In the event of a significant accident, a situation in which a vehicle’s occupants are ejected is a distinct possibility. Depending on the circumstances, and especially for vehicles traveling at a high velocity at impact, injuries caused by ejection from a vehicle can be more life-threatening than many other injuries common in less severe car accidents. The Miami car accident lawyers at the Law Offices of Robert Dixon help victims injured after being ejected from a vehicle, as well as family members who have lost loved ones in these devastating collisions, pursue legal action against those responsible. Our firm provides compassionate and seasoned representation to clients in Miami-Dade, Broward, and Palm Beach Counties, as well as across South Florida. If you have questions regarding your legal rights after being injured in a car crash, contact our office today to speak with an attorney and schedule a free consultation about your options.
Injuries Caused by Ejection from a VehicleThe National Highway Traffic Safety Administration (NHTSA) has reported that almost 30 percent of all fatalities that occur in a motor vehicle collision involve an individual who has been ejected from a vehicle. Ejected drivers and passengers not only are more likely to suffer fatal injuries related to the initial impact but also have a higher likelihood of being run over by other motorists. Other life-altering injuries that are suffered by ejected occupants include:
Ejection from a vehicle is broken down into two categories – complete ejection and partial ejection. Complete ejection occurs when an occupant is thrown completely out of the vehicle, while partial ejection refers to situations in which part of an occupant’s body is ejected through a windshield or window. Many factors may be involved in causing an occupant’s ejection, including defective vehicle parts, such as malfunctioning seatbelts or weak glass, as well as the type of accident that occurs. SUV rollover accidents, for example, have higher incidents of occupant ejections than other kinds of collisions.
Liability for Ejection InjuriesMost car crashes are due to a driver’s negligence behind the wheel. In order to prevail on a personal injury or wrongful death claim, victims or their relatives must establish the elements of negligence. Negligence exists when a driver or another at-fault party breaches a duty to exercise reasonable care, causing the victim’s injuries and resulting in damages. When a driver breaches a duty owed to other motorists, such as by speeding excessively or texting, and they strike another vehicle, causing a victim to be ejected, they should be held legally liable for the harm caused.
In some instances, a victim may have also been somewhat negligent in causing their own injuries, such as situations in which they are not wearing a seatbelt properly. In Florida, damages are awarded in proportion to each liable party’s degree of fault. Therefore, even if a victim is found 60 percent at fault, they can still receive 40 percent of the damages from another negligent party. Compensation available for injuries caused an ejection from a vehicle include past and future medical costs, loss of income, diminished earning capacity, and pain and suffering.
Contact a Knowledgeable Car Crash Lawyer in the Miami AreaThe road to recovery following a serious car accident can be long, as well as costly. Making sure that the proper parties are held accountable is a top priority for the attorneys at the Law Offices of Robert Dixon. We understand that legal recourse is not the first priority as victims and families focus on their recovery and dealing with their loss. As a result, our Miami lawyers are dedicated to the legal process necessary for bringing about justice, as well as financially assisting victims with their healing journey. If you have been injured in a car crash or lost a loved one in a fatal accident in Miami, West Palm Beach, or the surrounding cities, call 877.499.4878 or contact us online to set up a free, no-obligation consultation regarding your legal rights and options.