 hours.

 

This is where many TBI accident cases go wrong early. Victims are evaluated at the emergency room, told there’s no skull fracture, and discharged, sometimes without a clear diagnosis or follow-up plan. In the days that follow, symptoms emerge or worsen, but by then the insurance company may already be arguing that any ongoing problems aren’t related to the crash.

 

The gap between the crash and a confirmed TBI diagnosis is one reason why documentation starting immediately after the accident is so critical. Insurance adjusters are trained to look for that gap and use it to argue the injury happened elsewhere or isn’t as serious as claimed.

Long-Term Consequences of a TBI

The effects of moderate to severe TBI cases can be permanent and wide-ranging. Recovery is rarely linear. Symptoms may improve, plateau, or worsen over time with:

  • Chronic headaches and migraines
  • Cognitive impairment affecting work and daily functioning
  • Depression, anxiety, and mood changes
  • Memory loss and difficulty forming new memories
  • Reduced ability to work or manage everyday tasks
  • Seizures and neurological episodes
  • Sleep disturbances and chronic fatigue

 

The financial toll of these symptoms compounds quickly. The lifetime cost of a severe TBI can reach into the millions when factoring in acute care, rehabilitation, lost income, and long-term support needs. These expenses can follow a victim for decades.

 

It’s also worth noting that truck accidents frequently cause more than one serious injury. A spinal cord injury occurring alongside a TBI is not uncommon, and the combined impact on a victim’s life can be staggering.

What Evidence Matters in a Truck Accident TBI Case?

Building a strong case for a brain injury from a truck accident requires moving fast and thinking ahead because trucking companies and their insurers retain attorneys quickly after a serious crash.

 

It’s important to have an experienced lawyer on your side who can help you gather evidence like:

Medical Records and Imaging

Emergency room records, CT scans, MRI results, and neuropsychological evaluations document the injury and its progression. Follow-up records showing ongoing symptoms are equally important.

Black Box Data

Commercial trucks are equipped with a black box, also called an EDR (Event Data Recorder), that captures speed, braking, and other vehicle data in the moments before a crash. This data can directly establish how the collision occurred and the force involved, but it must be preserved quickly before it’s overwritten.

Driver Logs and Records

Hours-of-service logs, employment records, and drug and alcohol testing results can reveal whether driver fatigue or negligence contributed to the crash.

Accident Reconstruction

In serious TBI accident cases, reconstruction specialists can calculate the forces involved and connect those forces to the nature and severity of the brain injury.

 

The attorneys at DeVaughn James know which records to demand, how to preserve them, and how to use them to counter an insurance company’s argument that your injury is minor or unrelated to the crash.

Possible Compensation for a Truck Accident TBI

Victims of a brain injury from a truck accident in Kansas or Missouri may be able to pursue compensation for:

  • Past and future medical expenses
  • Lost wages and reduced earning capacity
  • Rehabilitation and ongoing care costs
  • Pain and suffering
  • Loss of enjoyment of life

In the most serious cases, where a TBI leaves a victim unable to work or care for themselves, compensation for lifetime support needs may also be available.

Both Kansas and Missouri follow modified comparative negligence rules, meaning you may still recover compensation even if you were partially at fault, as long as your share of fault doesn’t exceed the threshold set by state law. Kansas sets that threshold at 50%; Missouri at 51%.

An attorney can evaluate how comparative fault applies to the specific facts of your case and what it means for your potential recovery.

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Your injury changed your life. The result of your case should help you reclaim it. We pursue every avenue available to secure meaningful compensation and a path forward.

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Speak With a Truck Accident Brain Injury Lawyer Today

Managing a TBI while dealing with insurance companies, medical bills, and lost income is an enormous burden. While you focus on your recovery, DeVaughn James handles everything else, from obtaining and preserving critical evidence to working with medical professionals who understand TBI to taking on the trucking company’s insurer directly.

You’ll have a dedicated attorney and a case manager on your side from day one, so you always have someone to call when questions come up.

Suffered a TBI From a Truck Accident? Schedule a Free Consultation Today.

Time matters in these cases. Evidence disappears, and the other side starts building its defense immediately. Whether you’re in Kansas or Missouri, DeVaughn James Injury Lawyers can review your case at no cost to you. Contact us online or call 316-888-8888 (Wichita), 785-888-8888 (Topeka), or 816-999-9999 (Kansas City). You pay nothing unless we recover compensation for you.

Let's Get the Justice You Deserve!

To recover your monetary losses and demand justice to any wrong you have been subjected to, you must consult with a qualified truck accident attorney as soon as possible. Remember, the clock is ticking on your big truck wreck case.

With their profound knowledge and eye for detail, our truck accident lawyers can help you gather critical evidence in due time. We will get started on your case without delay in order to guard your interests and protect your claim from all opposing parties involved (trucking company, their insurance provider, and so on).

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Attorneys Focused in This Area

Dustin L. DeVaughn

With an unprecedented jury trial record and a history of multi-million dollar jury verdicts – Dustin L. DeVaughn loves trying lawsuits almost as much as he loves winning them.
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Richard W. James

Richard W. James is a trial lawyer who loves Jesus, his family, jury trials, and the Boston Red Sox. He has a proven track record of success in obtaining maximum recoveries for his clients.
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Cody G. Claassen

Cody G. Claassen devotes his legal career to helping people who have suffered due to the negligence and carelessness of other individuals or corporations.
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Claire Melero

Claire is compassionate, dedicated, and zealous about helping others. She is passionate about advocating for the injured, and is ready to stand up to the bullying tactics of insurance companies.
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Christopher Staley

Meet Christopher Staley, a seasoned personal injury attorney with a unique background as a former insurance defense partner at a Kansas City law firm.
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Jessica A. Brunken

Jessica A. Brunken is passionate about helping others. She believes the best way to do this is by fighting for her clients when they have been injured.
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Clayton T. Sears

Clayton (Clay) Sears was strongly molded by his small-town upbringing in Independence, Kansas. Following his graduation from Independence High School, he attended Baker University in Baldwin City, Kansas.
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Matt Gorney

Matt Gorney uses his litigation experience and courtroom skills to help injured clients tell their stories and navigate the legal system.
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Chris Omlid

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DeVaughn James Injury Lawyers is the largest personal injury law firm in Kansas. We have offices in Wichita, Topeka, Kansas City, KS and Kansas City, MO where we focus on personal injury cases, such as car accidents, semi-truck accidents, and wrongful death.

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