Florida Auto Product Liability Accident Lawyers

Auto Accidents and Product Liability

One of the first things that our firm always does in an auto accident case is to determine if it is also a product liability claim. We need to investigate how and why the accident happened to ascertain whether a product is defective, namely the automobile in its entirely or component parts such as the seat belt or tires. Our Jacksonville auto product liability lawyers are trained to recognize these defects in different types of accident. Almost any type of accident, whether in a vehicle, on the job, or even at-home, should be evaluated as a potential defective product claim.

Tires

Some of the more common defects in a vehicle include tires. You may recall years ago the Ford and Firestone tire litigation from repeated tire failures that resulted in deaths and injuries. Many tire failures can be attributed to design and manufacturing defects. Tire makers are not always forthcoming with information for the consumer to use the tire safety. For example, if they are not serviced properly or replaced after their intended period of use, a tire can fail, blowout and detread. When that happens, a vehicle can lose control and easily roll over or collide with other vehicles, which is especially likely if the vehicle is a SUV and /or traveling at a high rate of speed on the highway. A poorly made tire can separate if there is a problem with the bonding of materials or if contaminants or older ingredients were introduced during the manufacturing process. Air can become trapped in-between the layers of the tire leading to a detread. The most egregious cases can result in a rollover, severe injuries and death.

Seat Belts

During an auto accident, there are actually two crashes, the one with another vehicle, object, or person, and the impact of the vehicle occupant with the seat belt, or in the case of a seat belt failure, with the interior of the vehicle. The seat belt is supposed to minimize the second collision, but there have been seat belts that have failed due to design, product and installation. Our investigators frequently find that an accident victim is unbelted after the accident even though they say they had their belt on. In other instances, the occupant may strike the interior of the car, resulting in injury, or may be ejected from the vehicle even though the belt is latched. Less frequently, the webbing of the seat belt itself can become frayed, torn, or loose after the accident. Another thing to look for is whether the seat belt mounts to the floor have come loose during an accident.

Roof Crush

When a vehicle rolls over, and if the seat belt works, the occupants should be protected by the survival space around them and especially between their head the roof. The roof is the critical component in keeping someone safe from suffering traumatic head injury which is very difficult to survive. When the automaker fails to provide adequate side rails, roll bars, and support pillars, a decrease in the survival space can result leading to death, paralysis, spinal injury, or brain injury. In some cases, a roof can open during a roof crush partially ejecting the occupant. In those cases, the manufacturer should be held responsible for manufacturing a defective product.

Federal statistics find that roof crush injuries from rollovers lead to nearly 600 deaths a year and even more injuries for those passengers wearing their seat belts. For those passengers not wearing seat belts, the numbers are even higher. The National Highway Traffic Safety Administration in 2009 ruled that rood strength of vehicles or passenger cars will double beginning in 2012. In the meantime, a car's strength-to-weight ratio is followed. It was passed in 1971 and requires the manufacturer meet a minimum ratio of 1.5, meaning that in an accident the strength of the roof must exceed one and a half times the weight of the vehicle. Unfortunately, in a rollover the forces are much higher than that.

In trying these cases, attorneys have known for years that the auto industry knew it had a problem with inadequate roof strength yet put off making car roofs stronger. Some manufacturers do better than others, and they are not necessarily the most expensive cars. The Insurance Institute for Highway Safety will be adding a new roof rating system. To receive a marginal rating the roof strength to weight ratio of 2.5 will be required. A much higher 3.25 is preferable.

If you or a loved one has experienced an auto accident that involved tires, seat belts or a roof that failed to protect the car's occupant, it would be well-advised to bring in an experienced Florida personal injury attorney to take a closer look at your accident to see if product liability may be an important element of your case.