Defect in Motor Vehicles May Be Responsible for Accidents
At the Law Office of Edward A. Smith, we’ve handled thousands of traffic accident injury claims for our clients over the years. In the vast majority of those cases, our client’s injuries were caused by the negligent behavior of other drivers. But sometimes, there are other factors involved, such as defects in the design, construction, and maintenance of the roadway, for which a state, county, or city may bear liability.
In some instances, defects in a motor vehicle may be responsible either for causing the accident or for causing some of the specific injuries that a victim may sustain. If this latter situation is the case, what are the signs your accident injury may be from an auto defect? What evidence at the accident scene may point to this? Or what types of injuries may point to a defect in a vehicle?
Why Is It Important to Look for Signs Your Accident Injury May Be From an Auto Defect?
Understanding how a traffic accident may have occurred and how it caused injuries to a victim are key elements in investigating and proving any personal injury claim. A significant reason to look for evidence that an injury may be from an auto defect, however, is the nature of the defendants in an auto defects case and the potential for their liability coverage and assets to adequately compensate victims of serious injuries.
Coverage from ordinary personal auto liability policies may provide as little as $15,000 in insurance coverage to compensate an injury victim, which can often be inadequate even for relatively minor injury claims. Personal auto policy coverages are rarely more than $300,000, and even commercial vehicle liability policies typically top out at $1 or $2 million, which may be inadequate for major injuries or fatal incidents.
However, auto defect claims are made against major corporations that manufacture and sell motor vehicles — companies that are likely to have much more significant insurance coverage and assets to compensate victims of severe injuries. If an injury victim handling their own claim or an inexperienced attorney working on their behalf fails to recognize the indicators of an auto defects case, that injury victim may not be properly compensated by even a policy limits settlement against inadequate insurance coverage.
Signs Your Accident Injury May Be From an Auto Defect — Evidence at the Accident Scene
Possible signs of seat belt, seatback, or airbag defects:
- If the injury victim thought they were belted but is found not to be belted after the accident.
- If the injury victim was belted but still suffered an injury from striking the interior of the car.
- If the injury victim was thought to be belted but was ejected during the incident.
- An airbag that is deployed in a low-speed impact or in an impact to the rear of the vehicle.
- An airbag that did not deploy even though there is significant front-end damage.
- A side airbag that didn’t deploy in a rollover or side-impact accident.
- A seat belt that is detached from its mountings.
- A seat belt that is fully extended after an accident with no “tension” from the retraction mechanism.
- A seatback that has obviously collapsed.
- A rear-seat passenger who struck or was struck by the front seat.
Possible signs of tire, roof, steering, and fuel tank defects:
- Tires that had obvious blowouts or separation of the tread even though not showing signs of heavy wear.
- Fire after an accident that did not cause major damage to the vehicle.
- A roof that is crushed inward or has an open hole.
- A roof that is shifted sideways after a side impact or rollover accident.
- A vehicle that rolled over without any apparent cause (such as a sudden, hard turn or striking an object that would flip the vehicle).
Signs Your Accident Injury May Be From an Auto Defect — Evidence from the Injuries
Types of injury indicators that may be signs your accident injury may be from an auto defect:
- Head and facial injuries despite being seatbelted.
- Even though airbags appeared to function properly, head and facial injuries showed signs the airbag did not deploy quickly or fully enough.
- Head and facial injuries with no airbag deployment.
- Upper body fractures when seatbelted but no vehicle compartment intrusion, indications that lateral body movement wasn’t properly controlled by the seatbelt.
- Lower body fractures when lap belted, but no vehicle compartment intrusion, indications that forward low body movement wasn’t properly controlled by the lap belt.
None of these indicators are absolutely proof in and of themselves that an injury resulted from an auto defect. Still, they should immediately raise red flags for an attorney seeking to prove the cause of a client’s injuries.
View this video from 60 Minutes Australia about defective airbags that are also in millions of vehicles in the U.S.
Sacramento Products Liability Lawyer
Hi, I’m Ed Smith, a Sacramento auto products liability lawyer for more than 38 years. If you or a family member has been injured in a motor vehicle accident, it is key to seek advice from an attorney with the experience to recognize the signs of a possible auto defect involvement. To speak with one of our attorneys and receive free, friendly advice, give us a call at (916) 921-6400 or (800) 404-5400. We also have an online contact form available if you prefer to reach us that way.
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Photo Attribution: cfarnsworth from Pixabay
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