Avoiding Legal Trouble

Who Is Liable After An Accident Involving A Defective Wheelchair-Modified Vehicle?

If you are using a wheelchair, you may need to have a car modified so that you can remain in your wheelchair while being driven from one location to another. These vehicles are supposed to be modified so that they can be operated safely. However, there are no regulations for how these vehicles should be modified and you might be entitled to compensation if you are injured because of a defective vehicle.

The Risk of Riding in a Vehicle in a Wheelchair

If you are a passenger in a wheelchair being transported in a modified vehicle, your risk of injury will be greater because your wheelchair is not designed to protect you from a car crash and is instead designed to provide you with more mobility. The wheelchair itself is one of the main points of failure that leads to injuries.

However, if the vehicle has straps that lock your wheelchair down well, you are less likely to become injured in an accident. The workers who transport you will need to be provided with guidelines that will explain the appropriate way to transport you. They will also need to take the uniqueness of your wheelchair into account.

Taking Legal Action

If you believe that you were injured due to negligence, you will want to contact a personal injury attorney as soon as possible. You will also want to seek medical attention as quickly as possible not only so you can recover from your injuries but also so you can have medical records to support your claims.

The Job of Your Attorney

The job of your attorney is to conduct an investigation to find out which party has a duty of care, to prove that the party breached the duty of care, and to prove that the breach of the duty of care led to you suffering damages.

After you are injured, it will be important to calculate the damages you have suffered. For example, you might have expensive medical bills that need to be paid. Alternatively, you might find yourself out of work and require compensation for your lost wages. You may also be entitled to reimbursement for pain and suffering. 

Once your attorney determines the damages you have suffered, they will then be able to negotiate a settlement with the party that is considered to be at fault. If you aren't able to settle, your attorney will represent you in court. Contact a personal injury attorney for more information.