Although children may face a higher risk of being ejected from a car during a crash, any passengers that are not wearing seatbelts can be ejected. For children, it is crucial that they are properly secured in an age-appropriate car seat or booster seat. If these important safety measures are not taken, and you are involved in a car accident, you are at high risk for serious ejection injuries. However, in some cases, faulty safety equipment can be the culprit. If that is the case, consult with a Joplin car accident lawyer for assistance.
The principal cause of car accident ejection injuries
The cause of most ejection injuries resulting from car accidents is a passenger being unbuckled and thrown from a windshield, window or door during the collision. However, there are many different contributing factors that may play a role. For example, malfunctioning seat belts, broken doors, malfunctioning car or booster seats. Driver errors such as speeding, driving under the influence, and improper car seat installation can also be factors.
The risk of ejection can also depend on type of glass installed in the vehicle
As a Joplin car accident lawyer can tell you, many people do not realize that the type of glass that is installed in the side windows of your vehicle can increase your ejection risk. Traditional glass has a higher chance of shattering, either partially or completely. However, laminated glass is made to not shatter as easily, which can provide better protection for you and your family.
Types of vehicle ejections
Not all vehicle ejection injuries are the same. An ejection could be only partial, meaning that a body part crashes through the glass or leaves the vehicle, but the entire body is not thrown out. Appendages that end up on the outside of the vehicle during a rollover accident are often crushed. A complete or total ejection, of course, means the person is thrown entirely outside of the vehicle.
Types of ejection injuries that may be suffered
When a high impact collision involving significant momentum occurs, total ejection is most common. In those cases, the injuries that result are usually quite serious. These injuries often include broken bones, concussions, traumatic brain injuries, torn ligaments or muscles, loss of limbs, paralysis or death. If you or a loved one has suffered these types of injuries following an ejectment, contact your Joplin car accident lawyer.
Ejection injuries especially common in children
As compared to adults, children are at a much higher risk of death in serious car accidents, especially when they are ejected. A child less than four years old typically has the highest fatality rate. Most often, children suffer traumatic spinal injuries as a result of the failure to use a car or booster seats or to use them properly.
The best advice is to buckle up
It may seem obvious but the best way to avoid, or at least significantly reduce, the risk of ejection injuries is to always wear your seat belt and secure children in appropriate car seats. However, it doesn’t end there. You should also perform a routine assessment of child seat installation to ensure it is properly put in. Also be aware of potential recalls of your particular car seat and pay attention to the seats expiration date.
How much can you recover for damages?
The amount of compensation you may recover after a car accident depends on the type of damages you suffered. Each claim is different, both factually and with regard to which laws apply to your claim. The most important element used in determining the value of a car accident claim is the nature and seriousness of your injuries.
The purpose of a damages award
The purpose of a damages award in a personal injury case is to make the victim “whole.” This basically means compensating the victim for everything was lost as a result of the accident or injury. The only way to accomplish that is through a monetary award.
In most car accident cases, the primary component of damages is medical expenses incurred as a result of the accident. Reimbursement for medical treatment basically includes compensation for treatment already received, as well as the estimated costs of any medical care that may be required in the future. Additionally, the injuries suffered can have a substantial impact on the victim’s ability to return to work, either temporarily or permanently. In that case, damages may include future income.
Emotional Distress and Pain and Suffering
Another important component of damages in nearly every car accident case is compensation for pain and suffering. If you suffer pain and severe discomfort at the time of the injury, as well as ongoing pain, that is a separate type of damages for which compensation may be available. Another thing to consider is the effect of more severe injuries, which often lead to emotional distress damages for the psychological impact of the injuries.
If you have questions regarding car accidents or any other personal injury issues in Arkansas or Missouri, please contact the Cottrell Law Office for a free consultation, either online or by calling toll-free at (888) 433-4861.
He is licensed to practice law in the United States District Court for the District of Kansas, eastern Arkansas, western Arkansas, and western Missouri. He was Deputy Prosecuting Attorney in Crawford County, Kansas from 1987-1989.
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