Head Injuries From Car Crashes

Quick answer

The CDC lists motor vehicle crashes among the most common causes of traumatic brain injury (TBI).[1] The CDC also reports that more than 44,000 people died in U.S. motor vehicle crashes in 2023 and that there were more than 2.8 million emergency department visits for crash injuries that year.[2] After a crash, several insurance coverages can apply, and a negligence claim may be possible against an at-fault driver.[3][4]

How common crash injuries are

According to the CDC, “In 2023, more than 44,000 people died in motor vehicle crashes in the United States. That is more than 120 people killed in crashes every day.”[2] The CDC counts more than 2.8 million emergency department visits for crash injuries in the same year.[2]

Crashes are one of the leading causes of TBI identified by the CDC, along with falls, firearm-related injuries and assaults.[1] The CDC also reports that falls, not crashes, account for nearly half of TBI-related hospitalizations.[1]

Insurance that can pay after a crash

The Insurance Information Institute (III) describes the auto coverages that most often apply to injuries:[3]

  • Bodily injury liability, which pays for injuries the policyholder causes to others.
  • Medical payments (MedPay), which covers medical expenses for the policyholder and passengers “no matter who is responsible.”
  • Personal injury protection (PIP), which pays medical bills, lost wages and other related expenses “regardless of who is at fault.”
  • Uninsured and underinsured motorist coverage, which pays when a crash is caused by an uninsured driver, “including hit-and-runs,” or by a driver who lacks adequate coverage.

III reports that 12 states and Puerto Rico have no-fault auto insurance laws. In those states, injured people generally turn first to their own PIP and can sue the at-fault driver only if the injury meets a state threshold.[5] See auto insurance claims and uninsured motorist claims.

Claims against an at-fault driver

A claim against another driver is usually based on negligence, which the Legal Information Institute (LII) defines as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”[4] Compensatory damages can include medical costs, lost wages and pain and suffering.[6] See personal injury claims.

When both drivers share fault

Most states use comparative negligence, which reduces a recovery by the injured person’s share of fault.[7] A few jurisdictions still follow contributory negligence, which LII describes as a rule that “bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm.”[8] North Carolina is one of them: its Supreme Court has said a plaintiff’s concurring negligence “will bar all recovery, even though the plaintiff’s negligence was comparatively small.”[9]

Proving a head injury from a crash

NINDS states that current imaging and other measures “can’t always detect damage from mild, concussive injuries,”[10] and the CDC notes that some symptoms may not appear for hours or days.[11] These two points come up often in crash claims. See a normal CT scan and delayed symptoms.

Deadlines

Every state sets a statute of limitations for injury claims,[12] and claims involving a government vehicle or road can require written notice within months. See claims against the government.

Filing deadlines, shared-fault rules and insurance minimums are set by state law. Our state law pages quote the governing statutes for each state we cover.

Learn more: Auto insurance claims · Personal injury claims · Wrongful death

Frequently asked questions

Does PIP or MedPay depend on who caused the crash?

No. III describes MedPay as paying “no matter who is responsible” and PIP as paying “regardless of who is at fault.”[3]

What is a no-fault state?

According to III, in the 12 no-fault states and Puerto Rico, injured people generally turn first to their own PIP and can sue the at-fault driver only if the injury meets a state threshold.[5]

This page provides general information from the sources listed below. It is not legal or medical advice, and reading it does not create an attorney-client or provider-patient relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. Centers for Disease Control and Prevention. “Facts About TBI.” https://www.cdc.gov/traumatic-brain-injury/data-research/facts-stats/index.html
  2. Centers for Disease Control and Prevention. “Transportation Safety: About.” https://www.cdc.gov/transportation-safety/about/index.html
  3. Insurance Information Institute. “What is covered by a basic auto insurance policy?” https://www.iii.org/article/what-covered-basic-auto-insurance-policy
  4. Legal Information Institute, Wex. “Negligence.” https://www.law.cornell.edu/wex/negligence
  5. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
  6. Legal Information Institute, Wex. “Damages.” https://www.law.cornell.edu/wex/damages
  7. Legal Information Institute, Wex. “Comparative negligence.” https://www.law.cornell.edu/wex/comparative_negligence
  8. Legal Information Institute, Wex. “Contributory negligence.” https://www.law.cornell.edu/wex/contributory_negligence
  9. Miller v. Miller, North Carolina Supreme Court (1968). Justia. https://law.justia.com/cases/north-carolina/supreme-court/1968/278-0.html
  10. National Institute of Neurological Disorders and Stroke. “Traumatic Brain Injury (TBI).” https://www.ninds.nih.gov/health-information/disorders/traumatic-brain-injury-tbi
  11. Centers for Disease Control and Prevention. “Symptoms of Mild TBI and Concussion.” https://www.cdc.gov/traumatic-brain-injury/signs-symptoms/index.html
  12. Legal Information Institute, Wex. “Statute of limitations.” https://www.law.cornell.edu/wex/statute_of_limitations

Sources last checked: October 11, 2026

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