Crash Protection: You Have a Right to Expect That Your Vehicle Will Perform Well In a Crash
If you are in a crash, you have the right to expect that you vehicle will perform well and hopefully keep you safe from serious injury. Unfortunately, this is not always the result.
In some cases, the vehicle, or parts of the vehicle are unsafe. Defective tires may cause an accident. Seatbelt failure may occur. Vehicles may not be properly designed to protect occupants in the case of a rollover. Other auto manufacturing defects may also exist.
At our firm, we carefully investigate each accident. Often, factors in addition to the negligence of another driver may be involved. If this is the case, it is important to understand carefully all of the aspects that contributed to the accident so that we may identify and hold accountable all others for their role in the accident and the injuries sustained.
You have the right to expect that your car will be “crashworthy.”
The law imposes liability upon motor vehicle manufacturers under what has come to be known as the crashworthiness doctrine. This doctrine is also sometimes referred to as the second collision (impact) doctrine, or the enhanced injury doctrine.
The actual motor vehicle accident itself is the “first collision.” The “second collision” occurs when the occupant comes into contact with the interior components of the vehicle or is thrown out of the vehicle. Under this doctrine, a motor vehicle manufacturer is required by law to design and manufacture vehicles that are crashworthy. A crashworthy motor vehicle should protect its occupants against injury or death in a motor vehicle accident.
Compensation Under the Crashworthiness Doctrine
In a crashworthiness case, the injured party seeks compensation for those injuries that occurred over and above the injuries that resulted from the initial impact. These enhanced injuries are due to a lack of adequate protection which, in and of itself, causes injury. A motor vehicle manufacturer can be held responsible for these enhanced injuries because they have failed to provide safety features or have provided inadequate or faulty safety features.
A Systems Approach
Most experts would agree that effective crash protection for occupants turns on a “systems approach.” This approach means that motor vehicle design must effectively keep the occupant:
- Inside the vehicle
- In a space sufficient to survive
- While being protected from harmful contact with the vehicle’s interior.
If an Automobile Defect May Have Contributed to Your Accident, Please Call Our Firm
We will carefully investigate the accident with the help of experts to determine what occurred. In many (perhaps most) cases, an auto defect will not be apparent to the untrained eye; experts are thus required to carefully inspect vehicles and vehicle parts (such as seat belts and tires), black boxes, and other aspects.
To best further your case (or the case relating to a loved one who may have been killed), we need to begin an investigation as soon as possible in order to preserve valuable evidence. Our firm offers a free consultation concerning your auto accident case. If you retain our firm, we will work on a contingency fee basis (our fees are only paid if we win), and I will work zealously on your behalf to maximize your monetary recovery in any claim or lawsuit. Call me night or day.