Recently in Car Accidents Category

January 11, 2012

Brain Damaged Victim In Accident With Broward County Sheriff's Officer To Finally Receive Compensation


A recent article appearing in the Sun Sentinel outlines the near fourteen (14) year battle for Eric Brody and his family to finally receive a portion of the damages he was awarded for having suffered severe injuries as a result of an automobile accident with a Broward Sheriff 's officer. The Broward deputy was speeding and collided with the car that Eric Brody was in. While the jury awarded $30.7 million, Florida Statute Section 768.28 (The Sovereign Immunity Statute) limited the amount that the Sheriff's Office (or its insurers) were obligated, to pay to the amount of $100,00 per claimant at the time of the incident, without necessitating the need to appeal to the Florida's Legislature for a "Claim's Bill" to receive anything above $100,000 of the award.

The article in the Fort Lauderdale Sun Sentinel states that "Florida law, however protects government agencies from paying damages in excess of $200,00 (which is the current limitation amount), but what the article neglects to point out is that if the Broward Sheriff's office had obtained liability insurance for the incident (which they apparently had in effect at the time), this legislation was protecting an insurance company (or possibly several of them) and not the Broward Sheriff's Office or the interests of Broward County and Florida citizens. While the law has been recently amended to increase the governmental entity's obligation to each claimant from $100,000-$200,000, without the need of obtaining a "Claim's Bill", the law is still seriously antiquated and continues to protect the interests of the insurance industry over the needs of victims or the residents of Broward County, and Florida.

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January 11, 2012

Deployment Related PTSD Could Affect Weston, Florida Drivers


A recent article published in the New York Times entitled "Back From War, Fear And Danger Fill Driver's Seat" has brought to our attention another sad aspect of how the affects of deployment can have a profound impact upon; not only soldiers and their families but upon each of our everyday lives and upon us on our highways and street ways -- even in Weston, Florida. The article relates to a story of how a reservist was avoiding a cramped parking lot without obvious escape routes; straddling the middle line as if bombs might be buried in the curbs; and how her own SUV reminded her of the unarmored vehicle she rode in Baghdad during a record year of American fatalities in Iraq. Apparently, there is an increasing number of incidents of erratic driving by returning soldiers which is being identified as a symptom of P.T.S.D. (which stands for post traumatic stress disorder). The article claims there is reason for concern over a higher accident rate among veterans.

Recently in a review of the driving records for thousands of soldiers studying before and after they returned from deployment by USAA, an insurance carrier (who exclusively writes policies for veterans or their family members), has noticed a 13% increase in auto accidents after a soldier's return from deployment. In fact, the article reports that U.S. Army statistics show that 48 soldiers died in car accidents last year; the highest total in three years. Studies conducted by the Department of Veterans Affairs have been focusing on the potential between dangerously aggressive or overly defensive driving and deployment. Unfortunately, there is no accepted treatment for driving related PTSD and related driving problems-"it's a new phenomenon".

Continue reading "Deployment Related PTSD Could Affect Weston, Florida Drivers" »

August 11, 2011

Plantation Car Accident Lawyer on the Most Dangerous Cities for Driving


As noted in a recent CNBC report, Fort Lauderdale, FL was ranked as one of the most dangerous dangerous city for driving in America. Although other cities had a higher total number of fatalities, no city had a higher total fatality rate per 100,000 person population. Obviously this news is quite alarming and troublesome for the residents of the South Florida area. As a Plantation Car Accident Lawyer, I wanted to discuss this report so that people that live in our area are aware of the everyday driving danger. Hopefully if people are aware of how statistically dangerous it is out there, they will exercise more caution while driving in the future.

According to the report, which you can also find at the Sun-Sentinel, the total fatality rate per 100,000 person population for Fort Lauderdale, FL is 22.39. Additionally, throughout the year there were 41 total fatalities, and 24.4% of those fatalities were pedestrians. From the perspective of a Plantation Accident Attorney, these numbers are simply way too high. People simply must be more careful when they are driving. This includes among many other things, staying alert, keeping a safe distance from the car in front of you, and not texting while driving.

It is also worth mentioning that Orlando, FL was number two on the list and in total, four cities in Florida made the list. As a Plantation Car Accident Attorney, my hope is that people see this report and become concerned enough about what is going on out there to drive in an almost overly cautious manner. People also need to be more aware of pedestrians on the sidewalk or in the crosswalk while driving in order to seriously reduce the number of pedestrian fatalities. All in all, hopefully the residents of Fort Lauderdale and the surrounding area can begin to drive more carefully and make driving safer for everyone.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Plantation, FL car accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

July 11, 2011

Weston Car Accident Lawyer on the Kia Sephia Lawsuit Result


It was recently announced that the family of a teenager who was killed in a car accident was awarded $40 million as a result of their lawsuit against Kia Motors. The family filed a wrongful death lawsuit against Kia, claiming that the seat belts in the teenage girl's Kia Sephia were defective and should have been recalled. The young girl was killed in 2004. As a Weston Car Accident Lawyer, a case like this is very tough to read about, especially when the company allegedly could have avoided this awful situation by initiating a recall. Recalling the seat belts could have potentially saved this teenage girl's life.

According to the wrongful death lawsuit filed by the family, Kia had already issued recalls for several seat belts in various Kia models such as the 1995 to 1998 Kia Sephia and Kia Sportage. However, they did not recall the 1999 Kia Sephia model that this girl was driving. The issue with the seat belts was that the latching system was defective, meaning the person in the seat thought they were safely buckled, when in reality, they might not have been. This, in combination with federal inquiries, led Kia to recall 189,000 vehicles in 2002, but still not the 1999 Kia Sephia. As a Weston Car Accident Attorney, these details are disturbing since it appears that Kia had ample opportunity to rectify the situation before this disaster had occurred.

Finally, in 2004 Kia was asked to submit the seat buckles for testing, which it never did. One month after the teenage girl was killed in the car accident, Kia recalled an additional 251,000 cars, including the 1999 Kia Sephia. From the perspective of a Weston Accident Lawyer, the details of this case seem to speak volumes. This large corporation with ample financial resources had years to prevent something like this from occurring, yet it was uncooperative. This is truly a sad story, yet unfortunately in the world of personal injury lawsuits, it is still somewhat common.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Weston, FL car accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

June 29, 2011

Fort Lauerdale Accident Lawyer Discusses the Boca Raton Toyota Keyless Ignition Lawsuit


Earlier this month, the family of a woman from Boca Raton filed a wrongful death lawsuit against Toyota. The woman died from carbon monoxide poisoning and the lawsuit alleges that the wrongful death stems from problems with Toyota's keyless ignition. The lawsuit claims that after the woman's Lexus failed to shut off in the garage, carbon monoxide gas entered her townhome through the ventilation system, allegedly leading to her death and to her boyfriend suffering serious injuries. As a Fort Lauderdale Wrongful Death Lawyer, I feel that it is important to note that the plaintiffs are also suing the woman's apartment complex over the aforementioned ventilation system.

The lawsuit is alleging that the car should have some monitor to detect when someone has failed to shut off the car via the keyless ignition. As a Fort Lauderdale Injury Attorney, I am very curious to see how this case will be resolved. If Toyota is found liable, this could be one of the first of many lawsuits related to keyless ignition systems. It will also be interesting to see if car companies respond with a monitoring system that would shut off keyless ignition vehicles that are left running for an extended period of time.

I know that another lawsuit of this nature was filed in November 2010. The woman in that lawsuit is also suing Toyota after suffering brain damage. As a Fort Lauderdale Accident Lawyer, it will be interesting to see how the two courts in two different states rule in these two cases. As I mentioned, these two cases could set the precedent for many cases to come as more and more cars transition to a keyless ignition system.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Fort Lauderdale wrongful deaths. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

June 8, 2011

Weston Car Accident Lawyer Discusses the Toyota Prius Recall


Yesterday, Toyota announced yet another recall; this time the company is recalling certain Toyota Prius vehicles. Toyota is recalling the vehicles because of problems with the electronic power steering. About 52,000 cars will be recalled in the United States and over 100,000 worldwide. As a Weston Car Accident Lawyer it is good to see Toyota being proactive with its newest product defects. Luckily, as of now it seems that there has been only one minor accident because of the power steering problem, but it has not been confirmed yet.

The recall affects Toyota Prius models from 2001 through 2003. As a Weston Personal Injury Attorney, I can only hope that the news of this recall reaches vehicle owners before they experience any serious malfunctioning. As we all know, a vehicle is an extremely dangerous instrumentality, and much more so when it is not functioning as originally intended.

On a related topic, it has been widely reported that Toyota will face several car accident lawsuits and personal injury lawsuits going forward. These lawsuits stem from the other major Toyota recalls, such as the sudden acceleration issues. As I mentioned, as a Weston Car Accident Attorney it is reassuring that this recall seems to be much less catastrophic than the previous Toyota recalls. It will be very fortunate if all of the affected vehicles from this recall can be repaired without any further incidents.

The Schulman Law Group is a personal injury law firm located in Weston, FL that is committed to representing personal injury victims, including victims of Weston car accidents. Please visit our website at www.schulaw.com. For a free consultation, please call us at (877) LAW-0444 or email us.

April 28, 2011

Plantation Car Accident Attorney Discusses Nissan SUV Recall


Just a few days ago, Nissan announced a recall of almost 196,000 Nissan and Infiniti SUVs. Nissan initiated the recall because of potential corrosion in the vehicles that could cause the steering and suspension to malfunction. As a Plantation Car Accident Attorney, I wanted to discuss this recall, given the prevalence of these vehicles on the road. The recall affects the 1997 to 2003 Nissan Pathfinder and the 1996 to 2004 Infiniti QX4. The consensus seems to be that this corrosion is only an issue in cold-weather states, since road-salts that are used to clear away snow seem to be part of the problem.

You can read Nissan's recall letter to the National Highway Traffic Safety Administration here, which details the reasons for the recall. As of now, there do not seem to be any reports of injuries, which is very good news. Hopefully the recall will prompt owners to have there vehicles checked out to avoid any potential for a car accident injury. As a Plantation Personal Injury Attorney, I would like to see this issue fixed and resolved as quickly as possible to minimize any risk for injury.

For those who feel they may be affected, the Nissan Pathfinder and Infiniti QX4 recall is mostly taking place in Connecticut, Delaware, Iowa, Illinois, Indiana, Massachusetts, Maine, Maryland, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Washington D.C., West Virginia and Wisconsin. According to this Wall Street Journal Nissan SUV Recall article, continuing to use a vehicle that is corroding, "could lead to the strut housing coming in contact with the steering column and causing it to break. The resulting loss of steering control increases the risk of a crash." From a Plantation Car Accident Lawyer's perspective, that highlights the importance of the recall, because it alerts owners of a potentially serious issue that they might not have been aware of until it was too late.

In total, approximately 163,000 Nissan Pathfinders are being recalled in addition to roughly 33,000 Infiniti QX4 SUVs. As a Plantation Personal Injury Lawyer, these high volume recalls are always alarming, but hopefully this one can be resolved without anyone suffering injuries. Furthermore, the benefit of this situation is that this issue will likely result in safer vehicles for Nissan and Infiniti SUV drivers.

April 15, 2011

Pembroke Pines Car Accident Attorney on the Ford F-150 Air Bag Recall


Earlier today, Ford Motor Company announced that it is expanding a recall of Ford F-150 pickup trucks. According to reports, Ford was initially opposed to the idea of expanding the recall from 144,000 trucks to the current total of approximately 1.2 million F-150s. Ford is recalling the trucks because of "unintended air bag deployments", which can result from an electrical short circuit. The recall affects 2004-2006 Ford F-150 models. As a Pembroke Pines Car Accident Attorney, I have seen the injuries that people suffer from a malfunctioning airbag, and oftentimes those injuries are very severe, which is why I wanted to make note of this recall.

According to media coverage of the Ford F-150 recall, there have been up to 66 reports of injuries, including cuts, broken teeth, and even burns. Furthermore, two people reportedly told federal regulators that they were knocked unconscious because of the air bag impact. From a Pembroke Pines Car Accident Lawyer's perspective, it is deeply disturbing to hear about these injuries and I sympathize with the victims who have been physically hurt by the unexpected air bag deployments.

Whether or not Ford will face a product liability lawsuit depends on the severity of the injuries suffered. As a Pembroke Pines Personal Injury Attorney, I see how the airbag can directly cause injuries, but in terms of bringing a claim against Ford, it would depend on how seriously injured someone is because of the "unintended air bag deployment." In other words, if someone were to bring a personal injury lawsuit against Ford, it would depend on the totality of their damages. The damages can include, but aren't limited to, physical, financial, or emotional suffering.

According to the NHTSA report on the Ford F-150 Recall, dealers will remedy the issue for truck owners, as long as they bring the vehicle in to the dealership for service. This recall is a big deal, because of the total volume of F-150s on the road. In 2010 alone, there were approximately 528,000 F-150s sold. Thus, this recall will affect a large number of people, which unfortunately means that a lot of people are at risk for personal injury. That is why it is essential to contact your dealer if you own a 2004, 2005, or 2006 Ford F-150 to ensure that the air bag issue is fixed.

April 5, 2011

Pembroke Pines Car Accident Lawyer on the First Toyota Recall Lawsuit


This past Friday, a federal jury in New York ruled that Toyota was not responsible for Dr. Amir Sitafalwalla's car accident. The trial is big news because it is first of many regarding Toyota's vehicles that were recalled for sudden acceleration. The jury was convinced that the driver caused the accident, not the defective floor mat. The driver's personal injury lawyer sought compensation based largely on claims of electronic defects. However, the judge ruled out any evidence concerning electronic issues, which was a big win for Toyota. As a Pembroke Pines Personal Injury Attorney, I will give my thoughts on the verdict below.

That ruling about the evidence is probably in part because the National Highway Traffic Safety Administration previously reported that no electronic defects caused the sudden acceleration. Instead, the NHTSA ruled that the floor mats and sticky gas pedals were the most likely cause of the four deaths and at least 52 other car accidents. As a Pembroke Pines Car Accident Lawyer, it seems that Toyota was able to convince the jury to rule in its favor because of substantial testing and video evidence demonstrating how the floor mat was not a factor in the car accident. The jury needed less than an hour to rule in favor of Toyota, a somewhat surprising result to some people who were covering the car accident lawsuit.

Yet, this is just a small victory for Toyota, since the company is facing hundreds of lawsuits for car accidents that allegedly resulted from defective floor mats or sticky gas pedal issues. From a Pembroke Pines Car Accident Attorney's perspective, the key in many of these cases will be to what degree the driver caused the accident versus to what degree the defective floor mats and gas pedals are to blame. It is up to each plaintiff's personal injury attorney to present the evidence in the appropriate manner to demonstrate this point.

The other car accident lawsuits are also seeking compensation for such damages as economic loss and personal injury. This is the just the first case of a many more to come in the Toyota recall lawsuit process and it will be very interesting to see how each case plays out.

March 26, 2011

Fort Lauderdale Car Accident Lawyer Examines the Hyundai Elantra Recall


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.

March 22, 2011

Plantation Wrongful Death Attorney Recaps $3 Million Maryland Pedestrian Accident Award


Earlier this month, a jury in Maryland awarded $3.3 million to the family of Kelay Smith as a result of a wrongful death lawsuit. The lawsuit was against the State of Maryland for not having a sidewalk along a stretch of the road where other pedestrians had been struck by cars and died in the past. What makes this case even more tragic is the fact that Smith was five months pregnant at the time of the accident. She and her unborn child died shortly after at a hospital near where she was hit. As a Plantation Wrongful Death Attorney, this case truly breaks my heart and I feel so bad for this woman's family. The pedestrian accident lawsuit reportedly resulted in an award of $2.5 million to Smith's daughter, who was 2 years old at the time of the accident, and an additional $800,000 to Smith's mother.

As a Plantation Wrongful Death Attorney, I agree with most of the allegations in this case. The wrongful death lawsuit also alleged that Smith's death could have been avoided if there was a sidewalk to prevent pedestrian accidents.

This particular pedestrian accident was at least the fourth fatality on that same portion of the road in 2008 alone. It seems readily apparent that the government should have made the necessary safety improvements, given the likelihood that these pedestrian accidents would keep occurring. Unfortunately, in Florida there are some very specific and archaic limitations that could prevent a similar outcome. These limitations may prevent a Florida court from finding that a Florida municipality would have had a duty to install a sidewalk or guard rails or some combination of safety measures for pedestrians. Instead, the court would impose a duty to properly maintain them, only if those measures were installed and in disrepair.

Therefore, in Florida, personal injury lawsuits against the government can be very tricky to navigate. As a result of the previous pedestrian deaths, it would have been reasonable to expect additional accidents or deaths. Unfortunately, unlike in Maryland, the State of Florida may not have been liable under the same allegations even though the government should have foreseen this hazard and made the necessary improvements to protect its people.

March 4, 2011

Plantation Products Liability Lawyer Discusses Ford Ranger Recall


Ford is announcing a recall "to fix possible problems with fuel-systems or electrical components" that could potentially result in car fires. The potential fires would result from fuel leaks or electrical short-circuiting. One model affected is the 2010 Ford Ranger. Ford will recall 23,000 of the 2010 Rangers. In total, this specific recall affects 25,000 Ranger pickup trucks from the 2010 model year, including 2,000 recalls in Canada. These defective vehicles will be fixed by local dealers at no charge to the owners.

Ford is also issuing a recall for several other models for about 8,000 vehicles in the United States. The products liability issue with these cars is also the possibility of short circuits causing fires. If one of the cars were to catch on fire as a direct result of the malfunctioning parts, then Ford would be liable for any victims' damages. As a Plantation Injury Attorney the potential for catastrophic injuries is very alarming, which is why this issue requires immediate attention.

Fortunately, Ford says it hasn't received any complaints of people suffering injuries from these problems. As a Products Liability Attorney in Plantation, I know that a vehicle short-circuiting could result in a horrible car accident injury, which is why it is so fortunate that Ford is fixing this problem prior to anybody getting hurt. From a legal standpoint, you never know when an issue could spiral out of control and cause serious damages, which is why it is always best to limit your exposure and your liability.

As a Plantation products liability lawyer who has seen defective products lead to serious injuries, I applaud Ford for issuing this recall in such a timely manner. This a very sound and socially responsible business decision by Ford to minimize the chance of anybody suffering injuries. All in all, getting the word out early like this is both a good legal and a good business move.

February 24, 2011

Plantation Car Accident Lawyer Discusses Supreme Court Ruling


Yesterday The Supreme Court deviated from a previous case and ruled that the nation's automakers can be sued for failing to install the most effective safety equipment in the cars that they sell. The ruling stems from a lawsuit brought by Delbert Williamson against Mazda Motors because his family's 1993 minivan did not have a lap and shoulder belt in a middle rear seat. His wife, Thanh Williamson, was sitting in the middle rear seat, equipped with only a lap seat belt belt when the car was struck head-on. Sadly, she died in the accident.

Mr. Williamson is alleging that his wife's wrongful death is the result of Mazda's failure to install a more effective safety device (lap and shoulder seat belt) in the minivan. This ruling allows Mr. Williamson to move forward with his California lawsuit, but in order to win, his lawyer will need to prove that his wife's wrongful death was the result of Mazda's negligence and that failing to exceed the minimum federal safety standards is a cause of action. Throughout my thirty years as a Plantation car accident lawyer, I have represented numerous wrongful death victims, and I have always taken great pride in seeking justice for the wronged.

The lone bright spot in a case such as this one is the prospect that products liability lawsuits can lead to safer products for consumers in the marketplace. Defective products can oftentimes lead to safety regulation improvements and improved products for all. As a Plantation car accident lawyer, I wholeheartedly support this ruling, because it should force manufacturers to exceed the minimum safety standards. I truly hope that this ruling is the first in a new wave of many that increase consumer protection.

February 18, 2011

Weston - Fort Lauderdale Texting While Driving Accidents!


The Broward Country Sheriff's Office is launching their campaign against texting and driving at the same time. The central advertisement for the movement simply reads, "TXT=RIP." As a South Florida resident for over three decades, and as a Weston Car Accident Lawyer, I whole heartedly support this movement, which will protect our families and save thousands of lives.

The statistics concerning texting while driving are simply staggering. "Six-thousand people died last year as a result of distracted driving. Over 400,000 people were injured," said Broward Sherriff, Al Lamberti, who was citing statistics from the National Transportation Highway Traffic Safety Administration. "Texting while driving is equivalent to trying to drive a car after you've had four drinks of alcohol." That last statement is incredibly powerful and really puts texting while driving into perspective.

 

As a personal injury lawyer and as a parent, I am vehemently opposed to texting and driving. Unfortunately, I hear all too often about cases where people are in car accidents because of texting while driving. As a Weston Car Accident Attorney, I am always terrified when I see teenagers and adults texting while driving throughout Weston. Hopefully the texting while driving campaign will eliminate these dangerous situations.

Texting while driving can oftentimes lead to serious and catastrophic injuries. Drivers become incredibly distracted while texting, which makes a car accident an unfortunate, yet probable outcome. As a Weston Car Accident Lawyer, I have dealt with victims for over thirty years, and I can promise you that you do not want to be the person on the other side of the table who has to live with the guilt of having caused a car accident and harming an innocent person.

Especially in residential neighborhoods in areas like Weston, Plantation and Sunrise, a distracted driver could hit someone who is walking down the street or just riding their bike. Bike accidents as a result of texting while driving are a common occurrence, because the driver is too distracted to focus. As the cited statistics prove, texting while driving causes car accidents, injuries, and in some cases, death. I sincerely hope that this campaign is effective with regards to stopping people from texting while driving in their cars.

February 14, 2011

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


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" »