Pedestrians face a high risk of serious injury, or even death, when they are involved in an automobile accident. It only makes sense—the human body isn’t a match for cars going 20, 30 or even 50 miles an hour or more. However, studies show that those people who use wheelchairs are even more vulnerable to these serious injuries. We’d like to share a bit of information about what driver behaviors contribute to this problem and what people injured by negligent drivers should know about their legal options—to help anyone who is in a wheelchair or who has a loved one who is avoid this situation or prepare to handle the aftermath if the worst does occur.
The sad reality is that many wheelchair and other pedestrian accidents occur simply as a result of negligence. Drivers need to make a concerted effort to be more aware of pedestrians in the streets and realize that they share the roadways too. Other accidents occur specifically due to the victim's being in a wheelchair and therefore being at a lower level and less visible to the driver than another pedestrian would have been. Some accidents occur as a result of the pedestrian's not following road safety (jaywalking, for example), and these are minimized by emphasizing safety in the community among wheelchair users and all pedestrians.
One final cause of automobile and wheelchair accidents is a lack of proper crosswalks and traffic devices provided by cities, counties and states. In many cases, governments are working to put better devices in place that are accessible by pedestrians and those who are in wheelchairs, but this can sometimes be a slow process.
In any pedestrian accident, but especially one where a wheelchair is involved, it is important to make sure the victim receives medical attention promptly. Call an ambulance to have yourself or the victim transported to the hospital even if you think injuries are only minor. You may find more serious injuries later, and by receiving this prompt treatment, you’re protecting yourself legally.
If possible, make sure any witnesses information is gathered and local law enforcement is called so that a police report is filed. These steps can make any possible legal action much easier in the future. Then, as soon as medical attention is received, call a personal injury attorney right away. Do not speak with the insurance company yourself. Your lawyer will want to handle these discussions and make negotiations on your behalf that can ensure that you receive the compensation you deserve.
One very important tip is to remember to document and photograph everything possible, every step of the way. If you or the person who was hit goes to the doctor for an accident-related injury, make sure to take photographs of the injury and keep a copy of the bill, even if your medical insurance pays part of it.
Because individuals who rely on wheelchairs are at such high risk for death and serious injury when involved in automobile accidents, they and their family require extra support, expertise and compassion when facing a personal injury or wrongful death lawsuit. Unfortunately, not every law firm can provide this. If an accident like this occurs to you or someone you love, the first step should be to contact an experienced and knowledgeable personal injury lawyer who has worked on cases like this previously.
