Five people were hurt when two cars collided Saturday just before 4 p.m. According to police at the scene, the crash happened in the southbound lanes of Whitaker Avenue at Roosevelt Boulevard, and the impact of the crash caused two of the injured—a 5-year-old and a 10-year-old—to be ejected from their vehicle.
There were three children and two adults hurt in all with one of the children in critical condition. Police are not certain how the crash happened, and the accident is still under investigation. They are asking anyone with information about the wreck to call them at (215) 686-8477.
Ejection Accidents
An ejection is when an occupant of a vehicle is thrown completely out of the vehicle during a car crash. A partial ejection is when a significant portion of the body is still inside the car (usually the lower torso). According to the National Highway Traffic Safety Administration, ejections are especially dangerous and have a very high likelihood of ending in death for the person ejected.
In one study in 2015, 80 percent of all people completely ejected from their vehicle died. This means that once a person is ejected, their risk of death goes up considerably. In looking at the dynamics of an ejection, experts conclude that the primary reason for the increased risk is that the person is impacted when they leave the vehicle and again when they land. Also, in many ejections, the person suffered severe head trauma from impacting a windshield or door frame with their head and then hitting their head on the ground.
How to Prevent Ejections
The easiest way to prevent ejections is to wear a seatbelt. Proper use of seatbelts and other restraints will reduce the chance of an ejection by around 90 percent. Seatbelts keep the person in their seat even if the car rolls over, and this prevents the person from being partially or fully ejected.
The benefit of seatbelts is that they save lives in all types of crashes. The NHTSA reports that seatbelts reduce the risk of fatal injury to front seat passenger car occupants by 45 percent and the risk of moderate-to-critical injury by 50 percent. For light truck occupants, the risk is reduced by 60 percent and 65 percent, respectively.
Seatbelts and Liability
If someone isn’t wearing their seatbelt and is injured in a car accident, can they still recover compensation for their injuries? Though there can be misdemeanor criminal charges brought if you get in an accident and don’t have your seatbelt on, especially if you didn’t strap your child in, this will not keep you from being compensate for your injuries if the accident was caused by someone else’s negligence.
Under Pennsylvania law, in a personal injury case, the lack of using a seatbelt cannot deny someone from recovering due to someone else’s negligence. However, in some cases, it can reduce the amount one might get.
Do- I need an Attorney?
If you were injured and weren’t wearing your seatbelt, it is likely that the insurance agent will try to tell you that you either can’t pursue a claim or that you can’t get any for the medical portion of the case. Don’t listen to them, talk to an attorney who knows the laws regarding seatbelt usage and negligence. The attorneys at the Pearce Law Firm have the knowledge and experience to go up against the insurance companies and get you the compensation you deserve. Call the Pearce Law Firm, P.C. at (215) 557-8686 or text at 215 880 6164. You can also contact us online by clicking here.