Reckless drivers can cause spinal cord injuries in motor vehicle accidents by speeding, tailgating, driving under the influence, or running red lights. These behaviours increase the likelihood of high-impact collisions, leading to severe injuries – including damage to the spine.
In cases where a spinal cord injury occurs, a knowledgeable motor vehicle accident lawyer can help by filing a lawsuit against the reckless driver. A lawyer will gather evidence, such as witness testimony, police reports, and medical records, to prove the driver’s negligence and how it caused the injury. They will also pursue compensation for various damages, including pain and suffering, lost income, and loss of earning capacity.
Having an experienced Calgary spinal cord injury lawyer on your side increases your chances of receiving fair compensation to cover the physical, emotional, and financial consequences of your spinal cord injury.
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Types of Reckless Driving that Cause Accidents Leading to Spinal Cord Damage
Reckless driving is a major cause of accidents, some of which lead to serious injuries, including spinal cord damage. Speeding is one of the most frequent types of reckless driving. When drivers exceed the speed limit or drive too fast for road conditions, they decrease their ability to stop or maneuver quickly. This can result in collisions – often with devastating consequences since high speeds increase the force of impact.
Another type of reckless driving maneuver is tailgating or following too closely behind another vehicle. Drivers who tailgate put others at serious risk because they don’t allow enough time or space to stop. This can lead to rear-end crashes, which are particularly dangerous when they occur at high speeds.
Driving under the influence of alcohol or drugs is another major cause of reckless driving. Impaired drivers have slower reaction times and poor decision-making skills. They are also more likely to engage in aggressive behaviours like speeding or weaving in and out of traffic. These actions often lead to head-on collisions or rollovers, which can cause severe spinal injuries – especially if the victim is ejected from the vehicle.
Running red lights or stop signs is another reckless driving behaviour that can lead to serious accidents. When drivers fail to yield the right-of-way, they often cause T-bone or side-impact collisions, which can result in injuries to the neck and back. These types of crashes are particularly dangerous for occupants of vehicles that are hit on the side.
Lastly, distracted driving (i.e. using a cell phone or engaging in other activities) reduces a driver’s ability to stay focused on the road. This leads to accidents where the driver may not notice sudden changes in traffic, resulting in crashes that cause severe spinal injuries.
Most Common Types of Spinal Cord Injuries that Result from Reckless Driving
Spinal cord injuries resulting from reckless driving accidents can vary in severity, but they typically occur when the force of a crash damages the spinal cord.
One of the most common types of spinal cord injuries is cervical spinal cord injury, which affects the neck area. This type of injury is often seen in high-impact collisions, such as head-on crashes or rear-end collisions, where the head and neck are forced forward or backward. Cervical spine injuries can lead to partial or complete paralysis of the arms, legs, and torso, depending on the level of the injury. This type of injury is especially dangerous because it can interfere with breathing and other vital functions.
Another common injury is a thoracic spinal cord injury, which affects the upper and middle back. While less common than cervical injuries, thoracic injuries can still have significant consequences. These injuries typically occur in crashes where the vehicle is hit from the side or in rear-end collisions. A thoracic injury can lead to paralysis or weakness in the torso and legs, often resulting in difficulty with mobility and balance. People with thoracic spinal cord injuries may require the use of a wheelchair or other assistive devices to maintain independence.
A lumbar spinal cord injury, which affects the lower back, is also a significant result of reckless driving accidents. This type of injury often results from high-impact crashes or situations where the driver or passenger is violently thrown from their vehicle. While lumbar injuries tend to cause less severe paralysis than cervical or thoracic injuries, they can still result in partial loss of sensation or movement in the lower limbs. These injuries can also cause chronic pain, difficulty walking, and loss of bowel or bladder control.
In addition to these common types of injuries, complete spinal cord injuries occur when the spinal cord is entirely severed or damaged, leading to permanent loss of function below the point of injury. Incomplete spinal cord injuries are less severe, meaning that the spinal cord is partially damaged, and some sensation or movement may remain below the injury site.
No matter the type, spinal cord injuries due to reckless driving can lead to permanent disability, requiring lifelong medical treatment, rehabilitation, and support. The impact of such injuries extends far beyond the physical consequences, affecting emotional and mental well-being as well.
How to Prove that a Spinal Cord Injury Resulted from a Reckless Driver’s Negligence?
Proving that a spinal cord injury resulted from a reckless driver’s negligence requires gathering strong evidence. In a claim or lawsuit, the accident victim must demonstrate that the at-fault driver’s actions directly caused their injury. This involves showing that the driver acted carelessly or recklessly and that their actions led to the accident, which in turn caused the spinal cord injury. The most helpful types of evidence in these kinds of cases include eyewitness testimony, police reports, medical records, expert testimony, and physical evidence from the crash scene.
Eyewitness testimony can be a crucial piece of evidence in proving negligence. People who saw the accident happen can provide detailed accounts of the driver’s behavior leading up to the crash. For instance, if a witness saw the driver speeding, tailgating, or running a red light, their testimony can establish that the driver was behaving recklessly. Eyewitnesses can also describe the events of the accident itself, helping to show that the driver’s negligence was the cause of the crash and resulting spinal injury.
Police reports are another important piece of evidence. After an accident, law enforcement typically arrives at the scene to investigate and document what happened. The officer’s report will include details about the accident, such as road conditions, the driver’s actions, and any traffic violations that occurred. The police report may also note whether the driver was impaired by alcohol or drugs, which can strengthen the case for negligence.
Medical records play a key role in proving that the spinal cord injury resulted from the accident. A doctor’s diagnosis, along with imaging tests such as X-rays or MRIs, can confirm the location and severity of the injury. Medical records can also show the timeline of treatment, helping to link the injury directly to the accident. The more detailed the records are, the stronger the case will be in showing that the spinal cord injury resulted from the crash.
Expert testimony from medical professionals and accident reconstruction specialists can also be valuable. A medical expert can testify about the nature of the spinal cord injury and explain how the specific circumstances of the accident likely caused it. Accident reconstruction experts can analyze the crash scene, vehicle damage, and other factors to demonstrate how the driver’s reckless behaviour led to the accident and injury.
Finally, physical evidence from the crash scene, such as skid marks, vehicle damage, and debris, can establish the cause of the accident. This evidence can show whether the driver was speeding, failed to stop in time, or otherwise acted negligently.
What Happens When You File a Lawsuit Against a Reckless Driver for Spinal Cord Injuries?
Filing a lawsuit against a reckless driver who caused a spinal cord injury begins with consulting an experienced lawyer. It’s important to find a lawyer who regularly handles accident cases that involve spinal cord injuries. A lawyer will first evaluate the case details, including evidence of the driver’s negligence and the severity of the injury, to determine whether filing a lawsuit is the best option.
Once the lawyer has gathered all of the necessary information, including medical records and evidence from the accident, the next step is to officially file a complaint in court. This complaint outlines the injury and the legal basis for the lawsuit, which typically centers on the driver’s negligence. The complaint will be filed with the appropriate court, and the driver will be served with a copy of the complaint, officially notifying them of the lawsuit.
After the lawsuit is filed, the discovery phase begins. Discovery is the process where both sides exchange information relevant to the case. This can include depositions (sworn statements taken from witnesses, the accident victim, or the at-fault driver), requests for documents (such as medical records, accident reports, and police records), and interrogatories (written questions that the other side must answer). During this phase, both sides gather evidence to strengthen their arguments and prepare for trial.
If the case does not settle during discovery, the next step is trial preparation. Both sides will prepare their arguments, gather expert witnesses, and get ready to present their case to the court. During the trial, both sides will present evidence and call witnesses to testify, including medical experts, accident reconstruction specialists, and eyewitnesses. The accident victim’s lawyer will work to prove that the at-fault driver’s reckless behaviour caused the spinal cord injury, while the defence will try to refute this claim.
However, not all cases go to trial. Many accident cases are settled before they reach court through alternative dispute resolution (ADR) methods like mediation or arbitration. In mediation, a neutral third party helps both sides reach a mutually agreeable settlement without the need for a formal trial. At arbitration, an arbitrator makes a binding decision after hearing both sides.
If the case goes to trial, the judge or jury will determine the outcome and, if the accident victim wins, award compensation for the spinal cord injury.
Compensation You Can Recover When a Reckless Driver Causes a Spinal Cord Injury
In an accident case where a reckless driver causes a spinal cord injury, the injured person may be entitled to compensation for their various damages or losses. Compensation for these damages is meant to address the physical, emotional, and financial impact that the injury has on the victim’s life. Some of the most common compensable losses in these cases include pain and suffering, lost income, loss of earning capacity, and emotional distress.
- Pain and suffering compensation is awarded to compensate the victim for the physical pain, discomfort, and hardship resulting from their spinal cord injury. This includes not only the immediate pain from the injury itself but also the ongoing pain and the long-term effects of living with the injury. Spinal cord injuries often result in chronic pain, which can significantly affect the victim’s quality of life. The severity of the pain, the effect on daily activities, and the long-term nature of the injury all contribute to the amount of pain and suffering compensation.
- Lost earnings are another compensable loss. If the victim is unable to work due to their spinal cord injury, they may be entitled to recover the earnings they would have earned during the time they are unable to work. This includes both short-term and long-term income loss. For example, if the victim is temporarily unable to work because of hospitalization or initial recovery, they can obtain the income they lost during that period. In cases of severe injury, where the victim can no longer return to their previous job or occupation, they may be entitled to receive compensation for the future earnings they would have earned had the accident never happened.
- Loss of earning capacity is another important damage – especially in cases where the injury is permanent and affects the victim’s ability to work in the future. For example, a person with a spinal cord injury may be unable to pursue their career or may need to find a less physically demanding job. Loss of earning capacity compensates the victim for the difference between their potential earnings before the injury and what they can earn after the injury.
- Lastly, emotional distress compensation is awarded for the mental and emotional toll that the spinal cord injury causes. This can include anxiety, depression, and the psychological trauma of dealing with a life-altering injury. The emotional effects of the injury can be just as significant as the physical effects, and compensation is designed to address the psychological suffering resulting from the accident.
Compensation for these losses is intended to help the victim cope with the lasting effects of their spinal cord injury and to provide financial support for the challenges they face in the aftermath of a reckless driving accident.
Talk with an Experienced Spinal Cord Injury Lawyer Today
If you suffered a spinal cord injury in an accident that a reckless driver caused, you are not alone. A knowledgeable Calgary personal injury lawyer will investigate your accident circumstances, gather documentation, and take the appropriate legal steps on your behalf. They will work hard to maximize the settlement or litigation compensation you recover for your losses.
