Omaha Occupant Ejection Injury Lawyer
When a passenger is partially or completely ejected from the vehicle during an automobile crash, the injuries will probably be catastrophic. In fact, one study found that 83 percent of automobile accident victims who were completely ejected from the vehicle did not survive the accident.
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There are many factors that may cause an occupant ejection accident, including device failure and the type of crash suffered. If another person’s negligence contributed to an accident and you were harmed, or if a loved one has been injured or killed in a passenger ejection accident, you may be eligible to collect compensation.
Even if the victim wasn’t wearing a seatbelt at the time of the accident, our legal team at Bottlinger Law, L.L.C. may be able to get you a settlement to cover your medical expenses and other costs. Call (402) 505-8234 today for a FREE consultation.
There are two types of automobile crash ejections, partial and complete. In a partial ejection, the occupant is thrown forward, but their body doesn’t completely leave vehicle because they are stopped by a window, windshield, or seatbelt.
In a total ejection, the occupant is completely thrown from the vehicle and continues to hurl through the air until the point of impact. People who suffer from a total ejection face the risk of being run over by another driver.
Ejections are most likely to occur in head-on collisions, side impact accidents, and rollovers. People traveling in SUVs have the highest risk for ejection, and ejections are twice as likely to occur when the vehicle is traveling at speeds beyond 60mph.
Mechanical device failure is a major cause of occupant ejection, and this may include:
- Material defect. Substandard material or weaving defects may cause the fabric in the seatbelt to tear and give way during an accident.
- Retractor failure. The retractor is supposed to make the seatbelt taut, but if the device fails, the belt remains slack and fails to restrain the passenger.
- Internal unlatching. A faulty latch may become unbuckled on its own during an accident.
- Weak side-window glass may allow the occupant to become partially ejected from the vehicle.
- Door failure. A door that becomes unlatched may result in occupant ejection during a collision.
According to Nebraska’s comparative fault law, negligence in civil cases can be distributed among more than one party on a percentage basis. Sometimes, more than one driver performs an act of negligence that contributes to an accident. Perhaps one driver was speeding, and another driver was not paying attention to the road because they were texting.
When more than one party is found negligent for an accident, the court will determine each party’s percent of negligence. For example, if a careless driver is found to be 40 percent negligent for your injuries, then they will be ordered to pay 40 percent of your medical expenses and other costs caused by the accident.
Manufacturers of faulty equipment that contributes to an ejection accident can also be held liable for the victim’s injuries.
If you were not wearing your seatbelt at the time of the accident, the other party’s insurance company will probably argue that you would not have been injured if you had been buckled in. But they must prove your being unbuckled was the cause of your injuries. In these cases, our team can work with biomechanical engineers and accident reconstruction experts to demonstrate that serious injuries still would have occurred if you had been using your seatbelt.
Accidents where an occupant is ejected from the vehicle usually cause death or devastating injuries. Common results for an ejection accident include:
- Traumatic brain injury (TBI)
- Spinal cord damage
- Lacerations and severe bleeding
- Back and neck injuries
- Broken bones
- Internal organ damage
- Wrongful death
You shouldn’t have to pay for your own medical expenses when your injuries were caused by another person’s negligence. At Bottlinger Law, L.L.C., our legal team will investigate your accident to find out who’s negligent for your injuries.
We have a perfect A+ rating from the Better Business Bureau of Nebraska, which grades attorneys based on over a dozen different factors. Call us today at (402) 505-8234 to meet with our team. At Bottlinger Law, L.L.C., you won’t pay anything unless we win your case.
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Our firm has a perfect A+ from the Better Business Bureau of Nebraska, which grades based on 13 different factors.see all accolades