Wheelchair Injuries to Users in a Motor Vehicle Accident (MVA)
Welcome to www.wheelchairinjurylawyer.com, your trusted resource for legal assistance if you or a loved one has suffered injuries as a wheelchair user in a motor vehicle accident (MVA). This page will discuss the biomedical aspects of wheelchair users hitting interior hard objects in a car, bus, or mass transit during a wreck, what can be done to prevent such injuries, and your legal options for seeking compensation from manufacturers or other parties at fault.
Understanding Wheelchair Injuries in Motor Vehicle Accidents
Wheelchair users face unique risks when involved in motor vehicle accidents. The lack of proper restraints and securement systems can result in severe injuries when a wheelchair user is thrown against hard interior objects during a collision. These injuries can be life-altering and may require extensive medical treatment and long-term care.
Types of Injuries Sustained by Wheelchair Users
Wheelchair users involved in MVAs can sustain various types of injuries, many of which are severe due to the nature of the impact and the lack of adequate protection. Common injuries include:
Head Injuries:
- Traumatic Brain Injuries (TBI): When the head strikes hard surfaces, such as windows, dashboards, or seat backs, it can result in TBIs, which can cause cognitive deficits, memory loss, and personality changes.
- Concussions: A concussion is a mild form of TBI that can cause headaches, dizziness, and confusion.
Spinal Cord Injuries:
- Paralysis: Damage to the spinal cord can lead to partial or complete paralysis, affecting mobility and independence.
- Nerve Damage: Injuries to the spinal cord can also cause nerve damage, leading to chronic pain and loss of sensation.
Bone Fractures:
- Broken Bones: The impact of a collision can result in broken bones, particularly in the arms, legs, and ribs.
- Pelvic Fractures: The pelvis can be especially vulnerable in accidents, leading to fractures that require long-term rehabilitation.
Internal Injuries:
- Organ Damage: The force of an impact can cause internal injuries, such as damage to the liver, kidneys, and spleen.
- Internal Bleeding: These injuries can also lead to internal bleeding, which can be life-threatening if not treated promptly.
Soft Tissue Injuries:
- Whiplash: The sudden jolt of a collision can cause whiplash, resulting in neck pain and stiffness.
- Bruises and Lacerations: Impact with hard surfaces can cause bruises and cuts that may require medical attention.
Biomedical Aspects of Impact in Motor Vehicle Accidents
When a wheelchair user is involved in a motor vehicle accident, the lack of proper restraints can lead to significant biomedical consequences. The forces exerted on the body during a collision can result in the aforementioned injuries due to the following factors:
During a collision, the kinetic energy from the moving vehicle is transferred to the wheelchair user. Without proper restraints, this energy can cause the user to be violently thrown against hard interior objects, leading to severe injuries.
Many vehicles, including cars, buses, and mass transit systems, do not have adequate securement systems for wheelchairs. This lack of securement allows the wheelchair to move freely during a collision, increasing the risk of injury.
After the initial impact, secondary impacts occur when the user strikes interior surfaces such as windows, seatbacks, or dashboards. These secondary impacts can compound the severity of injuries.
Standard seat belts are often not sufficient to restrain wheelchair users properly. Specialized restraints are necessary to ensure that both the wheelchair and the user are secured during transit.
Preventing Injuries to Wheelchair Users in Motor Vehicle Accidents
Preventing injuries to wheelchair users in MVAs involves a combination of proper vehicle modifications, use of securement systems, and adherence to safety guidelines. Here are some steps that can be taken to enhance safety:
1. Use of Proper Securement Systems
- Wheelchair Tie-Downs: Installing wheelchair tie-down systems in vehicles can prevent the wheelchair from moving during a collision.
- Occupant Restraint Systems: Using occupant restraint systems, such as shoulder harnesses and lap belts designed specifically for wheelchair users, can reduce the risk of injury.
2. Vehicle Modifications
- Accessible Vehicles: Using vehicles that are designed or modified for wheelchair accessibility ensures that securement systems can be properly installed and used.
- Crash-Tested Equipment: Ensuring that all equipment used in the vehicle, including the wheelchair and restraints, has been crash-tested and meets safety standards.
3. Training and Education
- Driver Training: Drivers should be trained in the proper securement of wheelchairs and the use of occupant restraint systems.
- User Education: Wheelchair users and their caregivers should be educated on the importance of using securement and restraint systems.
Legal Options for Injured Persons
If you or a loved one has been injured as a wheelchair user in a motor vehicle accident, you may be entitled to compensation. Understanding your legal options can help you navigate the process and ensure you receive the justice you deserve.
Manufacturers are responsible for ensuring their products are safe for use. If a manufacturing defect in the wheelchair or securement system caused your injury, you might have grounds to file a product liability lawsuit.
- Strict Liability: Manufacturers can be held strictly liable for injuries caused by defective products, meaning you do not need to prove negligence, only that the product was defective and caused your injury.
- Negligence: If the manufacturer failed to exercise reasonable care in the design, production, or quality control of the wheelchair or securement system, they could be held liable for negligence.
- Breach of Warranty: If the wheelchair or securement system failed to meet the standards promised by the manufacturer, you might claim breach of warranty.
Maintenance companies are responsible for ensuring that vehicles and equipment are properly serviced and safe to use. If improper maintenance caused your injury, you might have grounds to file a negligence lawsuit against the maintenance provider.
- Negligent Repairs: If the maintenance company performed substandard repairs or failed to identify and fix issues, they could be held liable for negligence.
- Failure to Inspect: If regular inspections were not conducted or were done inadequately, leading to unnoticed defects, the maintenance company could be liable.
Vehicle owners and operators, such as bus companies or transit authorities, are responsible for ensuring the safety of their passengers. If their negligence contributed to your injury, you might have grounds to file a premises liability or negligence lawsuit.
- Unsafe Conditions: Failure to provide proper securement systems or maintain safe conditions can make vehicle owners and operators liable for injuries.
- Driver Negligence: If the driver failed to secure the wheelchair properly or operated the vehicle recklessly, they could be held responsible for the resulting injuries.
To build a strong case, gathering and preserving evidence is crucial. Important steps include:
- Documenting the Incident: Take photos and videos of the accident scene, the vehicle, and your injuries.
- Saving the Wheelchair and Restraints: Preserve the wheelchair and any restraints used in their post-accident condition as evidence.
- Collecting Medical Records: Keep detailed records of your medical treatment and expenses.
- Witness Statements: Gather statements from witnesses who saw the accident or can attest to the conditions and securement methods used.
An experienced personal injury lawyer specializing in wheelchair accident cases can provide invaluable guidance and representation. They can help you understand your legal rights, gather evidence, and navigate the complex legal process.
- Free Consultation: Most personal injury lawyers offer free initial consultations to discuss your case and legal options.
- Contingency Fee Basis: Many lawyers work on a contingency fee basis, meaning you do not pay legal fees unless they win your case.
Contact Us Today
Wheelchair injuries in motor vehicle accidents can have devastating consequences, leading to severe injuries and significant emotional and financial burdens. If you have been injured as a wheelchair user in a motor vehicle accident, it is crucial to understand your legal options and take the necessary steps to seek compensation. At www.wheelchairinjurylawyer.com, we are dedicated to helping victims of wheelchair accidents. Our experienced personal injury lawyers are here to provide the support and guidance you need.
If you or a loved one has suffered an injury due to a wheelchair defect or accident, do not hesitate to contact us at www.wheelchairinjurylawyer.com. Call us today for a free consultation and take the first step towards securing the compensation and justice you deserve.