Injured on a Roller Coaster? Here's How to Seek Compensation and Justice

Few things are as thrilling and exhilarating as a roller coaster ride. However, the exciting experience can quickly transform into a dreadful nightmare when a sudden accident occurs.

According to the International Association of Amusement Parks and Attractions (IAAPA), severe amusement park injuries and accidents are relatively rare, occurring roughly once every 15.5 million rides. However, when they do happen, accidents can cause catastrophic and fatal roller coaster injuries.

Statistics offer little consolation when you or a family member is severely injured. However, if what was supposed to be a fun-filled day ends at the emergency room, we can help. Morgan & Morgan is here to listen, support, and fight for you. Get started now and contact us for a free consultation to learn about your legal rights.

Causes of Roller Coaster Accidents

Roller coaster crashes and accidents can happen for a variety of reasons. Some of the most common causes of roller coaster injuries include:

Mechanical Failure

Roller coasters require frequent maintenance and inspection to ensure they are safe for riders. If an operator fails to maintain a roller coaster or fix problems promptly, mechanical components, such as the brakes or wheels, can fail and cause catastrophic amusement park injuries.

Design Flaws

Sometimes, a roller coaster’s design can be defective from the outset. Poorly designed roller coasters can create various safety hazards, such as:

• Sudden drops
• Sharp turns
• Excessive speeds

While such safety hazards may not always lead to major accidents, they can cause injuries to riders.

Operator Error

Roller coaster operators play a critical role in ensuring the safety of amusement park visitors. If operators fail to follow safety procedures and protocols, such as checking the roller coaster for faults and securing harnesses, then serious amusement park injuries or even deaths can result.

Rider Behavior

All roller coaster riders must follow safety guidelines. However, some individuals may engage in reckless behavior, such as standing up during the ride, which can cause injuries to themselves and others.

Pre-Existing Medical Conditions

Riders with pre-existing conditions, such as heart disease or back injuries, could be at higher risk of roller coaster injuries. Consulting with your doctor before riding amusement rides, such as roller coasters, can be crucial for your health.  

Other Reasons for Roller Coaster Accidents

Roller coaster accident causes can also include, among others:

• Lack of warning signs and instructions
• Electrical faults
• Lack of safety equipment
• Untrained operators

Roller coasters are supposed to be exciting, not deadly. Moreover, the causes of roller coaster accidents are often foreseeable and preventable. If you or a loved one suffered amusement park injuries, Morgan & Morgan could help you get justice and compensation.

The Most Common Roller Coaster Injuries

While roller coaster injuries and accidents are rare, when they do happen, riders can suffer impairments that can have lasting effects on their health, career, and home life. Common amusement park injuries can include:

• Head injuries, such as concussions and traumatic brain injury
• Neck and back injuries, including whiplash and sprains
• Spinal cord injuries and paralysis
• Broken bones
• Internal injuries such as organ damage and internal bleeding
• Psychological injuries such as anxiety or post-traumatic stress disorder (PTSD)

Roller coaster injuries can range from minor cuts and bruises to severe life-altering conditions. If you or a loved one has been injured in a roller coaster accident, seeking medical attention and legal advice can protect your health and legal rights to compensation from the responsible party.

What to Do After an Amusement Park Injury

Feeling frightened and overwhelmed after experiencing a roller coaster injury is natural. However, in the immediate aftermath of an accident, prioritizing your health and taking the necessary steps to protect your legal rights can be critical. Here are your best steps after getting hurt in an amusement park accident:

1. See a Doctor

Seek medical attention immediately after the roller coaster accident, even if you are unsure whether your injuries are severe. Roller coaster accidents can be chaotic and stressful, and your body may mask pain and injury symptoms in the first few hours and days after the incident. Seeking prompt medical attention can help diagnose and treat any injuries.

Remember to follow your doctor’s orders and attend all medical appointments. Failing to follow your treatment plan may not only harm your health but could also sink your compensation claim.  

2. Report the Accident

It is essential that you report the accident and roller coaster injury to the ride operator or park management immediately. Fill out an incident report and ask for a copy. If possible, record the contact information of any eyewitnesses. A report of the incident and witness statements can be critical evidence for a compensation claim.

3. Document the Accident

Ensure to document everything regarding the roller coaster injury, which can include:

• Details regarding your injuries and medical treatments
• Medical bills and expenses receipts
• Correspondence with the park or ride operator
• Photographs of the accident scene and your injuries

4. Consult a Personal Injury Attorney

If you or a loved one suffered significant injuries, contact an experienced personal injury attorney who can clarify your legal rights and options. You may be entitled to a settlement from the responsible party. A dedicated injury lawyer at Morgan & Morgan can assess your case, identify all potential sources of compensation, and pursue the compensation you deserve.

5. Avoid Speaking to Insurance Companies

Consider letting an attorney handle all communication and negotiation with the at-fault party’s insurance company. Insurers are not on your side and may ask you for recorded statements or try to push you into signing a lowball settlement offer. Anything you say or do while communicating with insurers could later be used against you in a legal claim.

6. Stay Off Social Media

Understandably, you want to share your emotions and details of the accident with friends and family after suffering a roller coaster injury. However, refrain from posting anything related to the accident or your amusement park injuries on social media. Insurance companies and defense attorneys may use your posts to play down your injuries and reduce damages.

Who Is Responsible for Compensating Me for a Roller Coaster Accident?

Determining who is liable for your injuries and losses can be challenging. Moreover, several parties could be defendants in a lawsuit. The following parties could be held liable in a roller coaster accident:

Amusement park owners or operators: Owners and operators of theme parks must ensure that their rides are adequately maintained, inspected, and safe for riders. They are also responsible for adequately training staff.

Roller coaster manufacturers: The roller coaster manufacturer may be responsible if a design or manufacturing defect causes the accident and your roller coaster injuries.

Ride inspectors and maintenance workers: Inspectors and maintenance workers are responsible for identifying and addressing any issues and ensuring the roller coaster is operating safely. If the failure to properly inspect or maintain the ride causes an accident, the employees or the company they work for could be responsible.

Other riders: Occasionally, other patrons are responsible for a roller coaster accident when they intentionally or recklessly cause damage to the roller coaster, resulting in others’ injuries.

Since determining liability in a roller coaster accident can be challenging, the expertise of an experienced attorney and industry experts is typically required to identify accident causes and liability. Morgan & Morgan has the experience, resources, and investigators needed to get to the bottom of roller coaster accidents.

Which Damages Could I Receive for Amusement Park Injuries?

If someone else is responsible for your roller coaster injuries or the death of your loved one, you deserve justice and compensation. Life-changing amusement park injuries can impact all aspects of your life. Therefore, victims and their families could qualify for various damages, including but not limited to:  

• Healthcare expenses and future treatment costs
• Wage loss and future estimated loss of income
• Assistance with household tasks during recovery
• Modifications to the home and vehicle
• Awards for physical and emotional suffering

If your loved one died in a roller coaster accident, you could be entitled to recover burial costs, loss of the deceased’s income, loss of love and companionship, and other damages.

To maximize your compensation, consider getting a Morgan & Morgan injury lawyer in your corner who can fight hard for what you need to put your life back together after an amusement park accident.

How Much Time Do I Have to File a Roller Coaster Injury Lawsuit?

The deadline for filing a personal injury lawsuit is generally determined by the statutes of limitations, which vary by state. In most states, victims have between one and three years from the date of the injury, but the deadline can be longer or shorter depending on the circumstances of your specific case.

It’s important to note that the statute of limitations is a strict deadline. If you miss it, you may never be able to recover compensation for your injuries. Therefore, consult a roller coaster injury lawyer as soon as possible after your amusement park injury to protect your rights.

An injury lawyer at Morgan & Morgan can review the details of your case and determine the applicable statute of limitations and other filing deadlines. Acting quickly can maximize your chances of recovering compensation.

How Can Morgan & Morgan Help Me After a Roller Coaster Accident? 

The aftermath of an amusement park accident can be exhausting if you don’t have a strong advocate by your side who can take some of the burdens off your shoulders. During this challenging time in your life, when you may be in pain and worrying about how to make ends meet, Morgan & Morgan is here to help.

Our tenacious personal injury lawyers can handle your legal claim from start to finish, leaving you free to concentrate on your healing and well-being. Here are some ways we can help after your roller coaster injury:

Evaluate Your Case

Our seasoned personal injury lawyers can review the details of your case and walk you through your legal options. We can determine if you have grounds for a lawsuit and can proceed with your compensation claim. We can also assess your damages and identify the worth of your claim.

Investigate the Accident Causes

Morgan & Morgan can thoroughly investigate your amusement park injuries and accidents with the help of technical experts. We can help collect critical evidence proving your case, including witness statements, medical records, and photographs or videos of the roller coaster accident.

Negotiate With Insurance Companies

An insurance adjuster might contact you to settle quickly after you suffer roller coaster injuries. Agreeing to the first settlement offer can be a mistake, as insurance companies often try to pay as little as possible. Morgan & Morgan’s attorneys know what you deserve and won’t settle for less. We can negotiate with insurance companies on your behalf, ensuring you are treated fairly and don’t leave money on the table.

Represent You at Trial

If an insurance company drags its heels, we can drag them to court, fighting for the full worth of your claim at trial. Our passionate injury attorneys can present your case powerfully and convincingly to a judge and jury and fight for maximum compensation.

Morgan & Morgan offers you more than just efficient legal representation. When we take your case, you become family, and we will fight as hard for you as we would for our own family members. Moreover, we are always at the other end of the phone to listen to your concerns, answer your questions, and help you recover from your ordeal.

We Never Settle for Less 

A severe roller coaster injury or the death of a loved one in an amusement park accident can change your life in the blink of an eye. However, you are not alone. Morgan & Morgan has your back.

Our attorneys have fought for injured individuals for over 35 years, recovering over $20 billion in damages. You pay nothing unless and until we win. Contact us today to discover your next best steps in a free consultation.