With an unlosable case, a certain large settlement coming your way, and costs for your
experts coming out of your client’s share, why would you care what planet your expert lives
on when he or she needs to examine the vehicle?
#wheelchairandpassengersecurement #wheelchairtipovers #transportationexpertwitness
#busexpertwitness #busaccidents
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The scientific principles for securing wheelchairs at all four points were published in 1687 – 339 years ago. Nothing else is needed to prove that securement a wheelchair at all four points, and its occupant into the chair, are the industry standard.
#wheelchairandpassengersecurement #wheelchairtipovers #transalt #transitindustrystandardsofcare #transportationindustrystandardofcare
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There is no entity to keep track of wheelchair tipovers. And the odds of obtaining relief from our legal system is hampered by one set of odds after another – ranging from the plaintiff not getting hurt badly to his or her attorney doing a poor job on the case. Because of all these things, it is not an exaggeration to think that only one out of every several hundred wheelchair cases ends up with a victory for the plaintiff (or his or her estate), and why there could easily be 10,000 tipovers a day.
#wheelchairtipover #wheelchairandpassengersecurement #wheelchairtransportation #transalt #wheelchairsecurement
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An expert should always be allowed to examine the vehicle in a wheelchair tipover case. The case has much more value if the equipment were faulty, broken or non-ADA-compliant than were it in pristine condition yet the driver simply did not use it.
#wheelchairtransportation #wheelchairipovers #wheelchairandpassengersecurement #transalt #wheelchairexpertwitness
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Insipid payment formulas are largely responsible for the number of wheelchair tipovers in certain sectors of public transportation – particularly in the non-emergency medical transportation (NEMT) service sector.
#nemtservice #nonsmergencymedicaltransportation #transalt #wheelchairtipover #wheelchairtransportation
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Much can often be accomplished through the filing of injunctive relief, which terrifies defendants. Yet few attorneys are willing to make use of this tool.
#wheelchairexpert #wheelchairtipovers #wheelchairtransportation #transalt #injunctiverelief
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Almost totally unknown to anyone, including the most diligent press and media, tens of billions (a conservative estimate) are stolen every year by two non-emergency medical transportation (NEMT) brokers.
#Modivcare #MTM #nemtservice #nonemergencymedicaltransportaton #transalt
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One factor that affects securement is track or oval orientation – longitudinal or lateral. If the distance between tracks is too close together – in violation of the requirements for longitudinal length found at 49 C.F.R. § 38.23(d)(2) – then few or no wheelchairs can be secured in that shorter space. This is because the devices to secure the front and rear of the chairs cannot be made shorter than 13 ½ inches – leaving only 21 inches for the distance between securement points on the wheelchair. They are rarely much closer together. So, for example, if the tracks are only 40 inches apart, the vehicle’s purchaser likely saved money in buying a smaller vehicle. But no wheelchair on the planet can be secured in such a small space.
#wheelchairtipovers #wheelchairandpassengersecurement #transalt #accessiblevehicles #wheelchairtransportation
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The positioning of wheelchairs in certain modes – against the wall instead of in the center of the vehicle – accounts for the low level of securement on those modes. This pattern is largely the result of the difficulty of drivers reaching ground-level securement equipment located on the wall side of the wheelchair – forcing drivers to effectively kneel down (often hurting their knees), crawl around, and effectively grovel at the feet of individuals whom many consider inferior by virtue of the fact that they cannot walk.
#wheelchairtipovers #wheelchairandpassengersecurement #transalt #wheelchairpositioning
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There are many, many reasons why wheelchairs are either rarely secured on certain modes and services or never secured on them. The only mode that reliably secures wheelchairs is a schoolbus – both on a large bus or a smaller van- or minibus-conversion. Whenever they are not secured, there is never a valid reason for this, and this failure is almost always a violation of the ADA, and the lawsuit dealing with this individual’s death or injury – or even the inability to use a restroom – is automatically a violation of that individual’s civil rights. In 1955, when Rosa Parks refused to sit at the rear of the bus, if she did, at least her seat would have been bolted to the floor.
#wheelchairtipovers #wheelchairandpassengersecurement #civilrightsviolations #transalt #safetycompromises
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