Car accidents happen every day. While a personal injury case may be justified in the aftermath of one of these wrecks, these cases aren’t always as straightforward as they may seem. This is especially true when a business or government entity is involved. This is because establishing liability itself can be difficult and determining who should pay a judgement can be even more challenging.
This week, we want to look at cases involving medical transport. Medical transport is more common than many people realize, with businesses popping up to help the millions of Americans who otherwise would forego medical care simply because they can’t get to a hospital for treatment. Fortunately for those who are in need, many of these services, which can include ambulatory transportation, wheelchair transportation, and even airlifts to a hospital, are covered by Medicaid. But these operations aren’t always as safe as they may seem.
How medical transport accidents occur
Companies that engage in medical transport must exercise the appropriate amount of care to ensure that they keep their passengers safe. This means ensuring that passengers are properly restrained and that safe driving practices are adhered to. The loading and unloading of passengers, especially those who are wheelchair-bound, needs to be carried out carefully, and drivers need to be appropriately trained to ensure compliance with all safety protocols.
Unfortunately, many drivers of medical transport vehicles are undertrained and inexperienced. This means that far too often passengers aren’t adequately loaded into these vehicles and strapped in, which significantly increases the risk of being injured in a medical transport accident.
When the standard of care is breached and an accident results, serious harm can come to those riding in the vehicle. This can include brain and spinal cord injuries, broken bones, damage to internal organs, and even disfigurement. Any one of these injuries can be life-altering, leaving a victim with extensive damages that can be challenging to overcome.
How medical transport accidents are addressed under the law
So, what can you do if you or a loved one was injured in one of these medical transport accidents? To start, you need to gather evidence. This means obtaining police reports, medical records, and witness accounts. Talk to experts who can speak to the extent of your injuries and expected costs and consider whether you need an accident reconstruction conducted to clearly identify who is to blame for the accident.
As you’re doing that, you also need to think about who you can hold liable for your injuries. While you’ll probably want to file a claim against the negligent driver who caused the accident, you also want to think about pursuing legal action against that driver’s employer. By doing so, you might be able to access a larger pool of resources that is more capable of paying you for your damages. To succeed here, you’ll need to show that the negligent driver was operating within the scope of his or her employment at the time of the accident in question.
Find accountability for your accident
Those individuals who require medical transport are in a fragile state. They need to be treated as such. But the sad reality is that they often aren’t given the proper attention and safety protections needed to keep them free of harm. When this occurs, accountability should be found, and compensation should be recovered. But it’s not an easy fight. You need to be prepared to build the compelling case that is necessary to advance your interests. To learn more about how to go about doing that, please continue to read our blog and research this area of the law further.