It has been a tough year for the auto industry. This year alone Toyota, Ford, and GM have recalled over 15 million vehicles for various safety related issues! Technological breakthroughs might helps sell new cars, but the single most important characteristic of a vehicle is it’s safety record.
It is important to understand that if you or a family member have been seriously injured or killed in an auto accident that resulted in a rollover or post-collision fire, that you may be able to pursue a product liability claim in addition to the at-fault driver’s auto insurance. if the vehicle’s design either caused the accident (i.e. the sudden acceleration accidents caused by Toyota’s) or made the injuries worse (i.e. bursting into flames after impact) then you may be able to seek damages against the manufacturer.
Every car designer will accept that at a bare minimum a car on pavement should never flip over. The introduction of SUVs in the past few decades, however, showed that top heavy vehicles may, in fact, rollover in certain collisions. If a car rolls over, an investigation may be warranted to determine if a flawed design made the vehicle unstable. In addition, since it is well known that a vehicle might rollover in certain accidents, car manufacturers need to prepare for the possibility. That means that the roof should be able to withstand a certain amount of pressure without collapsing and crushing the occupants inside. Doors, windows, and safety glass should be designed in such a way as to limit or reduce vehicle ejection (being thrown from the car).
Safety Device Failure
We rely on seatbelts and air bags to save us from serious harm in an accident and even if a car is nine years old we expect that these safety devices will work. If a seat belt fails or an airbag fails to deploy it may be caused by faulty design or installation. Without these safety devices in place, a relatively minor accident can become extremely serious.
Post Collision Fires
Vehicles igniting into flames after an accident is not a very common occurrence following the disastrous Pinto and the massive lawsuits that Ford faced. If you recall, the Ford Pinto had a gas tank dangerously close to the rear bumper which caused Pintos to burst into flames after a simple rear-end accident. Today, designers are very aware of the need to protect and insulate the gas tank from impact. However, modern cars have complex gas combustion engines and fuel lines criss-cross up and down the length of the car. Inappropriate positioning of any of these lines or the breach of a line in a simple accident might cause a preventable post-accident fire.
It is important that you hire an attorney who is familiar with product liability cases and who can see potential cases when a car accident has caused very serious injury. If you feel the vehicle you were in failed to keep its occupants safe, do not hire an attorney who stops short at the auto insurance policy.
If you have been injured in a very serious car accident and believe that faulty mechanisms may have worsened the injury, or caused the accident, contact my office right away for a free consultation.