Crashworthiness Products Liability Cases
The common elements in products liability cases regarding crashworthiness are the assumptions that motor vehicle accidents are inevitable and that cars should be designed to minimize the resulting harm. As such, vehicle design is a top concern for prospective car buyers and those investigating issues regarding crashworthiness in accident cases.
What is Crashworthiness?
Crashworthiness is a term used to describe the ability of a motor vehicle to protect occupants during a traffic collision. Every vehicle should be deemed crashworthy before being made available to the public. Products liability cases regarding crashworthiness deal with injuries caused by vehicle parts and equipment defects and not the accident itself. This may include tires, roof stability, airbags, seat belts, and other safety features. Manufacturers are responsible for creating products that impose no foreseeable danger to consumers and must inform the public when hazards are identified.
Injuries resulting from a motor vehicle’s crashworthiness are generally compensated separately from injuries sustained from a traffic collision itself. As such, crashworthiness involves the failure to warn consumers about dangers, defects in the design of a motor vehicle, and faults in the manufacturing process. For instance, in some extreme cases, a faulty airbag may cause burns, bone fractures, head trauma, and death. This example is merely one of many illustrations depicting the severe harm that may result from poor crashworthiness.
What are the Common Types of Crashworthiness Cases?
The more common products liability cases surrounding crashworthiness are those involving mechanical or structural failure giving rise to severe injuries, such as head trauma, spinal cord injuries, and bone fractures. Following is a list of the common types of cases which have been evaluated in depth by experts and often in litigation:
- Faulty seat belt retractor that is loosely fit around the occupant and a defective seatbelt buckle that may unlatch during a crash which may propel a passenger forward to strike the windshield
- Seatback failure is attributed to broken or detached head restraints, stuck recliner mechanisms, and deformed or collapsed seatbacks.
- Faulty door latch allowing vehicle doors to open during a motor vehicle collision
- Insufficient roof crush resistance (outlined in Federal Motor Vehicle Safety Standard 216) and intrusion of body panels into the motor vehicle occupant space
An incident involving crashworthiness may occur every day and cause harm to those riding in new and used motor vehicles. However, it should not be presumed that products liability cases for crashworthiness are only applicable to vehicles manufactured in high volume or that all claims fall into specifically known types.
Assessing Rear Crashworthiness in Products Liability Cases
According to the Insurance Institute for Highway Safety, a test in 2022 indicated that there was a gap between front and rear occupant safety in crashes. Measurements were taken from the lower extremities, chest, neck, and head of dummies placed in the rear seat of tested 2021-2023 motor vehicles to assess the risk of injury to those areas. Sensors in the dummy recorded measurements that indicated an excessive risk of injury. A research engineer who assisted in developing the new test indicated that chest trauma is the most common injury for adults in the rear seat.
During a motor vehicle crash, it is expected that the vehicle’s structural integrity is designed to protect occupants by decreasing collision forces and maintaining survival zones that passengers would reasonably not be exposed to in collisions. Decreasing the severity of injury to motor vehicle passengers in rear seats starts with an occupant system that functions as intended by decreasing the load exerted on occupants in a collision. Manufacturers must build vehicles that keep occupants out of harm’s way. The unfortunate reality is that it is not always the case.
One too many prospective crashworthiness cases are often unrecognized by attorneys who do not understand the concept and often regard such matters as simple motor vehicle collision cases. That is why working with a California personal injury lawyer with experience handling products liability cases, such as ours from AutoAccident.com, is essential. Our experienced and compassionate attorneys provide valuable advice that is free and friendly and take cases on contingency, meaning we do not get paid unless and until we have obtained a favorable resolution. Learn more by watching this video.
Why Do Products Liability Cases Involving Crashworthiness Go Unrecognized?
A delayed investigation is one of the many reasons why crashworthiness cases go unrecognized. Crucial evidence in every case are the vehicles involved and the evidence at the crash site, which may reflect the direction and force of the impact. Tire marks, buildings, trees, guardrails, and other roadway obstructions and signage may provide an essential story to skilled investigators. Moreover, the vehicle in question should be kept and preserved in its original condition following an accident for an attorney to examine with their team of trained investigators.
Personal Injury Lawyer in Sacramento
A products liability case involving crashworthiness is challenging and requires substantial resources to investigate the crash site and vehicles involved. At AutoAccident.com, we handle products liability and personal injury cases. Our legal team has the experience, skills, and resources to compete against manufacturers. If you or a loved one was injured in a car crash and believe that poor vehicle crashworthiness was involved, contact our law firm to receive free, friendly advice from one of our Sacramento personal injury lawyers at (916) 921-6400 or (800) 404-5400.
Photo Credit: Pixabay PixerMixer
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