How to Determine Legal Responsibility for a Traumatic Brain Injury in California

Publication Date June 3, 2026 in Traumatic Brain Injury

Who Is Legally Responsible for Your TBI?

I am Michael Hackard, founder of Hackard Law. Over my five decades of practice, I have fought for injury survivors and families whose lives were upended by traumatic brain injuries. I have published four books on protecting the rights of those harmed by others, and our firm has produced more than 1,000 educational videos that have reached over seven million viewers. Hackard Law serves clients throughout California, including Sacramento, the San Francisco Bay Area, and LA.

When a traumatic brain injury changes everything – work, memory, relationships, daily life – one of the first questions families ask is whether someone else is legally responsible. That question deserves a direct, honest answer, and this post provides exactly that.

Hackard Law offers contingency fee representation for qualified TBI cases, meaning there are no upfront costs to you. If you or a loved one has suffered a traumatic brain injury and needs true legal guidance, call us today at (916) 313-3030.

Quick Summary

Determining legal responsibility for a traumatic brain injury requires identifying the cause, gathering evidence, and connecting the other party’s conduct to the harm suffered.

In California, one of the most frequent reasons for TBI claims is auto accidents.
Premises liability cases come up when a property owner fails to keep the premises safe.
A TBI claim may also result from someone else’s deliberate actions.
Building your case requires physical evidence, witness accounts, and medical data.
Survivors of traumatic brain injury (TBI) are entitled to compensation under California law for their medical costs, lost wages, and pain and suffering.

Motor Vehicle Accidents and TBI

Car, truck, and motorcycle accidents are the most prominent cause of traumatic brain injuries across California. When another driver’s negligence causes a collision, that driver – and potentially their employer or insurer – may be legally responsible for the resulting harm.

Negligence in these cases takes many forms: texting while driving, running red lights, driving under the influence, speeding, or failing to yield. The key is connecting the driver’s conduct to the crash, and the crash to the brain injury. Medical records documenting the TBI, accident reports, and witness accounts all serve this purpose.

Our Sacramento TBI lawyer page provides more detail on how these cases are evaluated and pursued in California courts.

Case Pattern: A passenger in a rideshare vehicle suffered a closed-head injury after a rear-end collision caused by a distracted driver. Medical imaging confirmed the TBI. The case involved multiple insurance policies and required careful documentation of the driver’s conduct and the passenger’s ongoing cognitive symptoms before a resolution was reached.

Premises Liability and Unsafe Conditions

Property owners in California have a legal duty to maintain reasonably safe conditions for visitors. When that duty is breached – through a wet floor with no warning sign, a broken staircase, inadequate lighting, or a poorly maintained parking lot – and a visitor suffers a traumatic brain injury as a result, the property owner may be held liable.

These cases hinge on what the owner knew or should have known about the hazard, and whether they took reasonable steps to address it. Evidence such as maintenance logs, prior incident reports, surveillance footage, and inspection records can be decisive.

Understanding what a TBI settlement looks like in California can help families set realistic expectations before litigation begins.

Intentional Acts as a Basis for TBI Claims

Not every traumatic brain injury results from an accident. Assault, domestic violence, and other deliberate acts can cause severe head trauma. In these situations, the person who committed the act may face both criminal prosecution and civil liability.

A civil claim for an intentional TBI is separate from any criminal case. Even if the perpetrator is not criminally convicted, a civil court may still find them liable for damages. California law allows survivors to pursue compensation regardless of the criminal outcome.

Case Pattern: A victim of a physical assault sustained a traumatic brain injury that was not immediately recognized. Weeks passed before a diagnosis was confirmed. By then, the window for preserving key evidence had narrowed significantly. Early legal intervention helped document the injury’s connection to the assault and supported the civil claim that followed.

Many TBI survivors do not realize the full extent of their injuries right away. Our post on why some brain injury survivors don’t realize they’re injured addresses this important issue in detail.

Building the Evidence You Need

Regardless of how a TBI occurred, the strength of a legal claim depends on the quality of the evidence assembled. Medical records are the foundation – imaging studies, emergency room reports, neurological evaluations, and treatment notes all document the injury and its effects. Witness statements capture what happened at the scene. In some cases, reconstruction analysis or professional testimony helps explain how the injury occurred.

California courts require proof that the other party’s conduct was the direct cause of the TBI and the damages that followed. That chain of causation must be clear and well-supported. Gaps in documentation can weaken even a legitimate claim.

Families who are unsure whether they have grounds to pursue a case can learn more about suing for brain damage in California before making any decisions.

Why Legal Guidance Matters in TBI Cases

For decades, I have stood with families as they steer some of the most challenging moments of their lives. A TBI does not just affect the survivor – it reshapes the entire family. The financial toll grows as medical bills accumulate, income disappears, and long-term care becomes necessary. The fracture that runs through a family after a serious brain injury is often too deep for any judgment alone to mend.

That is why the legal process matters. Discovery, evidence preservation, and a clear-eyed pursuit of accountability – these are not just legal strategies, but safeguards for families who deserve answers and fair compensation. A steadfast commitment to truth restores what negligence tried to take away.

Hackard Law litigates TBI cases throughout California. You can also reach our Mather TBI attorney for representation in that area.

Key Definitions

Traumatic brain injury (TBI): A disorder in brain function caused by a blow, jolt, or penetrating injury to the head.
Negligence: A failure to take adequate precautions that directly harms someone else.
Premises liability: Legal responsibility of a property owner for injuries that occur due to unsafe conditions on their property.
Causation: The requirement that the defendant’s actions directly resulted in the plaintiff’s injury and damages.
Damages: Compensation sought in a personal injury case, including medical expenses, lost wages, and pain and suffering.
Intentional tort: A civil wrong arising from a deliberate act rather than carelessness or accident.
Statute of limitations: The legal deadline for filing a personal injury claim in California, typically two years after the date of injury.
Evidence preservation: The process of collecting and protecting documentation, records, and physical evidence relevant to a legal claim.
Contingency fee: A fee arrangement in which the attorney is paid only if the case results in a recovery for the client.

What to Do Next

Acquire copies of all medical records related to the injury, including emergency room visits, imaging, and follow-up care.
Look for any documentation of the incident – police reports, incident reports, or written accounts from witnesses.
Try to avoid making recorded statements to insurance adjusters before speaking with an attorney.
Write down everything you remember about how the injury occurred while the details are still fresh.
Look for any photographs or video from the scene, including surveillance footage that may be overwritten quickly.
Get a neurological evaluation if you have not already – some TBI symptoms appear days or weeks after the initial injury.
Try to avoid settling with an insurance company before the full extent of the injury is known.
Reach out to Hackard Law for a free consultation to understand your legal options.
Call Hackard Law at (916) 313-3030 to speak with our team about your TBI case.
Visit our contact page to get in touch online and book a consultation.