Car Ejection Lawyer
No one should fear injuries from a car accident ejection since motor vehicles are supposed to be equipped with safety measures designed to prohibit, or at least mitigate, the risk of this circumstance from ever occurring, including seat belt restraints and air bags along with doors, roofs, and windows of sufficient strength. Unfortunately, drivers and passengers can still be ejected from motor vehicles, which often lead to catastrophic injuries.
What Causes a Car Accident Ejection?
The following are factors that lead to car occupants being ejected from their vehicles:
- SUV rollovers
- Car seat dislodging
- Failure of seat belt restraints
- Failure of front or side air bags to deploy
- Air bag that deflates during rollover
- Weak window strength
- Insufficient roof strength during rollover accident
- Car doors that are not properly attached
Frightening injuries can result from such accidents that can be life-altering for victims and their families. Contact a motor vehicle ejection lawyer from the Law Offices Burns & Jain who can handle the complicated liability, causation and serious medical issues that can arise in these complex cases.
Are Car Ejection Cases Different from Other Injury Claims?
In a typical car accident injury claim, we look to the conduct of another motorist whose negligent driving such as speeding, failure to obey a traffic signal or sign, unsafe lane change, or other careless driving led to your accident and resulting injuries. In a car accident ejection case, it may be equipment or design failure that caused you or a loved one to be ejected from their seat and through a window, door, or hole in the roof that resulted in a serious, debilitating injury that might otherwise have not occurred.
To find liability on the part of a car manufacturer or designer, the principles of product liability are followed to show the following:
- Proof of a defective product
- Proof that a defect caused the motor vehicle to be rendered unsafe for its intended and reasonably foreseeable use
- That the car or product in the vehicle was defectively designed or manufactured
- That the defect was the proximate cause of the injury or the injury was a direct, natural or probable result of the defect
- That the defect constituted a breach of express and implied warranties
If the defect is considered unreasonably dangerous, then strict liability would apply and fault need not be shown and the victim need only prove damages.
Injuries from a Car Ejection
Being ejected from a car during an accident can cause serious and catastrophic injuries such as the following:
- Spinal cord injuries
- Fractured skull
- Facial fractures
- Crushed vertebrae
- Broken and crushed limbs
- Traumatic brain injury
- Internal injuries to organs
The medical expenses that accompany a serious, devastating injury can be in the hundreds of thousands of dollars or more for physical therapy, rehabilitative treatment, psychological counseling, or surgical procedures. Victims of such accidents, even if they are able to return to work, often suffer chronic pain, and are no longer able to participate in their favorite recreational activities. If a brain injury occurs, cognitive abilities may be severely decreased along with mood and personality changes, depression, and the breakup of relationships.
Damages in a Car Ejection Claim
Compensable damages in a car ejection claim include:
- Past and future medical expenses
- Lost earnings
- Emotional distress
- Pain and suffering
In Massachusetts, punitive damages are possible in a wrongful death claim only. These damages are designed to punish the responsible party if its conduct was grossly negligent or demonstrated a willful indifference to the rights and safety of others. Knowingly designing a vehicle that cannot withstand certain forces generated in a foreseeable car accident scenario or that fail to meet recognized industry standards might qualify though allowing such damages is not common.
Having a car accident attorney who has handled these complicated cases is essential, especially where a victim faces overwhelming medical expenses and a lifetime of decreased mental or physical capacities. Call the Law Offices Burns & Jain if you or a loved one suffered injuries and receive a free analysis of your injury claim. We only collect our fees if you receive compensation for your injuries.