BRAIN INJURIES ARE MUCH MORE COMMON THAN YOU MIGHT THINK

April 26, 2017
(832) 592-1108

Brain Injuries are Much more Common than You Might Think



At Wham & Rogers, our traumatic brain injury lawyers regularly speak with clients who are battling brain injuries. Below, we discuss important facts about TBIs.


If you have a brain injury due to negligence or wrongdoing, call us for a free consultation at 832-592-1108.


The link between football and Chronic Traumatic Encephalopathy (CTE) – recently admitted to by the NFL – has been well established for many years. It has become a more prevalent topic in the media of late, however.


Football players suffer hundreds or even thousands of concussions and sub-concussions by the time they conclude their professional careers. That professional football players are extremely likely to develop brain disorders (with estimates as high as 97% in all positions excepting kickers) is thus somewhat unsurprising. What's more, the sheer number of concussions they receive might make it seem unlikely that just one or even a few concussions could cause serious brain injury.


Even One Concussion Can Cause Devastating Brain Dysfunction


It is true that a single concussion is unlikely to cause any long-term problems. In fact, numerous studies have shown that around 80-90% of people who suffer a concussion will have no post-concussive symptoms three months later. Studies led by the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), the World Health Organization (WHO), and others demonstrate, however, that the other 10-20% who suffer even one concussion will have devastating symptoms out to six months, one year, and beyond. Some studies have even found that there are Vietnam veterans continuing to suffer from concussions they sustained in their service to this day.


Post-concussive symptoms can include:


  • Impairments in cognitive functioning
  • Memory loss
  • Personality changes
  • Anxiety
  • Depression


Studies have also shown that concussions are strongly linked to increased risk of suicide and the development of neurodegenerative diseases such as Alzheimer’s and ALS later in life. It has been scientifically proven that concussions are, for many people, far more serious than is generally believed by the public.


The Problem With The Word “Concussion”


Brain scientists are now largely in agreement that the word “concussion” should be abandoned by the medical profession. They argue that, not only is “concussion” associated with a minor injury that has no serious medical consequences, but the word itself is ill-defined and confusing. Concussions, in medical terminology, are in fact just one type of Traumatic Brain Injury (TBI). Concussions fall into the category of Mild Traumatic Brain Injuries (mTBI) – ones in which a blow to the head or a whiplash injury results in an “alteration of consciousness” (typically a state of confusion following a head injury), or loss of consciousness for 30 minutes or less.


A diagnosis of “concussion” after a patient is knocked unconscious for 30 minutes might lead them to believe that the injury was not serious and that there will be no long-term symptoms. This may be especially so after the patient is cleared by a CT scan. Unfortunately, CT scans are, in fact, incapable of demonstrating the presence of a Mild Traumatic Brain Injury. What’s more, studies have found that emergency rooms in the U.S. fail to diagnose as many as 55% of Mild Traumatic Brain Injuries.


How Mild Traumatic Brain Injuries Cause Devastating Symptoms


Brain scientists have noted that the most common type of injury, and the most likely to occur with an mTBI, is known as Diffuse Axonal Injury, or DAI. DAI occurs when, as a result of a blow to the head or a whiplash injury, the brain is “rattled” against the inside of the skull. As the brain is bounced against the skull, different parts of the brain slide over one another. When this happens, the axons connecting various neurons (brain cells) can be pulled and broken, or “sheared.”


When axons are sheared, three important things happen:

  1. The neurons that those axons connect die;
  2. The connection between those neurons (which could be important to any number of brain functions such as memory, cognition, executive function, and motor function) is lost;
  3. A flood of chemicals known as neurotransmitters releases.


This all serves to highlight the unpredictable nature of an mTBI, in that:

  1. The release of neurotransmitters, if it is significant enough, can and does result in anxiety, depression, and aggressive behavior.
  2. Neurons and axons are “highly oriented,” meaning that they serve specific functions that are unique to each brain, and that a wide range of symptoms can result from axonal shearing.
  3. Not only are the consequences of DAI impossible to accurately predict, the presence of the injury itself is almost always impossible to detect on brain scans like CT and MRI. Some newly developed imaging techniques have shown promise in detecting DAI – however, those imaging techniques are expensive and largely experimental.


Each mTBI Increases The Risk of Long-Term Symptoms


While, as noted above, only about 10-20% of people who suffer an mTBI will have symptoms beyond three months, that 10-20% risk is cumulative. That is, each time a person sustains an mTBI, their risk of having long-term, devastating symptoms goes up. That is because, when axonal connections are lost, other axons attempt to “make up for” the lost connections – and, typically, they do within a few months. With each subsequent mTBI, however, more and more connections are lost and more neurons die, making it increasingly difficult for the remaining neurons to catch up.


The Likelihood of mTBI


The CDC has reported that roughly 1.5 million Americans suffer a Traumatic Brain Injury each year – 75% of those are mTBIs. It is worth noting again that hospitals in the U.S. have been reported to miss more than half of mTBIs in the emergency room – making the CDC’s report likely to be an underestimation of the true incidence.


Considering the potentially devastating consequences of mTBI, and the substantial likelihood of sustaining them, it is no surprise that research into the treatment of mTBI and the prevention of the symptoms that can result is widespread, well-funded, and ongoing.


What to Do After an mTBI


Following a head injury, the best steps that one can take include a combination of emergency and long-term medical care. Patients and their families should do the following:

  1. Visit an emergency room right away, if only to rule out the possibility of an injury that requires immediate medical intervention such as a subdural hematoma.
  2. Follow up with a doctor if symptoms such as confusion, ringing in the ears, anxiety, depression, anger, and memory problems do not resolve within a few days following an mTBI.
  3. If problems persist, visit a neurologist or neuropsychologist for a thorough evaluation and treatment options such as medication and neurocognitive rehabilitation.


mTBIs after an Accident


It is common to hear about TBIs and mTBIs related to sports like football. But these injuries can occur for many different reasons. Auto accidents are another common cause of serious head injuries. Additionally, workplace injuries, construction accidents, and other accidents can cause TBIs.


Any time a TBI or mTBI is the result of someone else's negligence, the victim may be eligible to pursue compensation. Compensation after a head injury may include medical costs, loss of income, pain and suffering, and more.


If you are suffering a serious head injury due to someone else's negligence, call the Traumatic Brain Injury lawyers at Wham & Rogers, PLLC. For a free consultation, call us at 832-592-1108.


By Rene Rogers April 23, 2025
Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
By Wham and Rogers April 10, 2025
Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits
Texas Capitol Building
By Mark Wham March 26, 2025
A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.
By Rene Rogers March 15, 2025
Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.
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By Rene Rogers April 23, 2025
Austin, Texas - Texas is already one of the most dangerous states for fatal 18-wheeler crashes, and major disruptions from trucking collisions are a near-daily occurrence. This morning, an 18-wheeler and six other vehicles collided near the Austin-area suburb of Georgetown . The severity of any injuries sustained in the commercial vehicle wreck has not yet been reported, but the crash and recovery efforts have led to the complete closure of southbound lanes on Highway I-35. The Texas Department of Transportation warns that traffic will be disrupted for hours. Just last month, commuters on I-35 suffered a major, multiple-fatality accident when a driver for an Amazon delivery contractor crashed his 18-wheeler into 17 other vehicles . Investigations continue into the cause of the crash. Despite the frequency and severity of 18-wheeler and commercial vehicle crashes in Texas, the State Legislature is considering new laws that would protect trucking companies from liability in these wrecks . When combined with other new legislation capping damages that result from these serious 18-wheeler accidents, Texans would be left even more vulnerable. If you have been injured in a serious truck or 18-wheeler accident in Texas, please call Wham & Rogers for a free consultation at 832-592-1108 .
By Wham and Rogers April 10, 2025
Texas has led the nation in large truck crashes since 2017. Despite this, the Texas Legislature is considering bills that would sacrifice Texans' safety for commercial trucking and insurance company profits
Texas Capitol Building
By Mark Wham March 26, 2025
A proposed Senate bill, pushed by insurance company lobbyists, would severely limit damages for victims involved in crashes with 18-wheelers, further tipping the scales in favor of insurance companies at the expense of Texans’ rights.
By Rene Rogers March 15, 2025
Five people were killed and eleven injured in a major, multi-vehicle collision on the evening of March 13th in Austin, Texas. According to NBC affiliate KXAN , one individual has been charged: "Police sources confirmed with KXAN the person arrested was the driver of a semi-truck hauling for Amazon. The driver involved in this incident is not an Amazon employee. … The owner of ZBN Transport LLC said Friday afternoon there’s been no contact with its semi-truck driver." (KXAN) According to Austin police, the alleged driver has been charged with multiple counts of intoxication manslaughter. Amazon, like many other large corporations, has chosen to expand its operations via an array of third-party contractors rather than relying solely upon employees. This provides the company with greater flexibility on pay and benefits, and may also seem like attractive way to reduce liability for accidents like the above. However, many large corporations have discovered that merely declaring a worker to be an “independent contractor” does not necessarily make it so. In one notable example, a court of appeals in Oregon ruled that Domino’s Pizza, Inc. was directly responsible for an accident caused by one of their franchisee’s delivery drivers, and could not disclaim liability . A decade later, the Supreme Court of Ireland found the same. Amazon has also faced legal scrutiny over its "Delivery Service Partner" program in the state of Georgia: "Jurors Thursday handed down a $16.2 million verdict at trial against Amazon Logistics and a service partner. ... Notably, jurors also concluded that Amazon exercised sufficient control over defendant Fly Fella Logistics to render the delivery giant liable ." (Courtroom View Network) To be considered truly “independent”, a contractor should exercise significant control over his own schedule, and be able to make decisions over how and when to provide services. When a company policy guarantees a specific delivery timeframe, or denies digital app or marketplace access to a contractor based on number of jobs taken per week, they may risk having the supposedly “independent” contractor being considered an employee. If you have been seriously injured by a commercial driver, or a contractor for a major corporation, the Texas 18-wheeler accident experts at Wham & Rogers, PLLC can help. Speak to an attorney today by calling (832) 592-1108 or leaving us a message on our contact page.
By Rene Rogers March 9, 2025
Up to 40% of all commercial truck accidents are caused by distracted driving. In 2018, there were 4,832 deaths caused by distracted truck drivers. That number was 4,977 in 2019 and 4,777 in 2020, according to the Federal Motor Carrier Safety Administratio n. The categories of distracted driving tracked by the FMCSA include: Talking or Listening to Cellular Phone Other Cellular Phone Related Using or Reaching For Device/Object Brought Into Vehicle Eating or Drinking Dialing/Manipulating Cellular Phone a Lost In Thought/Day Dreaming Adjusting Audio and/or Climate Controls Using Other Device/Controls Integral to Vehicle Distracted By Other Occupant(s) Careless/Inattentive Distracted By Moving Object in Vehicle Distraction/Careless Looked But Did Not See Smoking Related Cell phone use by truck drivers It’s important to note that the FMCSA prohibits texting and the use of handheld devices by truck drivers. Violations can result in fines, and even suspension of commercial driver’s licenses. Drivers who use handheld devices are 4x more likely to be in a serious crash. Text messaging increases the risk of a collision by 23 times. Cell phone use delays a driver’s reaction time as much as a blood alcohol concentration of 0.08%. How does distracted driving affect truck drivers’ performance? Distracted driving can slow the driver’s perception of traffic events, resulting in delayed reaction times. Slow reaction times may cause incorrect steering, too much brake pressure or inaccurate accelerator pressure. What can trucking companies do to reduce distracted driving by truck drivers? Require regular distracted driving training for drivers; Install distracted driving software which blocks use of social media, streaming video and texting while driving; Develop a distracted driving policy and require each employee to sign it, requiring them to agree to follow the policy. Enforce their distracted driving policy—and reprimand employees who fail to follow the policy. Educate dispatchers: Dispatchers shouldn’t expect immediate responses if drivers are on the road. Remind drivers to set their voicemail and call forwarding when on the road. Use driver facing cameras to ensure compliance with the safety rules. If you have been the victim of distracted driving by a commercial driver, Wham & Rogers can help you. We can rapidly respond to a collision in order to download the electronic control module and when necessary, download the phone of the distracted driver. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation. ‬
By Rene Rogers February 26, 2025
If you drive on Texas highways you have likely encountered some situations which you felt were unsafe or even dangerous. As a parent or grandparent, we especially worry about protecting our children from dangerous drivers, particularly from large commercial vehicles such as 18 -wheelers. How to protect your family while on the road with 18-wheelers: Be alert and aware of your surroundings when driving near 18-wheelers. Keep watch where the truck is and where other nearby cars are located and their movement. Being alert can give you time to move out of the way and to safety in the event of a collision. Don’t crowd 18-wheelers. When driving behind a semi- truck, leave enough space to stop in case the driver must slam on his brakes. You do not want to rear-end an 18-wheeler. Pass safely. When passing an 18-wheeler, stay closer to the shoulder than to the truck and pass as quickly as you can safely pass. If you linger next to the 18-wheeler, you may be in their blind spot. Don’t cut in front of a semi-truck. It takes large trucks a long distance to stop. Leave enough space between you and the truck so they can avoid hitting you in the event of a slowdown. Avoid the big rig’s blind spots. Large trucks have multiple blind spots, including the right side of the truck, directly in front of the truck, and directly behind the trailer. To protect yourself, stay out of these blind spots. The old adage is that if you can’t see the driver in the mirror, they can’t see you. Use your turn signal. Always use your turn signal when you are changing l anes or making a turn. Give the big rig driver sufficient warning of where you are moving to so he can avoid hitting you. If you travel in mountainous areas, you may have seen the runaway truck ramps. These ramps are there because trucks can have brake failures on steep slopes. Stay away from big trucks on both inclining and declining slopes to protect yourself in the event of a runaway truck. If you are sharing the road with a big truck and the road is steep, stay as far away as you can in the event of a brake failure. 18-wheelers take very wide turns due to their length. Give them enough space when they are turning so they don’t hit you. Here are some other safe driving tips to help keep you and your family safe while on the road: Avoid distractions, such as texting, applying make-up and eating; Watch out for and move away from drivers who are swerving or otherwise demonstrating that they are distracted by texting on their phone; Always make sure your child is in the proper car seat, even when traveling in someone else’s vehicle; Keep a proper distance between you and the vehicle ahead of you. Keep enough space to that if the traffic stops ahead of you that you have time to stop; Check your rear and side mirror often. You may be able to change lanes to avoid a collision if you are keeping a close lookout; Allow enough time to get to your destination so you don’t have to rush; Plan your route ahead of time and use voice-activated navigation systems so that you can focus on driving rather than searching for the road you need to turn on; Obey the posted speed limits; Take breaks—don’t become fatigued; Keep a first aid kit in your car and if you are traveling in desert areas, keep extra water in your car. If you are traveling in icy conditions, make sure you have the proper tires and chains, if required. Also, make sure you have blankets and other supplies to stay warm if you are stranded. The attorneys at Wham & Rogers have years of experience in 18-wheeler collision cases. Call 832-592-1108 or text (832) 413-1428‬ for a free consultation.
By Rene Rogers February 19, 2025
If you have sustained serious injuries due to someone else’s negligence, you should consult with a personal injury attorney right away. If you delay in retaining an attorney, you take the risk that evidence favorable to you will disappear. You also risk being misled or taken advantage of by the insurance company.
By Rene Rogers February 12, 2025
Don’t all employers in Texas have to carry worker’s compensation insurance? No. Texas is the only state that does not require private employers to carry worker’s compensation insurance. How do I find out if my employer carries worker’s compensation insurance? You can search the Texas Department of Insurance page here: https://www.tdi.texas.gov/ Many large employers such as Amazon, Walmart, HEB, McDonald's, Home Depot, Kroger, Target, Dollar General, Hobby Lobby, and Whole Foods are non-subscribers, meaning that they do not have worker’s compensation insurance. If you are employed by one of these companies and are injured on the job, you have a "non-subscriber" claim. I’ve been injured on the job and my employer is a non-subscriber. What rights do I have? You have the right to recover for all damages you suffered. Your recovery is not limited by the Texas Worker’s Compensation Act. As the employee of a non-subscriber, you must prove the negligence of your employer. Your employer has a duty to provide you with a safe workplace. If you are injured by your employer’s failure to provide proper safety equipment, failure to properly train your coworkers, or assigning you tasks outside your job description, you may be able to recover for your employer’s negligence which caused your injuries. If there is an on-the-job fatality, the family members of the worker who lost his life may be able to file a claim for wrongful death against the non-subscribing employer. When an employee is injured as a result of his or her employer’s negligence, the employee may recover more in damages than if the employer had worker’s compensation insurance. What damages can I recover in a non-subscriber case? A non-subscribing company may be sued for damages such as pain and suffering and medical expenses. The non-subscribing company may also be held liable for gross negligence or punitive damages. What defenses do non-subscriber employers have when employees are injured? Non-subscribing employers may not claim that their employees were contributorily negligent or that the employee assumed the risk of the dangerous activity they were assigned to do. Non-subscribers cannot escape liability for their employee’s injury because a coworker was at-fault. Non-subscribing employers are able to escape liability if an employee is intoxicated, reckless or deliberately caused their own injury. Can I sue my employer for an on-the-job injury if my employer has worker’s comp? No. If your employer has worker’s compensation insurance, your sole remedy is through the worker’s compensation system. At Wham & Rogers, we have years of experience handling non-subscriber cases. If you have been injured on the job and your employer is a non-subscriber, call us at 832-592-1108 or text us at (832) 413-1428‬ for your free consultation.
By Rene Rogers February 3, 2025
On the night of January 31st, drivers and passengers waiting at the intersection of East Sam Houston Parkway and Sabo Road were struck by an 18-wheeler . In addition to the truck, a further six vehicles were damaged in the collision, with at least two occupants, including a child, sustaining injuries. Tragically, one driver lost his life. The driver of the 18-wheeler reportedly left the scene rather than rendering aid to the victims . Fleeing the scene of a crash can severely increase legal penalties under these circumstances: hit-and-runs that result in death carry sentences up to 20 years in Texas. The suspect is still at large, but will probably be identified soon from security camera footage recorded before, during, and after the wreck. Beltway 8, of which Sam Houston Parkway is a part, has high definition cameras that record license plates at regular intervals. What should you do if you are hit by an 18-wheeler? If you have been in a collision with an 18-wheeler, it is critical to retain counsel right away to investigate the collision and to ensure evidence is preserved . In this situation, an attorney can send preservation letters to all vehicle owners who were involved in the collision to request preservation of dash cam video and electronic control modules. An attorney can also hire an investigator to canvas local businesses for video footage of the collision in order to track down the 18-wheeler driver and company.
By Rene Rogers January 7, 2025
Always order your crash report from a .gov site
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