Fort Lauderdale Injury Lawyer Blawg

Just recently, Hyundai announced two separate recalls affecting close to 285,000 of their 2007-2009 Elantra vehicles. There are airbag related issues that prompted Hyundai to act. First, almost 96,000 of the 2007 and 2008 Hyundai Elantra models were recalled because of a problem with the driver's seat position sensor, which in turn affects how much airbag force to deploy. This means that the airbag could potentially deploy with maximum force, even if the driver is sitting very close to the steering wheel. From a Fort Lauderdale Car Accident Attorney's perspective, this though is very scary and poses a serious injury risk.

Furthermore, Hyundai is also recalling nearly 189,000 Elantras from 2007-2009 because of a weight sensor issue. The sensor can be found under the center console and might malfunction if, for example, a drink is spilled on it. This is a problem because the sensor communicates with the front passenger airbag as to whether the passenger is heavy enough to trigger the airbag in the event of a car accident. If the sensor is not functioning properly, then the airbag could deploy regardless, even if there is a child in the front seat. As a Fort Lauderdale Personal Injury Attorney, I can already foresee the potential for bodily harm in this scenario. Thus, prior to even bringing these cars in for service, it seems advisable that no children sit in the front passenger seat of the affected Hyundai Elantra recalled models.

As a Fort Lauderdale Car Accident Lawyer, this recall worries me because of the potential for bodily injury. These defective sensors could lead to even more severe injuries than the already serious injuries that tend to result from a car accident. Though Hyundai would not be responsible for the actual car accident, a Fort Lauderdale Car Accident Lawyer could argue that Hyundai would be responsible for any injuries that directly resulted from the defective airbags.

In the most disastrous of scenarios, this airbag issue could lead to a wrongful death lawsuit. If a Wrongful Death Attorney could prove that the malfunctioning airbag caused or contributed to someone's death, then Hyundai would have serious legal and public relations problems.

Yet at the crux of this recall, this is another example of products liability. As a Fort Lauderdale Car Accident Lawyer, I see the situation in which Hyundai could potentially be found liable, depending of course on each jurisdiction's product liability laws. Thus, these two sensor/airbag issues could result in personal injury lawsuits against Hyundai. One of the issues in this hypothetical scenario is to what degree the defective product caused someone to suffer harm in terms of damage to their car, body, or even psychological state of mind.

I sincerely hope that the word about this recall spreads rapidly so that Hyundai Elantra owners can take the necessary actions to prevent themselves from being harmed. As a Fort Lauderdale Car Accident Attorney with 30 years of experience in this field, I urge owners of the recalled vehicles to contact Hyundai at 1-800-633-5151 or the National Highway Traffic Safety Administration at 1-888-327-4236.

In order for the air bag to function appropriately it must be able to be fully deployed before the occupant meets it under crash circumstances, and prevent the occupant from striking the interior of the vehicle.

In fact, the most significant factor in confirmed deaths of occupants has been their too close relationship in seating to the air bag during deployment. Under Florida law, in order to bring a claim for the products failure, the injured party or their legal representative must prove that the product failed the consumer's expectations test; and generally speaking, consumers do not expect to be severely injured by an air bag if they are sitting where the vehicle's design permitted.

Vehicles that have been known to cause injury due to proximity of the seat to the air bag are particularly evident in vehicles where the front passenger seat can easily move forward to allow easier access to the back seat, such as in certain two-door model vehicles. The lack of use of dual stage air bags, the lack of use of pre-tensioning in the seat belts, and the use of seat position sensors to reduce the risk of severe injury to persons seated in the near full forward adjustment position on the seat track. The industry should be aware of the risks. Federal Standard 208 requires the air bag to prevent head and brain injuries; and the Federal Motor Vehicle Safety Standards Occupant Crash Protection now requires testing of female dummies in the full forward seating position. In order to prove these very serous claims it is necessary to retain the right experts from the various disciplines involved in the design and manufacture of these vehicles and these safety systems and investigate the true cause of any alleged defects or neglect.

Continue reading "How Do Seatbelts Need To Work In Harmony With Airbags In Fort Lauderdale Car Crashes - Part II" »

Well designed air bars can deploy at speeds in excess of 200 miles per hour. It must also inflate within 25 milliseconds. The concern is over the air bag striking the occupants prior or while they are in the process of full deployment. A typical injury occurring from an air bag deployment occurs when there is an interaction between the vehicle occupant and the air bag before it is fully deployed. There must be a harmony between the position of the passenger, the seat track, the air bag and the seat belt system to prevent the occupant from coming within the deployment zone. Modern pre-tensioned lap and shoulder seat belts are designed to prevent the occupant from entering into the area of air bag deployment. Serious injury and death can result if the timing is off.

Seat belts are not only part of the prevention, but they can be the cause of additional injury, if they allow the occupant to travel too far forward into the path of a deploying air bag. The pre-tensioning device within a seatbelt system is designed to pull up the slack and avoid the dangerous forward movement of the body into the path of the deploying air bag. Passengers, as well as drivers should be conscious not to adjust their seating too close to the airbag which is common in most cases where the user was severely injured or killed. To be contiued...

Continue reading "Weston - Fort Lauderdale Injury Lawyer Discusses The Dynamics of Defective, Injurious Vehicular Air-Bags - Part I" »