Your Legal Options in Case of Loss of Limbs in a Car Accident
Car accidents have different outcomes: sometimes, people escape unscathed off a terrible wreck, but there are many cases where drivers and passengers have died in collisions – motor vehicles accidents are actually the leading cause of death for Americans aged 3-34 years old. But between life and death, injuries are also a common outcome after a car accident. Injuries from mild cuts and bruises to serious paralysis to loss of limbs happen, depending on the severity of the crash.
Loss of limbs in a car accident is one of the most devastating injuries one can suffer. Aside from being the excruciating pain one faces having that kind of injury, living with the loss of a hand, an arm, a foot, a leg or other body parts can turn the victim’s life upside down. Aside from affecting his mobility, it might affect his ability to work. Losing your limbs or having a body part amputated because of a car accident is physically, emotionally, mentally, and financially draining for you and your family.
But you have legal options especially if the car accident was caused by the fault or negligence of another party. You can sue the liable party for serious physical injuries through a personal injury lawsuit. This may not bring your lost limb back but whatever compensation you receive can help set you towards a good recovery.
Under the law, drivers are required to drive safely and avoid causing harm or injury to others on the road. Thus, if a person is proven to have acted negligently or recklessly in such a way that it breached his duty to exercise diligence on the road, he can be held liable for damages. These are some circumstances which can give rise to a personal injury lawsuit:
- Driving Under the Influence of Drugs or Alcohol – DUI is a major factor in motor vehicle accidents. The higher your blood alcohol content (BAC) e more likely you will get involved in a crash. According to the Insurance Institute for Highway Safety (IIHS), drivers with BACs at or above 0.15 percent have a very high risk of being involved in a police-reported crash or dying in a crash.
- Reckless Operation of Vehicle – Driver error is one of the leading causes of car accident, common dangerous acts include: excessive speeding, failure to follow traffic rules and signals, racing, and failure to yield.
- Distracted driving – Driving requires skill and attention so anything that takes a driver’s eyes off the road, hands off the wheel, or mind off of driving is dangerous. Whether its chatting with your passengers in the car, texting, talking on your cell phone, putting on make-up, eating, or fiddling with your Ipod, these are considered as distraction. Further, driving while texting or talking on the cell phone is banned in certain states.
- Drowsy or fatigued driving – Lack of sleep or even exhaustion can cause a driver to nod off, even while driving. It is important to get enough rest and sleep especially when going on long drives.
- Vehicle defects – While vehicle defects rarely cause accidents, it can still happen. In case a manufacturing defect or a dangerous design caused an accident, the manufacturer of the car or the vehicle part can be held liable.
When you have suffered loss of limbs, you may be entitled to receive economic and non-economic damages for the injury or losses you suffered. Economic damages are the expenses you incurred as a result of the injury suffered. This includes compensation for medical treatment, lost wages, and other costs related to the accident. Non-economic damages is the compensation for pain and suffering experienced by the victim because of the accident.
If you want to find more about your different options after the loss of limb in a car accident, you should seek the advice or an expert personal injury lawyer.
OFFICE ADDRESS
