Pursuing Compensation After Being Ejected From a Vehicle in Manhattan

According to the Bureau of Transportation Statistics, 20% of passengers who lose their lives are ejected from their vehicles. Once a person falls out of the protective “shell” of their car, they become vulnerable to numerous hazards. If you survived one of these crashes, you may be facing a long road to recovery from catastrophic injuries. Can you pursue compensation in this scenario with help from a Manhattan accident attorney?

Ejection Often Leads to Serious Financial and Psychological Issues

Those who survive being ejected from vehicles often face serious economic losses and psychological pressures. For example, a victim might become paralyzed and lose their job. They may also face major medical bills and a lifetime of emotional distress. Loss of enjoyment of life and disfigurement are also possible, especially if the victim suffers an amputation or an equally life-altering injury.

Traumatic brain injuries (TBIs) can lead to life-altering issues, preventing victims from enjoying life and continuing their careers. These economic and non-economic damages make the pursuit of compensation especially important for ejection victims.

What if I Wasn’t Wearing a Seat Belt?

If you did not wear your seat belt, this could be a major reason for your ejection. New York courts follow a system of “comparative negligence,” which means that they will consider the ways in which you contributed to your own injuries. However, New York’s comparative negligence system is “pure,” which means you can still pursue a personal injury lawsuit even if you were the main cause of your own injuries.

For example, you might be 75% to blame for your own injuries because you failed to wear a seat belt. In this scenario, you could still pursue 25% of your normal compensation. In addition, you should know that New York’s no-fault laws allow you to pursue a certain amount of compensation even if you caused your own injuries.

Who Can I Sue if I Was Ejected?

You may be able to name various defendants in your lawsuit. If the driver crashed because of some kind of mistake or negligence, you can name them as a defendant. If you were the driver, you could sue an at-fault driver who caused your crash. If the seat belt malfunctioned in some way, you could even consider suing the seat belt or car manufacturer.

An Overview of Automobile Manufacturer Liability (Occupant Ejections)

You have the fair and reasonable expectation that your vehicle will provide proper protection if a crash happens. That is not to say that a vehicle can guarantee you will not get seriously hurt. Still, it should be safely designed and constructed to minimize the risk as much as possible. In occupant ejection cases, there are often questions about the safety of the vehicle. The victim may have a product liability claim against an automobile manufacturer and/or an automotive parts supplier.

These are complicated claims. Among other things, a plaintiff may assert a design defect, manufacturing defect, or failure to warn. For ejection claims, the focus is typically on the legal issue of crashworthiness. The manufacturer has a duty to design a vehicle that provides reasonable protection in foreseeable collisions, including the proper performance of restraint systems, door latches, and glazing. A defect need not cause the accident itself. It is sufficient to prove that the defect enhanced the injuries. This is the “second collision” doctrine recognized by New York courts.

Proof requires a technically developed record. The plaintiff must establish a feasible alternative design and that the defect was a substantial factor in causing or worsening the ejection injuries. Expert testimony is essential. It should be noted that comparative fault rules under New York Law still apply. That is why a seat belt defense under CPLR § 1411 may be relevant. Still, while the lack of a seatbelt can reduce damages, it does not automatically bar recovery. A manufacturer may still face liability where a restraint system failed or a door opened during a crash.

Key Takeaways

• Victims often suffer catastrophic injuries after being ejected from vehicles
• New York may allow victims to pursue compensation even if they cause their own injuries
• An automobile manufacturer may be legally responsible through a product liability claim

Can a Manhattan Car Crash Lawyer Help Me?

If you were ejected from a vehicle and you’re recovering from serious injuries, a Manhattan auto accident lawyer may be able to help you pursue compensation. Depending on your circumstances, it may still be possible to establish fault and file a direct lawsuit to recover economic and non-economic damages. You may also consider pursuing a no-fault claim. Discuss your situation in more detail with Cohan Law, PLLC today.

Source: 

rosap.ntl.bts.gov/view/dot/12738