Wheelchair Auto Accidents: Know Your Rights
If your wheelchair is struck by a car, you can end up seriously injured and you'll need coverage and compensation for your medicals costs, loss of employment, pain, and other adaptive costs. Wheelchair accidents are not always so easy to defend in court. Here is what you'll need to know about finding liability and seeking damages following the accident.
It's not always the driver's fault.
Generally, the driver who struck you will be found at fault for the accident, but sometimes, there are other circumstances that lead to the accident that move the fault to a third party. Be sure to tell your attorney if one of the following scenarios might apply to your case:
- intersections or crosswalks were not properly marked, lit, or cared for. For example, if you were crossing the street and a car struck you, the car may not have seen you in the crosswalk if the street lamp was out or if the crosswalk was not marked clearly with a large sign within reasonable stopping distance. If this is the case, the city or county in charge of maintenance would be responsible.
- your wheelchair malfunctioned, causing you to careen into traffic despite your efforts to stop the chair. For motorized chairs, this might mean a faulty switch that does not stop the chair as intended. In man-powered chairs, the braking mechanism could have broken. In this case, you may want to look into manufacturing defects, guarantees, or warranties. The maker of the chair could be liable for at least a portion of your injuries.
You may have trouble getting payment from your insurance company.
Many insurance companies have what is called a "no fault" policy that covers your injuries should an accident occur that is not the fault of the driver who struck you. This is helpful especially in cases when you were not driving any sort of vehicle, because the involvement of one automobile in the accident still lets the incident fall under car insurance. However, some insurance companies may not honor the coverage by claiming that your wheelchair itself is a vehicle and should have been registered in your policy in order for you to have coverage. One elderly man who was struck by car in Michigan found that a popular insurance company was refusing to pay his expenses because his wheelchair had not been insured. Should this happen in your case, be sure to involve a car accident lawyer, such as Carl L. Britt, Jr., especially if your states requires no-fault coverage by law.
You can still get a DUI charge when operating your wheelchair.
If you were struck by another driver and that driver's insurance company is stuck paying the bills, they will try very hard to help reduce the appearance of fault, turning some of it back onto you. One common way to do this is to accuse the wheelchair driver of driving under the influence of alcohol or drugs. You can by charged with a DUI if you are operating a wheelchair while impaired. If you have a history of drinking or drug use, the defense can use this evidence to cast doubt on whether or not you were impaired on the day of the accident. In these cases, it is best to find an attorney who also has experience in civil rights, because this tactic can be seen as discriminatory against someone with a disability -- which is not permitted in court.
A wheelchair car accident case is never simple to negotiate, so it's best to do it with the help of a car accident attorney. You'll be able to get the right legal representation for the best compensation.
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