Do You Have an Occupant Ejection Case?

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Among the most devastating possibilities during a San Jose auto accident, occupant ejection can result in serious injuries or sudden death. While there are many injuries that can be sustained during a crash, individuals who are ejected from a vehicle are frequently subjected to the worst possibilities as they are thrown at full force against any hazards nearby and may be subsequently struck by other vehicles.

Our lawyers at Caputo & Van Der Walde LLP are dedicated to helping victims and families find the compensation they need to move on from an accident and properly cope with their losses. To protect yourself from such accidents and properly pursue compensation in the unfortunate event of an ejection, it is important to understand the causes of such incidents and the actions that can be taken by victims.

Call Caputo & Van Der Walde LLP at (800) 900-0863 today!

Causes of Occupant Ejection

There are two forms of vehicle ejection: full ejection (where the victim is thrown completely out of the car) and partial ejection (where he or she is left hanging partly out of the vehicle). In both cases, the protection and restraint provided by the vehicle has failed in some manner, allowing the victim to be thrown about in the vehicle. But what may cause this to occur? Some reasons include:

  • Restraint failure: Restraints, especially seatbelts, are the number one reason why occupants are not ejected from vehicles in the event of an accident. Should they fail, the affected passenger will be much more likely to be thrown out of the car during a crash.
  • Rollover accidents: During a rollover, occupants are subjected to extreme forces that throw them about in the vehicle. Should an occupant's restraint fail, or never be in place at all, it is more likely that he or she will be thrown out of the vehicle during the roll.
  • Shattered windows: Windows are not only meant to keep air out of the vehicle, they are meant to keep passengers inside the automobile. Should a window shatter in a crash, it is more likely that the occupant seated next to it will be at least partially ejected, as there is nothing to keep them from sticking out of the now-empty space.
  • Door failure: Should a door latch fail, even without a crash occurring, the nearby occupant may fall out of the vehicle. This is even more likely in a car where the seatbelt is attached to the door.

Seeking Compensation for Ejection-Related Damages

The main reasons behind vehicle ejection all have one factor in common: they are the result of vehicle defects. Problems with the protection of restraints, durability of windows, and security of doors can all be traced back to their design or manufacture. Additionally, vehicles designed with high centers of gravity, poor turning ability, or defective tires are all at a greater risk of experiencing a rollover crash.

While individuals who are the direct cause of the accident, such as negligent drivers, can be held liable for the accident, the auto manufacturers whose defective products led to the ejection itself occurring are just as responsible for the injuries suffered. Through insurance claims, and lawsuits if necessary, all damages that occurred from injury or death in the event of an ejection can be pursued and covered by financial compensation.

Legal Skills from 100+ Collective Years of Success

At Caputo & Van Der Walde LLP, we understand the multitude of losses that can arise from an auto accident, which can be greatly increased in the occurrence of an ejection. Our San Jose auto product liability attorneys are dedicated to preserving the rights of injured victims and the families of the deceased. Through our representation, clients can understand the benefits they are entitled to and can be better prepared to face the tactics presented by auto manufacturers, insurance companies, and other at-fault parties.

For more information on how we can assist you in your case, call us today at (800) 900-0863 to schedule your complimentary review.

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