Wheelchair Accidents

Liability and Legal Remedies for the Injured

Wheelchairs are essential tools for those with mobility impairments, offering increased independence and access to various aspects of life. Despite their critical role, wheelchair users face significant risks, including accidents that can lead to serious injuries. These accidents can occur due to mechanical failures, environmental hazards, or mishaps during transportation. Understanding the types of accidents, potential injuries, and legal avenues for seeking redress is crucial for wheelchair users and their families.

Types of Wheelchair Accidents

Wheelchair defects can manifest in various forms, each posing unique risks to users. Some of the most common defects include:

1. Tip-Overs

Tip-overs are a frequent risk for wheelchair users and can happen for several reasons:

Unbalanced Load: Carrying heavy or unevenly distributed loads can make a wheelchair unstable. This instability increases the risk of tipping over, especially if the load shifts suddenly.
Abrupt Movements: Quick turns or sudden accelerations can cause a wheelchair to tip, particularly if the user is not seated properly. Caster or wheel failures are also a leading cause of sudden movements and tip overs
Uneven Surfaces: Navigating uneven sidewalks, potholes, or rough terrain can destabilize the wheelchair, leading to dangerous tip-overs.

2. Ramp Failures or Steepness

Wheelchair ramps are designed to provide safe access to buildings and vehicles, but problems can arise:

Ramp Failures: Poor construction or lack of maintenance can lead to ramp failures, such as collapsing or becoming detached. Other ramp accidents can occur due to the ramp not being secured or level. Such failures pose a serious risk to wheelchair users who rely on these ramps for mobility.
Excessive Steepness: Ramps that are too steep can be difficult to navigate, increasing the risk of losing control and tipping over. Users may struggle to ascend or descend safely, leading to potential accidents. Ramps without a smooth transition at the top or bottom of the ramp can caused a “trip” which can send the wheelchair off the ramp or caused a tip-over.

3. Frame and Back Collapse

Wheelchair frames and backs are designed to provide structural support. However:

Manufacturing Defects: Defects in the wheelchair’s frame or back can lead to collapse. This is particularly dangerous during high-impact situations like motor vehicle accidents (MVAs).
Wear and Tear: Over time, wear and tear can compromise the integrity of the wheelchair’s frame and back. Sudden collapse during use can result in the user being ejected from the wheelchair, leading to severe injuries.

4. Improper Tie-Downs

Securing a wheelchair during transportation is essential for safety. Problems with tie-downs can include:

Unsecured Movement: Improperly secured wheelchairs can shift during transit, causing instability and increasing the risk of accidents.
Sudden Stops: Inadequate tie-downs can lead to sudden movements or jolts during sudden stops, which may cause the user to be thrown from the wheelchair or suffer other injuries.

5. Battery Fires and Burns

Electric wheelchairs rely on batteries, which can pose significant risks:

Battery Fires: Faulty or damaged batteries can overheat and catch fire. This is especially concerning when it is a lithium-ion battery that catches fire. This poses a serious risk of burns and other injuries to the user as in many times they may be alone and unable to escape the fire, resulting is burns and even death.
Electrical Shorts: Malfunctions in the electrical system and charging systems can lead to shorts, causing fires that result in burns, smoke inhalation, or other injuries.

6. Fires from Electrical Shorts

Electrical issues in electric wheelchairs can result in:

Short Circuits: Electrical shorts can cause fires, posing a severe risk of burns and other injuries. Users may suffer from direct burns or smoke-related injuries.
Component Failures: Malfunctioning components in wheelchair battery or charger can increase the risk of fires, leading to significant harm to the user.

7. Van and Mass Transit Lift Collapses

Lifts used in vans and public transportation are vital for accessibility but can be hazardous if:

Lifts Collapse: Poor maintenance or mechanical failure can cause lifts to collapse, leading to falls or serious injuries.
Malfunctioning Mechanisms: Lifts that do not operate correctly can pose significant risks during boarding and alighting, increasing the potential for accidents.

8. Brake Failures and Brake Releases

Brakes are crucial for maintaining control of a wheelchair. Failures or design issues can result in:

Brake Malfunctions: Faulty brakes can lead to uncontrolled movement, increasing the risk of falls especially during transfers.
Brake Releases: Accidental release of the brake, often due to design defects or improper use, can cause the wheelchair to roll away uncontrollably, leading to potential accidents.

9. Uneven Sidewalks and Potholes

Environmental hazards can contribute to wheelchair accidents:

Uneven Sidewalks: Cracked or uneven sidewalks can destabilize the wheelchair, leading to tip-overs and falls.
Potholes: Large potholes can cause sudden jolts or imbalances, resulting in tip-overs or other accidents.

10. Parking Lots with Large Cracks or Holes

Parking lots with significant damage pose risks such as:

Cracks and Holes: Large cracks or holes can cause wheelchairs to become stuck or tip over, leading to falls and injuries.

Types of Injuries Resulting from Wheelchair Accidents

The injuries resulting from wheelchair accidents can range from minor to severe, depending on the nature of the accident and the individual’s health. Common injuries include:

1. Fractures and Dislocations

Accidents like tip-overs and collisions often result in:

Fractures: Broken bones are common, particularly for individuals with pre-existing bone conditions such as osteoporosis.
Dislocations: Joints can be dislocated during sudden impacts or falls, requiring medical attention and possibly surgery.

2. Burns and Electrical Injuries

Battery fires or electrical shorts can lead to:

Burns: Severe burns from fires or electrical malfunctions can require extensive medical treatment and rehabilitation.
Electrical Injuries: Electric shocks can cause burns, nerve damage, or other serious health issues.

3. Soft Tissue Injuries

Falls or collisions can result in:

Bruises and Contusions: Soft tissue injuries such as bruises and contusions are common, often causing pain and swelling.
Lacerations: Cuts or abrasions can occur from impacts or falls, requiring medical treatment to prevent infection.

4. Head and Spinal Injuries

Wheelchair accidents involving falls or in MVA can cause:

Head Injuries: Concussions or more severe brain injuries from falls or collisions can have long-term effects.
Spinal Injuries: Damage to the spine can exacerbate existing paralysis or create new neurological issues, impacting mobility and overall health.

5. Pressure Sores and Ulcers

For individuals with limited mobility:

Pressure Sores: New injuries can worsen existing pressure sores or cause new ones, leading to complications and infections.
Infections: Open wounds from accidents can become infected, requiring additional medical treatment and care.

Let Us Help you

Wheelchair accidents present significant risks and can result from various factors including mechanical failures, environmental hazards, and mishaps during transportation. The injuries from such accidents can have profound effects on individuals, particularly those with pre-existing health conditions. Understanding the types of accidents and their potential consequences is crucial for preventing incidents and addressing them effectively.

For those affected by wheelchair accidents, pursuing legal action can provide necessary support and compensation for medical expenses, pain and suffering, and other damages. By holding accountable those responsible for defective products, negligent maintenance, or hazardous conditions, we can work towards enhancing safety and improving the quality of life for wheelchair users.

Wheelchair Accidents

Liability and Legal Remedies for the Injured

Types of Wheelchair Accidents

Types of Injuries Resulting from Wheelchair Accidents

1. Fractures and Dislocations

2. Burns and Electrical Injuries

3. Soft Tissue Injuries

4. Head and Spinal Injuries

5. Pressure Sores and Ulcers

Let Us Help you

Wheelchair Injuries

Wheelchair Accidents

Defective Wheelchairs

Wheelchair Recalls

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