A Basic Guide to Medical Transport Injury Claims
When accident victims suffer severe injuries, they are in a very vulnerable position with regards to transport, as they can’t just hop back in their car or call an Uber when time is of the essence. Rather, they are usually at the mercy of medical transport personnel, such as vans, ambulettes, and ambulances–the same can also be said for those who are elderly or physically disabled. Even though transport personnel are usually very skilled and experienced, that does not mean that they are absolved from making mistakes.
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At the end of the day, medical transport vehicles must use the same roads and highways as the rest of us, and so there is always a chance an accident may occur. These accidents can and do happen during both emergency and non-emergency transports, either en route to a medical facility or residence. Sometimes the negligence of transport personnel or other drivers around them can cause an accident that harms passengers, and when that happens they deserve to be compensated. Let’s take a look at some of the basics of medical transport injury cases.
Examples of Common Medical Transport Cases
Most transport accidents will feature at least one other vehicle, and but there are a large number of other accident scenarios which may injure passengers, including but not limited to:
- A transport vehicle is involved in an accident with one or more motorists
- A transport vehicle is involved in a solo accident caused by road hazards or negligence
- A passenger is injured while entering or exiting the transport vehicle
- A passenger is not properly secured in transit, causing them to be thrown around while the vehicle is turning or stopping
- A wheelchair lift or similar assistance module malfunctions, causing an injury-inducing fall
Medical transport accidents are similar to all other injury claims in the sense that the circumstances and resulting injuries will largely determine who is at fault and the level of compensation at stake. Accident victims may need to file a claim against another motorist, the transport company, an insurer, or any combination of the three.
Common Carrier Distinctions
Legally speaking, a “common carrier” refers to a business that is involved in transporting goods or passengers, and their business is designated as being open to the public. This distinction means that common carriers owe passengers a very high duty of care that is much more substantial than that of other drivers. In other words, the bar for establishing negligence is lower for transportation companies because they are held to a higher standard of safety, which can certainly be a benefit to accident victims. Not only that, but there are also extremely strict guidelines for handling disabled passengers that have been established by the Americans with Disabilities Act (ADA), and failure to comply with these rules may also result in a medical transport claim. An experienced medical transport injury attorney is always a claimant’s best resource, as they will be familiar with applicable laws.
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Unfortunately, sometimes the worst injuries occur during medical transport instead of the actual accidents themselves. If you need help with a medical transport claim, contact the Van Law Firm office nearest you right away. Our team of trusted, experienced medical transport injury attorneys are ready to defend your rights and recover the compensation you deserve. Call now for more information.
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