Common Ejection Injuries
Almost every accident that results in someone being ejected from their car involves either a high-speed impact or a situation where an occupant is thrown out as the vehicle rolls over. Injuries from these wrecks are frequently severe and often result in death.
Victims can be injured during ejection by their seatbelt, dashboard, steering wheel, or windshield. Furthermore, impact with even a soft surface can still break bones or cause serious organ damage. Auto ejection injuries can take months or years to heal. In addition to extensive medical attention, many victims will require surgeries and therapy for years to come.
Common injuries from accidents where an auto ejection occurs include:
- Head and neck injuries
- Damaged spinal column and extensive nerve damage
- Severe lacerations: Broken glass and metal can cause deep cuts that need surgery and leave scars.
- Organ damage: The force of landing can bruise or tear the liver, spleen, lungs, or kidneys.
- Broken or fractured bones
- Skin damage: Sliding across pavement can cause road rash and burns that may need skin grafts.
- Crushed or lost limbs
- Internal bleeding: Bleeding inside the body may not be visible at first and can become life-threatening.
Head injuries deserve special attention. A person thrown from a vehicle often strikes the ground, a pole, or another vehicle, and even a mild-seeming concussion can affect memory, mood, and the ability to work. Our page on brain injuries from car accidents explains what to watch for in the weeks after a crash.
Sadly, many ejections are fatal. When a family loses someone this way, the claim becomes a wrongful death case, and our work on fatal car accidents focuses on getting answers about what happened and holding the right parties responsible.
Can You Recover If You Were Not Wearing a Seat Belt in Ohio?
Many people who were ejected assume they have no case because they were not buckled up. That is often not true. In Ohio, not wearing a seat belt does not make you responsible for causing the crash, and the law limits how the other side can use it as evidence in an injury case. The driver who ran the red light or crossed the center line is still responsible for the crash.
The defense may still try to argue that your injuries would have been less severe if you had been wearing a belt. In some cases, that argument can reduce part of what you recover for losses like pain and suffering, but it generally does not wipe out your claim. How it applies depends on the facts, so confirm it with a lawyer before you assume anything. We go deeper into the connection between your seat belt and your claim in a separate article.
Being belted does not always prevent ejection, either. Seat belts can fail, unlatch, or be poorly designed, and people wearing them are sometimes thrown out through a side window or open door. When that happens, the vehicle itself may be part of the case.
Defective Vehicle Claims After an Ejection
A well-designed vehicle should keep the people inside it, even in a serious crash. Federal safety rules now require newer passenger vehicles to have systems, usually side curtain airbags, designed to keep occupants from being thrown through side windows. When an ejection happens anyway, it is worth asking whether something failed. Common defect claims involve:
- Door latches or hinges that open on impact
- Side windows that shatter instead of holding the occupant in
- Side curtain airbags that do not deploy or do not cover the window
- Seat belts that unlatch, tear, or allow too much movement
- Roofs that crush in a rollover
These claims are brought against the manufacturer or parts maker under product liability law, and they can be pursued alongside a claim against the at-fault driver. Our article on auto defects in car accidents explains how these cases work.
The most important step is to protect the vehicle. Insurance companies often move totaled vehicles to salvage yards, where they can be sold or crushed within weeks. Once the vehicle is gone, so is the best evidence of a defect. If you or a loved one was ejected, call a lawyer before you sign anything that releases the vehicle.
Recovering Damages After an Auto Ejection Accident
If you are seriously hurt in an auto accident that was not your fault, it’s important to speak with a skilled lawyer before you accept compensation from the responsible party or an insurance company. Your injuries may require significant medical attention, but the insurance providers will primarily be concerned with reducing their liability to cover the costs associated with the accident.
To make sure that you get all of the help that you need, it’s strongly advisable to have a lawyer, experienced in negotiating on behalf of accident victims. Our accident lawyers know how to gather and study all of the relevant evidence, and we will use it to build a strong argument for compensation when negotiating with the insurance companies. Additionally, if you are not offered an acceptable settlement, we are ready to use our decades of courtroom experience to present your case at trial.
Compensation after an accident can help with:
- Medical bills: Emergency care, hospital stays, and surgery after an ejection are often very costly.
- Future medical costs for surgeries, therapy, and related transportation needs
- Lost wages due to time spent away from work while healing
- Lost future earnings due to reduced earning potential
- Necessary modifications to your home, car, or workplace
- Therapy for trauma or emotional distress
- Funeral and related expenses if you lost a loved one in the accident
What If You Are Partially at Fault?
Many people wonder if they can recover compensation if they are found to be partially responsible for the accident that caused their injuries. Due to Ohio’s comparative negligence law, you can still obtain financial damages if you are found to be partially at fault, but they will be reduced by your share of responsibility for the wreck.
For example, if the court awards you $100,000, but you are found to be 25 percent responsible for the accident, your award will be reduced by 25 percent, and you will receive $75,000. However, you won’t recover anything if you are found to be over 50 percent responsible for the car accident. That is why it is very important to have an experienced accident lawyer who understands how Ohio courts determine responsibility, and who can help you recover as much as possible for you and your family.
Ejection Injury FAQs
Can I still file a claim if I was not wearing a seat belt when I was ejected?
Yes, in most cases. In Ohio, not wearing a seat belt does not make you responsible for the crash. The other side may argue it made your injuries worse, which can reduce part of your recovery, but it generally does not bar the claim. A lawyer can tell you how it may apply to your case.
Who can be held responsible for an ejection crash?
The driver who caused the crash is usually the first party responsible. Depending on the facts, a vehicle or parts manufacturer may also be responsible if a door latch, window, airbag, or seat belt failed. In some cases, an employer, a repair shop, or a government agency responsible for the road may share the blame.
What should I do with the vehicle after an ejection crash?
Keep it if you can, and do not let it be sold, repaired, or crushed until a lawyer has had a chance to inspect it. The vehicle is often the most important evidence in a defect claim, and insurers can move totaled vehicles to salvage quickly.
Can my family file a claim if a loved one died after being ejected?
Yes. Ohio allows a wrongful death claim, brought by the personal representative of the estate on behalf of the family. In most cases, it must be filed within two years of the death. Call 1-800-HURT-NOW to talk with our team about your family’s options.
A Car Accident Lawyer From Kisling, Nestico & Redick Can Help You
Catastrophic accidents often lead to injuries that can affect victims for life. If you or a loved one were in a serious car accident that resulted in an ejection from the vehicle, you will need extensive medical attention over a prolonged period. Having a skilled lawyer can help make sure that you receive all of the financial compensation that you deserve.
When KNR represents an injured client, our attorneys focus on all of their current and future needs. Insurance companies will only be concerned with their financial interests, not yours. When we are in your corner, we will fight for your best interests in negotiations and if necessary, in court.
Do not delay in calling a lawyer after a serious car accident. Ohio’s statute of limitations law requires that injured parties file lawsuits for damages within two years of the accident or risk having their case dismissed. Determining all of the parties who were responsible, and the damages they owe can take time.
Your lawyer will have to investigate many details including police reports, medical records, and even information on defective or recalled auto parts. That is exactly why we encourage you to call us as soon as possible.
Contact Kisling, Nestico & Redick to speak with an experienced Ohio car accident lawyer if you or a loved one were involved in a serious wreck. Call 1-800-HURT-NOW or submit a request online to schedule a free, no-risk consultation.
