Anytime a serious car accident occurs, there is always the potential that the motorist or passenger could be thrown from the interior out the window at extreme velocity. When passengers and/or the driver is ejected, statistics indicate they will likely be critically injured or killed at a rate of three times more than an accident victim who remains in the vehicle during the impact. For decades, restraining devices including seat belts have kept drivers and passengers from being thrown from the vehicle during a car crash. Rosenfeld Injury Lawyers LLC represent passengers with injuries sustained after getting thrown from a vehicle in Chicago accidents.
The National Highway Traffic Safety Administration (NHTSA) states that nearly 30 percent of all fatalities suffered in car crashes involve an ejection of occupants. In addition to sustained injuries that are associated with an occupant ejection from a vehicle, car accident victims have an increased potential of being run over by other drivers who are passing by.
Occupant Ejection Causes
Automobile manufacturers have made significantly improved safety designs over the last 50 years. Motor vehicles now have extensive equipment including safety equipment to help keep vehicle occupants inside the car during an accident. Unfortunately, sometimes these installed safety devices experience failure during a car crash, causing an occupant ejection from the vehicle.
Motorists and passengers can be ejected from nearly any type of vehicle accident. However, there are specific causes that tend to increase the susceptibility of an occupant ejection from a vehicle. Some of these include:
- Defective seatbelt
- Rollover crash
- Malfunctioning door latch
- Weak window glass
Ejection from a vehicle typically falls into one of two categories including complete or partial ejection. Specifically each one involves:
- Complete Ejection – Occupants completely thrown away from the car during the time of impact often have an increased risk of being run over during a rollover, or by other vehicles passing the scene of the accident.
- Partial Ejection – Sometimes the occupant’s body is thrown forward through the windshield, or thrown slightly out the side window. A partial ejection might occur when the seatbelt on an occupant malfunctions, causing the victim’s body to partially eject inside and outside the vehicle after the impact. This can be extremely dangerous if the vehicle is rolling after the collision.
Common Ejection Injuries
Occupants who have been ejected from a vehicle during a crash impact can sustain specific injuries that might be serious, and at times, life-threatening. The most common types of occupant ejection injuries include:
- Severe head injury
- Broken bones
- Brain damage
- Torso and rib injury
- Spinal cord injury
- TBI (traumatic brain injury)
Hiring an Attorney to Prosecute an Accident Involving An Ejected Car Passenger
Treating injuries associated with an occupant ejection is often complex and expensive. Determining responsibility of the accident can be challenging, and usually requires the skills of experienced personal injury attorneys who specialize in car accidents. Lawyers usually build strong cases for financial compensation by determining fault through numerous factors. Some of these factors include:
- Determining if the airbags worked or were defective;
- Determining the actions of all other drivers involved;
- Determining if the occupant thrown from the vehicle was wearing a seat belt, and/or if it malfunctioned;
- Determining if the driver was under the influence or distracted when the crash occurred;
- Determining if the vehicle’s tires failed, blew out or shred prior to the crash occurring.
Building a Case To Recover Compensation Involving Occupant Ejection Injuries
To receive financial recompense, the victim will need to develop a strong claim against the insurance carrier for an out-of-court settlement or file a lawsuit to hear the case at trial. Vehicle testing will need to be performed, road conditions will need to be evaluated, witnesses contacted, and medical records examined. Once the attorney is able to establish responsibility, documentation can be submitted to the insurance carrier for financial recompense.
The victim ejected from the vehicle can expect to obtain monetary compensation. Usually this amount is substantially high enough to cover all crash-related expenses including ongoing medical costs, rehabilitation, recovery of any lost wages from missed work, along with funds for pain and suffering.
Rosenfeld Injury Lawyers LLC are experienced at handling Chicago car accidents involving car ejection. Working as your advocate, we take cases on a contingency fee basis, meaning our services are paid out of the settlement or award at trial. If we cannot secure compensation on your behalf, you owe us nothing. For a free consultation and evaluation of the merits of the claim, contact us here.