Protecting Passengers: Legal Options For Those Injured in Handicapped and Wheelchair Transportation Accidents

Drivers who are trusted with transporting individuals with disabilities accept an extreme level of responsibility. Their passenger’s safety, comfort, and trust should be their top priorities. Our Ohio Accident Attorneys at Charles Boyk Law understand this. Whether it’s a person who uses a wheelchair, a passenger with limited mobility challenges, or someone with other physical/cognitive impairments, accessibility transportation services play a vital role in ensuring that people with disabilities can access healthcare, social activities, and their community at large. While all drivers are to be conscious of their passengers and others on the roadway, these transportation drivers are trusted to protect one of the most vulnerable communities.

It’s crucial that your accident attorney fully understands the legal standards that apply to handicap and wheelchair transportation drivers—especially in cases where negligence leads to injury or harm. These drivers are responsible for ensuring the safety of their passengers, who may have limited mobility or other vulnerabilities. In situations where this responsibility is ignored, and a person is harmed due to improper driving, maintenance issues, or failure to follow established procedures, the consequences can be devastating for not only the passenger but also their families. At Charles Boyk Law, our team has a clear grasp of not only general transportation laws but also the specific regulations and procedures for accessible transportation services.

It’s equally important for individuals who rely on handicap and wheelchair transportation services—and their families—to understand their legal rights and options. When these transportation services do not meet the required legal standards, it can leave vulnerable individuals in a dangerous position, physically and legally. If these procedures are ignored, families and passengers must be aware of the necessary actions to take. These actions can include documenting the incident, reporting it to the proper authorities, or seeking legal help. Navigating these cases can be complex, but our Ohio Transportation Attorneys at Charles Boyk Law are here to help. We work hard to hold negligent parties accountable and ensure better care for all of those involved.

What to Do if You’re Involved in a Disability/Wheelchair Transportation Accident?

If you or a loved one has been injured as a result of a paratransit driver’s negligence, it’s important to understand your legal options. Our accident attorneys at Charles Boyk Law specialize in holding at-fault parties accountable and ensuring that victims receive the compensation they deserve for medical bills, lost wages, pain and suffering, and more.

Steps to take if you’ve been injured during disability/medical transportation:

1. Call Emergency Services: Dial 911 and provide a detailed explanation of the accident to the authorities. Also report if any injuries are suspected as a result of the accident.
2. Seek Medical Attention: Even if injuries seem minor, it’s crucial that you seek medical treatment immediately. Some injuries may not be apparent, or you may not start noticing  symptoms until later.
3. Document the Incident: Record details of the accident, including the time, location, and circumstances. If possible, gather witness statements and photographs of any damage or injuries. If police responded to the scene, they will have records of the accident, which our lawyers at Charles Boyk Law will obtain.
4. Contact an Experienced Transportation Accident Lawyer: Our attorneys at Charles Boyk Law specialize in transportation accidents. Our team is experienced and can help investigate the incident, gather evidence, and build a strong case to ensure you get the justice you deserve. We offer free consultations and will be sure you understand what options are available to you.
5. File a Claim: Depending on the circumstances, you may be able to file a claim against the transportation company, the driver, or other responsible parties. Contact our Ohio Transportation Lawyers at Charles Boyk Law for a free consultation. Let us handle the legal process, so you and your loved one can focus on recovery.

What is the “Standard of Care” for Disability Transportation Drivers?

The “standard of care” means the level of care that a reasonably careful person would use in a similar situation. For disability transportation drivers, this standard is heightened because they are tasked with the safety and well-being of individuals who may have unique needs due to their disabilities.

Accessibility transportation drivers are trained and expected to follow a set of safety protocols, including:

• Obey Traffic Laws: Medical vans/transportation services must obey all traffic laws. This includes obeying the speed limit, any posted traffic signals, and yielding to other vehicles/pedestrians when required.
• Proper Vehicle Maintenance and Inspections: The vehicle should be regularly inspected and maintained to ensure it is in safe working condition. This includes checking wheelchair ramps or lifts, securing devices, and other accessibility features. Drivers and their companies are also expected to maintain detailed records of these inspections. Importantly, drivers cannot knowingly operate an unsafe vehicle.
• Training and Certification: Drivers should receive specialized training to handle the unique needs of passengers with mobility challenges. This includes training on how to safely assist passengers into and out of the vehicle, how to secure mobility devices, and how to handle emergencies.
• Properly Secure Wheelchairs/Mobility Devices: One of the most critical aspects of disability transportation is ensuring that wheelchairs, scooters, or other mobility aids are properly secured during transport. This is not only a matter of comfort but a matter of safety. Inadequate securement can result in serious injury to passengers during a sudden stop, turn, or crash. It’s also the driver’s responsibility to ensure seatbelts are properly fastened for all passengers. For passengers in wheelchairs, the driver must assist them with the seatbelt/shoulder harness and ensuring their wheelchair is secured with four-point tiedowns.
• Assisting Passengers: Drivers should be able to assist passengers in a way that respects their independence and dignity while also ensuring their safety. This includes understanding the specific needs of each passenger and being prepared to assist with getting in and out of the vehicle as required.
• Maintaining Onboard Safety Equipment: Drivers should have a number of different safety supplies in their vehicle in case of an emergency. Depending on the company, this can include a first aid kit, decontamination supplies, oxygen (if applicable), etc. Handicapped and Wheelchair Transportation Drivers should be trained and educated on how to use all pieces of safety equipment that’s onboard in the event of an emergency.
• Respecting Health and Safety Protocols: In the post-pandemic world, drivers must also adhere to health and safety protocols that protect passengers from illness. This includes regularly sanitizing the vehicle and wearing appropriate personal protective equipment (PPE) when necessary.
• Clear Communication: Transportation Drivers must be aware and conscious of the needs of their passengers and communicate effectively. Whether it’s confirming the details of the trip or ensuring that a passenger is comfortable, communication is key.
• Advance Planning of Routes: Drivers are expected to minimize travel time and crash exposure and are expected to avoid environmental and construction hazards. They’re instructed to minimize stops and turns, avoid intersections, and avoid residential streets since their driving affects the patient’s ride and risks of harm.
• Adjust Driving for Road Conditions: Drivers must be aware of road features like bridges, ramps, curves, and other conditions that could affect the journey. Depending on the situation, they should start braking early and do so smoothly and steadily, avoiding any sudden or sharp movements to ensure a comfortable ride for passengers as most are not physically capable of bracing themselves for abrupt actions.
• Avoid Preventable Crashes: Most importantly, handicap and wheelchair transportation drivers are trained to avoid accidents that could be prevented. In addition to the safety practices mentioned above, drivers are prohibited from distracted driving, which includes the use of electronic devices while driving.

Consequences for a Transportation Driver’s Failure to Meet the Standard of Care

When a disability transportation driver fails to meet the established standard of care, the consequences can be severe and even life-threatening for the passengers involved. This failure provides affected passengers and their families with certain legal rights. Our Ohio Transportation Attorneys at Charles Boyk Law, are here to help victims understand their rights and seek compensation for injuries sustained during these transportation accidents.

There’s limited statistical information on handicapped and wheelchair transportation services, but research has shown that safety has been an issue for the last few decades. According to the National Electronic Injury Surveillance System (NEISS) database, which analyzed incidents from 1991 to 1995, the majority of injuries involving wheelchairs and motor vehicles were caused by three main issues. These included improper or inadequate wheelchair securement (35%), lift malfunctions (19%), and collisions between the wheelchair and the vehicle (26%). Interestingly, nearly all of these injuries occurred while the vehicle was stationary. [NHTSA, 1997]. This is why it’s important to know that there may still be a source of recovery for incidents where another vehicle was not involved.

Two other reports, one by Richardson, 1991 and the other by, Shaw, 2000, also highlighted fatalities and injuries to wheelchair users in moving vehicles, based on NEISS data. Richardson’s report estimated that there were roughly 2,200 injuries to wheelchair users in motor vehicles between 1986 and 1990. Most of these injuries were caused by improper securement in vans and buses, especially when the driver made sudden stops or sharp turns. Shaw’s research then identified 33 injury incidents related to motor vehicle accidents between 1988 and 1996, which supports a projection of roughly 1,320 incidents nationwide.

https://pmc.ncbi.nlm.nih.gov/articles/PMC3217423/#b5-aam48_115

Some common examples of negligence by disability transportation drivers include:

• Failure to Properly Secure Wheelchairs/Other Mobility Devices. If a wheelchair is not properly secured, a sudden stop or accident could cause the passenger to be thrown or injured. A driver’s failure to secure the wheelchair/other mobility device can be a direct violation of the standard of care and may result in legal action against their company—even if the accident was not caused by the transportation driver.
• Unsafe Driving Practices. Speeding, distracted driving, or failing to follow traffic laws can all lead to accidents and injuries. Disability transportation drivers, like any other driver, are expected to drive safely and responsibly, but they’re also expected to use additional care due to the vulnerable nature of their passengers.
• Inadequate Assistance. If a driver fails to assist a passenger in getting in and out of the vehicle, or mishandles their mobility device, it can result in falls or other accidents that lead to injury. Transportation Drivers and their companies can be liable for these injuries that occur even when the vehicle is not being driven.
• Failure to Maintain the Vehicle: Poor vehicle maintenance, such as malfunctioning ramps or lifts, can prevent safe and comfortable transportation. In some cases, this failure to maintain the vehicle can contribute to accidents and the vehicle owner can be help responsible.

Charles Boyk Law Demands Justice for Those Injured in Transportation Accidents

Holland Man’s Adversity Leads to Independence

Our firm was retained by Craig Firsdon who uses a wheelchair due to complications from juvenile rheumatoid arthritis. On July 28, 2021, he was severely injured while riding in a handicap-accessible van that was transporting him and his mother from their home to the Toledo Zoo. Craig was excited and looking forward to the trip as this was his first outing since the pandemic began. However, the horrific events that transpired thereafter left him traumatized and in excruciating pain.

Unfortunately, Craig was not properly secured in the van, and when the driver made a sharp right turn, he was thrown out of his wheelchair and a sharp metal object inside the van impaled his left leg. Immediately after the accident, Craig was transported to the University of Toledo Medical Center, where he was admitted and treated by the trauma team. While in the hospital, Craig’s leg became infected, and he was forced to undergo surgery. The wound and the following infection took almost eight months to completely close. Because of his open wound, Craig underwent an extended and painful recovery process that involved home health visits to care for the wound, along with medication supplied via pump to lessen his agonizing pain.

Our team pursued a claim against the transportation company for their driver’s negligence. During the litigation process, our experienced Transportation Accident Attorneys uncovered a crucial detail: the driver the company had identified was not the actual person behind the wheel. Further investigation revealed that the real driver had not received proper training to operate a handicap transportation vehicle. This discovery played a major role in helping our attorneys secure a larger settlement for our client. Craig used his settlement to purchase his own handicap-accessible van, so he no longer has to rely on unsafe medical transport companies.

Negligent Medical Transportation Driver Leaves Wheelchair-Bound Passenger with a Broken Leg

Our office also represents a woman who was using a medical transportation company to get from a dentist appointment in the Cincinnati area back to her home. During the ride, the transportation driver was not only erratic but also failed to properly secure our client’s wheelchair in the vehicle. When the driver suddenly slammed on the brakes, our client was violently thrown from her wheelchair and suffered a broken femur. Our client, who regularly used a wheelchair due to a spinal stroke she suffered ten years ago, was hospitalized for her injuries and suffered from severe pain. Sadly, a few weeks after the accident, our client passed away at the young age of 53. Our Ohio Accident Attorneys are now working with her family to ensure justice is served and to hold the transportation company accountable for their actions.

Distracted Paratransit Bus Driver Causes Rollover Crash, Injuring Several Passengers

Our client, who relies on a wheelchair because of her cerebral palsy, was on her way to an adult day care facility in a paratransit van when she was injured in a rollover crash. The van was traveling near Bowling Green when it went off the road, overturned, and came to a stop, straddling a ditch. Four passengers, including our client, were on board at the time of the crash, and all sustained various injuries. Emergency responders arrived at the scene, where our client—who is nonverbal—was visibly distressed, enduring both severe physical pain and the emotional trauma of the accident. After investigating the accident, Wood County Sheriff’s cited the transportation driver for districted driving. Our client suffered a concussion and is now suffering post-concussion syndrome in addition to posttraumatic stress disorder.

It was later discovered that, according to protocol, additional staff members or aides were supposed to be on the bus to assist passengers, especially since some clients are known to be disruptive due to the nature of their disabilities. Not only was the driver the only staff member on board, but she was also unfamiliar with the route taken on the day of the incident. Our car accident lawyers are now pursuing a claim against the transportation company for their failure to properly train and hire qualified drivers, holding them accountable for this avoidable tragedy.

At Charles Boyk Law, We’re Committed to Ensuring Safety in Disability Transportation

Disability transportation drivers play an essential role in the lives of individuals with disabilities and their families. With that level of trust and responsibility, these drivers have the duty to uphold the highest standards of care. From maintaining the vehicle to providing proper assistance, every part of the service should prioritize passenger safety and dignity.

At Charles Boyk Law, our experienced team has a proven track record of advocating for victims of paratransit/wheelchair transportation accidents. Our Ohio Transportation Attorneys are dedicated to holding negligent drivers and companies accountable, ensuring that vulnerable individuals are protected from the consequences of inadequate service. We’re committed to preventing future harm and ensuring those most vulnerable are protected.

If you or a loved one has been injured in an accessibility transportation accident, reach out to our team of experienced transportation accident lawyers at Charles Boyk Law. We are here to guide you through the legal process and fight for the compensation you deserve.