Two cars collided in the southbound lanes of Roosevelt Avenue near Whitaker Ave. causing injury to five people, three of which were children. Police say that all three children were ejected from their car and one of them is in critical condition. The children’s parents were the other two injured, but it’s unknown of their condition at the time of report.
The accident happened around 4 p.m., Saturday, February 16 on one of the busiest streets in Philadelphia. Police say that it’s uncertain how the accident happened and that the accident is still under investigation.
When vehicles collide, even the smallest of impacts can have devastating results. An ejection happens when a person leaves the vehicle as a result of the collision, and it doesn’t take much of an impact to cause a vehicle to jerk violently or roll over and ejecting some of its occupants.
A full ejection is when the person comes completely out of the car as opposed to a partial ejection where as significant part of the body (usually the lower torso) remains in the car. According to a report from the National Highway Traffic Safety Administration, in passenger car crashes, 81 percent of those fully ejected died and out of all fatalities from vehicle accidents, 21 percent came from accidents where the person was fully ejected.
If the ejection is partial, the person’s chance of survival goes up with only 5 percent of all fatalities being a partial ejection.
Unfortunately, most of those fully ejected in a car accident don’t make it, and the rest are at risk for severe injury. When a person is ejected, there are typically at least two impacts, one when the person leaves the car, the other when they hit the ground. This greatly increases the chance for serious injury to those who survive. Some of the most commons injuries are:
- Traumatic Brain Injury
- Neck/Spinal Cord
- Broken limbs
- Broken ribs
- Deep contusions
- Deep lacerations
How to Avoid Being Ejected
The best way by far is to wear a seat belt. The NHTSA reports that ejectments where the person is wearing a seat belt is rare. According to the Center for Disease Control, a person is 30 times more likely to be ejected during an accident while not wearing their seat belt. Also, seat belts in general reduce the risk of death from any injury in an auto accident by 51 percent.
This makes it pretty clear that when wearing a seat belt, a person has reduced their risk of ejection, serious injury and death by a significant number.
Liability and Ejections
If someone is ejected while in an auto accident, the person who is at fault for the accident is also at fault for any injuries that come from an ejection. This comes up when a person is ejected from a vehicle and then struck a second time. In most states, the law will consider the primary fault being the person who caused the accident. If the victim is injured because of another driver or another structure such as a guardrail or a fence, the at-fault driver will typically still be liable.
What if I’m not Wearing my Seat Belt?
Many people wonder that if they were injured or a loved one killed in an auto accident and weren’t wearing a seat belt, can they still get compensation? The answer in most cases yes. In many states, the “Seat Belt Defense” can be used by insurance companies to reduce the amount of compensation to an injured victim who wasn’t wearing their restraint.
However, in Pennsylvania, this defense is specifically prohibited by law. However, many insurance companies will still try to make someone think it was their fault for not wearing their seat belt and use that to reduce the compensation.
Do I need an Attorney?
Most of the time it’s at least good to talk to an attorney. Almost all attorney’s who handle personal injuries will have free consultations where you can speak to an attorney about your case. This way you can make an informed decision free from the bias that comes from the insurance company.
You owe it to yourself to talk to an attorney who knows personal injury law and can deal with insurance companies and their lawyers. Call the Pearce Law Firm, P.C. at (215) 557-8686 or text at (215) 880 6164. You can also send them a message online by clicking here. They have the experience and knowledge necessary to help you.