We’ve all probably seen a few action movies where the bad guys get ejected from their vehicles. While it certainly adds dramatic flair, you wouldn’t want to be ejected from your seat while driving on the streets of New York. Ejection accidents are some of the most dangerous types of car accidents, and the injuries a person experiences are severe, leading to long recovery times at best or permanent disabilities and death at worst. That is why we take it upon ourselves as a car accident lawyer in the Bronx to explain everything you need to know about ejection accidents and how you can go about recovering compensation for your injuries.
What is an ejection accident?
An ejection accident is a type of vehicle accident where the driver or the passenger is thrown out from the vehicle during a crash, typically through the windshield or window. A person can be ejected from the vehicle during a crash for reasons such as failing to wear a seatbelt, vehicles rolling over, high-speed collisions, improperly secured passengers, or the crash involving old or poorly maintained vehicles.
Common injuries seen in ejection accidents
Ejection accidents are some of the most dangerous types of car accidents a person can experience, mainly due to the number of serious and life-threatening events a person can experience due to being thrown out of a moving vehicle that comes to a sudden halt. Some of the most common and serious injuries include:
- Lacerations
- Bone fractures
- Spinal cord injuries
- Traumatic Brain Injury (TBI)
- Damage to internal organs
- Soft tissue injuries
- Serious disfigurement
- Amputations
- Full or partial paralysis
What can we do to prevent ejection accidents?
An ejection accident occurs under specific circumstances, and there are a lot of things drivers and passengers can do to prevent this outcome. Some of the safety steps a person can take to reduce the likelihood of an ejection are:
- Wearing seatbelts
- Driving passively and obeying traffic laws
- Avoiding excessive speeding
- Regularly inspecting the condition of your vehicle, especially the condition of the vehicle’s safety features
- Avoiding driving while under the influence of alcohol, drugs, or medications.
How can an ejection impact compensation?
Like any other car accident in New York, you are able to claim compensation for medical expenses, lost wages, and other related expenses for up to $50,000 through your Personal Injury Protection (PIP) coverage. Since it’s a no-fault insurance, the compensation can be claimed irrespective of your fault in the accident.
Considering the nature of ejection accidents, you are most likely to suffer a “severe injury,” such as a bone fracture, serious disfigurement, or the permanent loss of a limb, organ, or body function. Suffering a “serious injury” would allow you to claim additional compensation through a personal injury lawsuit. Keep in mind that this lawsuit must be filed within three years of the date of the accident.
However, there are also times where the victim may be considered partially to blame for their injuries, such as a situation where they were ejected due to not wearing a seatbelt. In such situations, New York’s pure comparative negligence rule says that any compensation they receive should be reduced by the extent of the fault that is placed on them. For example, if the fault is stated to be 10%, their compensation will be reduced by 10%.
Conclusion
If you have been injured in an ejection accident, proper medical care and legal assistance will be needed to help you get your life back on track. While you may be entitled to compensation, getting to it certainly will not be easy, especially if you have to go about handling everything by yourself, which is why Gabriel Law is here to help. As your premier accident lawyer in Queens, we will be with you every step of the way and fight for the settlement you deserve. Contact us today and schedule your free and confidential consultation.