Handicapped Transportation Accident Lawyer

Passengers who use wheelchairs are often injured in transportation accidents because of a lack of safety precautions and procedures. These injuries can be devastating and frustrating, especially if those responsible for the passenger's safety did not take proper care.

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC are dedicated to helping people like you get the justice they deserve. We understand the complex legal issues involved in these cases and will fight for the best possible outcome for you.

Contact our car accident lawyers at our law firm for a free consultation for the handicapped transportation accident.

Handicapped Transportation Accident

According to the National Highway Traffic Safety Administration (NHTSA), a handicapped transportation accident is defined as an incident when a person who uses a wheelchair, scooter, or other mobility device is involved in a crash with a transport vehicle.

As with any form of transportation, there is always a risk of accidents when using handicapped transportation. These collisions can include anything from slip and fall accidents to serious vehicle collisions.

Injuries sustained in these mishaps can be severe, often leaving accident victims with long-term or permanent disabilities.

If you or a loved one has been harmed in a motor vehicle accident, it is important to seek legal representation. A qualified personal injury lawyer can help you file a compensation claim and ensure that you receive the full amount you are owed.

Types of Handicapped Transportation Crashes

There are a few different types of handicapped transportation accidents that can occur. The most common type is when a wheelchair user falls out of their wheelchair while being transported.

Some of the most common types of handicapped transportation crashes include:

Motor Vehicle Collisions

People with disabilities riding in a handicapped transportation van can suffer catastrophic injuries during a collision with other vehicles or objects, especially if their wheelchairs or straps become loose in the crash.

Falls

Passengers in wheelchairs can easily fall out of their chairs if the vehicle suddenly stops or makes a sharp turn. These incidents can cause severe injuries, such as broken bones.

Fires

A handicapped transportation van colliding with another vehicle or object at a high rate of speed can explode or ignite due to the gas tank and flammable materials. These collisions are often catastrophic when people with disabilities strapped in their wheelchairs cannot quickly exit the vehicle during the blaze.

Exposure to the Elements

Wheelchairs that are not properly protected from the elements can get very cold or hot, depending on the weather conditions. The exposure can cause passengers to become ill or suffer from heatstroke or frostbite.

Places Where Wheelchair Transportation Accidents Occur

According to the National Highway Traffic Safety Administration (NHTSA), nearly 2,500 crashes involved pedestrians who used wheelchairs or other mobility devices in 2019.

These crashes resulted in more than 4,500 injuries and about 95 deaths. Preventing these crashes is key to keeping wheelchair users safe.

People in wheelchairs can experience incidents in locations other than inside the transportation van when away from their home, assisted living center, or nursing facility. These locations could include transporting to:

• Stores
• Outdoors
• Doctors' offices

Causes of Handicapped Accidents

Several potential causes for mishaps involve the handicapped Americans with Disabilities Act. One major cause is the lack of accessible infrastructure.

Many public places are not wheelchair-accessible, including churches, shopping malls, and schools. As a result, it can leave wheelchair users stranded or isolated in certain areas, leading to mishaps.

Disabled people often face barriers when participating in everyday life, leading to frustration and dangerous situations.

A Lack of Training Employees

One common cause of handicapped transport accidents is a lack of accessible parking, leading to wheelchair users being stranded on the street or in another dangerous situation. Poor design of public facilities can also be a problem, as can a lack of training for employees who work with disabled individuals.

Finally, many incidents happen because of a lack of awareness or understanding of non-disabled persons. For example, a wheelchair user may be trying to cross the street in a crosswalk, but a driver never saw them before the collision.

These factors can lead to dangerous and preventable incidents involving handicapped people. Therefore, it is important to be aware of the risks and mitigate them as much as possible.

For example, businesses can make their facilities more accessible, and individuals can make an effort to be more understanding and accommodate disabled persons.

Wheelchair Transportation Accident Serious Injuries

Injuries can happen in any type of transportation collision, but lifelong complications can be more severe when those crashes involve people with disabilities. Some common injuries suffered in handicapped transportation accidents include:

• Spinal cord damage
• Traumatic brain injury
• Fractures and broken bones
• Cuts and lacerations
• Burns
• Internal bleeding

These injuries can have a life-altering impact on the victim and their loved ones. If you have been hurt in a handicapped transportation accident, it is important to seek legal assistance right away.

Our qualified personal injury lawyers can help you get the compensation you deserve for your injuries.

Who Is at Fault in Wheelchair Transportation Accident?

When it comes to a wheelchair transportation mishap, there can be a lot of finger-pointing as to who is at fault. However, determining fault is not always clear regarding collisions with handicapped passengers.

The fault may lie with the drivers or transportation companies responsible for transporting the passengers in some cases. But in other cases, the responsibility may lie with the handicapped passenger.

When the Driver or Company Is At Fault

One situation in which the driver or company may be at fault is when they do not properly secure a wheelchair lift or other assistive device. It can lead to the passenger becoming injured during transport.

Another situation where the driver or company may be at fault is when they fail to accommodate a handicapped passenger properly, such as not providing an accessible motor vehicle.

However, the fault may lie with the handicapped passenger in some cases. For example, if they become disruptive or uncooperative during transport, this can lead to an accident.

Additionally, if a handicapped passenger attempts to exit the vehicle while in motion, they may become harmed.

Understanding both the driver or company's responsibilities and the passenger's responsibilities makes it easier to assess liability in such cases.

Things to Do After Wheelchair Transportation Crashes

Have you been involved in a wheelchair transportation accident? There are some things that you should do to ensure your safety and protect your legal rights.

• First, make sure that you receive medical attention for any injuries you have sustained in the accident. It is important to get checked out by a doctor, even if you don't think that you are injured. Many injuries, such as whiplash, may not be immediately apparent.
• Second, contact an attorney. Wheelchair transportation mishaps can be complex and involve many different legal issues. Car accident lawyers can help you navigate the legal process and get your deserved compensation. Also, file a police report.
• Third, keep a record of everything that happens following the accident. It includes all of your medical records, receipts for any expenses incurred due to the incident, and copies of any letters or emails involving the accident.

Finally, do not hesitate to contact our law office if you have any questions or concerns. They should be willing to answer your questions and help you resolve any issues.

Prove Negligence in Transportation Accident Lawsuits

You need to follow a few key steps to prove negligence in a transportation accident lawsuit:

• The injured party must show that the defendant owed them a duty of care.
• They must demonstrate that the defendant breached this duty of care.
• They must show that this breach caused their injuries.

Duty of Care

The injured party must show a relationship between them and the defendant to prove negligence. For example, a duty of care could be a doctor-patient relationship, employer-employee relationship, or a carrier-passenger relationship where one party must ensure the other’s safety.

Breach of Duty of Care

Next, the injured party must show that the defendant breached their duty of care. The injured party can do this by demonstrating that the defendant did not act as a reasonable person would have in the same situation.

Causation

Finally, the injured party must show that the defendant's breach of duty caused their injuries. By showing that the injuries would not have happened if the defendant had acted appropriately.

Contact a Handicapped Transportation Accident Attorney

If you have been in a vehicle accident and are seeking legal assistance, contact a handicapped transportation accident attorney. Our lawyers will help you understand your rights and guide you through legal issues.

Our accident lawyers can help you file a claim and negotiate with the insurance company. You may be entitled to recover compensation for medical expenses, property damage, and lost wages.

Call qualified injury lawyers at our injury law firm (888) 424-5757) today to schedule a free consultation for your case. They have the experience and resources necessary to help you recover the maximum amount of compensation possible for your injuries.

Resources:

• Injury Risk to Wheelchair Occupants in Accidents - NCBI
• NHTSA - Vehicle Safety for Adapted Vehicles