Hurricanes are devastating natural disasters that impact lives, properties, and businesses. While evacuation is often a necessary response to mitigate the loss of life, these situations can also lead to unexpected accidents and injuries. Car accidents, slip and falls, and injuries sustained in evacuation shelters are common during chaotic times like evacuations. If you or a loved one suffered an injury during the evacuation process, it’s important to understand your rights and know how to file a personal injury claim.

Understanding Liability During Evacuations

When hurricanes like Helene or Milton strike, authorities often mandate evacuations to protect the public. However, the rush to leave, overcrowded roads, or poorly maintained evacuation shelters can result in accidents that leave individuals with injuries. Determining who is liable in such situations can be complex due to the unique conditions surrounding natural disasters. The following factors can help establish liability:

• Negligence by a driver: In the rush to evacuate, drivers might disregard traffic laws or drive recklessly, leading to car accidents. If a driver’s negligence caused your injury, they could be held liable.
• Poor road conditions: Municipalities are responsible for ensuring that roads are safe, even during emergencies. If you were injured due to a road hazard, the city or county may bear some responsibility.
• Inadequate safety measures in shelters: If you sustained an injury in an evacuation shelter due to unsafe conditions, the organization or agency operating the shelter could be liable for failing to provide adequate safety protocols.

Types of Personal Injuries During Hurricane Evacuations

Injuries sustained during hurricane evacuations can vary widely, and each case requires a unique legal approach. Some common injuries include:

1. Car Accidents: High traffic volume and frantic driving often lead to collisions during hurricane evacuations. Accidents like these can cause serious injuries such as broken bones, concussions, and whiplash. Proving liability in these cases usually requires demonstrating that one party was negligent or reckless under the circumstances.
2. Slip and Fall Accidents: Wet or debris-laden surfaces in evacuation centers or shelters are common hazards. Property owners or managers must ensure the safety of their premises, even in emergencies. Slip and fall injuries often lead to fractures, back injuries, or head trauma.
3. Injuries in Evacuation Shelters: Evacuation shelters are often makeshift, crowded, and understaffed. If injuries occur due to inadequate supervision, overcrowding, or structural hazards, shelter operators could be held liable. Examples include ceiling collapses or unsafe sleeping arrangements that cause falls.

Steps to Take if Injured During a Hurricane Evacuation

If you’ve been injured during a hurricane evacuation, the steps you take right after the incident can greatly impact your ability to successfully file a personal injury claim.

1. Seek Medical Attention Immediately: Even if your injuries seem minor, getting evaluated by a healthcare professional is essential. Medical records play a critical role in proving your injuries in court.
2. Document the Incident: If you’re able, take photos or videos of the accident scene, any dangerous conditions, and your injuries. This visual evidence can strengthen your claim.
3. Collect Witness Information: If others were present during the accident, ask for their contact information. Their testimony can be invaluable in verifying what happened.
4. Report the Incident: Whether the accident occurred on a roadway, in a shelter, or in another public space, report the injury to the appropriate authorities. If you were injured in a car accident, file a police report. If your injury happened in a shelter, alert the management and ensure they document it.

Filing a Personal Injury Claim

Pursuing a personal injury claim during or after a hurricane evacuation requires following several key steps. Partnering with a knowledgeable personal injury attorney can guide you through the process. Below are the general steps to take:

1. Determine the At-Fault Party: Identifying who is liable for your injury is the first step. This could be a reckless driver, a negligent municipality, or a shelter operator.
2. File a Claim With the Insurance Company: If a driver was at fault, you will file a claim with their auto insurance. If the accident involved a slip and fall or shelter injury, you may need to file with a property insurance provider.
3. Calculate Damages: You may be able to receive compensation for medical expenses, lost wages, and pain and suffering. It’s essential to document all costs associated with the injury to maximize your claim.
4. Negotiate a Settlement or Go to Court: Most personal injury claims settle out of court, but if negotiations don't work out, your attorney may suggest you file a lawsuit and seek compensation through litigation.

Proving Negligence in Hurricane Evacuation Accidents

Proving negligence in an injury claim can be challenging, especially during chaotic situations like hurricane evacuations. To establish there was negligence, you must prove four elements:

• Duty of Care: The responsible party had a legal obligation to act safely. For example, drivers must comply with traffic laws, and shelter operators are obligated to maintain a reasonably safe environment.
• Breach of Duty: You must demonstrate that the responsible party failed to meet their legal duty. This could include driving recklessly or failing to address known hazards in an evacuation shelter.
• Causation: You need to show that the breach of duty directly caused your injury.
• Damages: You need to prove that you suffered damages, whether financial, physical, or emotional, due to the incident.

Conclusion

If you’ve been injured during a hurricane evacuation, knowing your rights and how to file a personal injury claim is crucial. Gathering evidence, seeking medical attention, and consulting an attorney can boost your chances of compensation. Whether the injury is from a car accident, slip and fall, or shelter hazard, personal injury claims help those injured recover.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.