Actor Robert David Hall, a familiar face for fans and viewers of the TV series CSI: Crime Scene Investigation, lost his limbs in a car accident in 1978. An 18-wheeler truck crushed Hall’s car in a collision which caused the gas tank to explode. Aside from suffering from burns which spanned 65 percent of his body, he had to get both legs amputated. Despite his adversity, Hall continues to work and thrive in his career with the use of prosthetic limbs. He is also widely recognized as an advocate for disabled Americans.
Unfortunately, a lot of people who experienced loss of limbs in a car accident do not share the same level of success. Many car accident victims and their families suffer financially and physically. The loss of one’s limbs can hinder making a livelihood and even just simple living.
But life after a car accident and losing your limbs need not be a hardship. There are instances where one can find relief even after the loss of one’s limbs in a car accident.
Generally in a motor vehicle accident, there is always someone to blame. But when the person at fault for the accident is negligent or reckless in such a way that it breached his duty to exercise diligence on the road, he can be held liable for damages.
A person can be held liable to compensate the injured party under the following circumstances:
- If at the time of the accident, the defendant was driving under the influence of drugs or alcohol.
- The accident was caused by the driver’s reckless operation of the vehicle. (Example: over speeding)
- The driver failed to observe traffic rules and regulations. (Example: Following traffic lights and street signs)
- Distracted driving (Example: Driving while texting or talking on the cell phone)
- Drowsy or fatigued driving
There are also cases wherein the accident was caused by a vehicle defect. If such is the case, the manufacturer of the vehicle or car part which is proven to be defective can be sued for damages by the injured party.
In the legal industry, “damages” is the sum of money awarded to a person as compensation for loss or injury. Take note however, that there are different kinds of damages and the payment of such would vary, depending on the severity of the injury suffered from an accident.
Ordinarily, compensatory damages are awarded in most personal injury cases like car accidents. These are called actual damages because it covers the payment for the injury or loss suffered by the party. Compensatory damages is further divided into two kinds: economic and non-economic damages.
From the word itself, economic damages are the expenses you incurred as a result of the injury suffered. This includes compensation for medical treatment, lost wages, and other costs related to the accident. Non-economic damages speak of compensation for pain and suffering experienced by the victim because of the accident.
Now since loss of limbs in a car accident is a very serious injury, hedonic damages may be awarded. Payment of hedonic damages usually involve serious injuries that can disrupt a person’s life or take away one’s loss of enjoyment of life. Certainly, losing a leg can be devastating to a dancer while losing a hand can be agonizing for a writer.
There are other kinds of damages that may be awarded in personal injury cases but compensatory and hedonic damages are important remedies for people who have lost their limbs in a car accident. Losing a limb may often feel like all hope is lost, but it doesn’t mean that you have lost your right to recover damages and build a life after the accident.
