Product Liability Law Blog

By Jim Gilbert and Rick Friedman

(Jim Gilbert and Rick Friedman are long-time friends and fellow members of the Inner Circle of Advocates, a select group comprised of 100 of the most elite plaintiffs' attorneys in the nation. Jim conducts a nationwide products liability and personal injury practice from Arvada, Colorado (http://www.thegilbertlawgroup.com), while Rick conducts a nationwide trial practice from offices in Anchorage, Alaska and Seattle, Washington (http://www.friedmanrubin.com). This article was jointly written by Jim and Rick after several conversations during which they compared notes on auto safety and experiences with accident claims.)

If you are ever injured or die in an accident, it will most likely occur while you are in a car. Yet most Americans know surprisingly little about what makes a car safe, what to look for when shopping for a car, and what to do to protect their rights if they are in an auto accident.

Legal obligations of vehicle manufacturers
· A manufacturer must sell vehicles that provide reasonable protection to occupants in most kinds of accidents.
· Federal law requires that all motor vehicles sold in the U.S. comply with specified crashworthiness and other safety standards.
· Federal safety standards are minimum standards and may not protect you in an accident.
· A manufacturer is civilly responsible for injuries caused by an uncrashworthy vehicle, whether or not the vehicle complies with federal safety standards.
· You may have a legitimate claim for damages against the manufacturer of a defective and unreasonably dangerous vehicle, even though you or others believe you were "at fault" in the accident; after all, manufacturers know when they design a vehicle that accidents will happen and that their vehicles must be reasonably crashworthy.

What to look for when buying a car
Available safety features (some are standard and some are costly options; your budget will determine your selection):
· Adaptive headlights: motors drive headlights to follow the path of the vehicle.
· Backup monitors: cameras or sensors allow driver to see and/or be warned of persons or objects when backing or parking.
· Blind spot detection: cameras and/or sound devices allow driver to see/be aware of vehicles in the blind spot.
· Bluetooth connectivity: allows hands-free cell phone use.
· Collision mitigation braking: radar or laser-activated application of brakes when sensing an imminent crash.
· Electronic stability control: computer reduces engine speed and/or provides wheel-selective braking when detecting a skid.
· Event data recorders: computer constantly monitors speed, braking etc. and preserves the info for a specific time period, usually about 30 seconds.
· Head-up display: projects vehicle monitors (speed, GPS, etc.) onto the windshield so the driver doesn't have to look downward.
· Head restraint upgrades: intended to reduce whiplash in rear-end collisions.
· Lane departure warning systems: warns driver who strays from lane.
· Night vision assist: near-infrared lights or thermographic cameras permit longer-ranged vision at night and provide higher performance in rain and snow.
· Pre-crash occupant positioning: removes slack from seatbelts and applies brakes in an imminent frontal type collision.
· Rollover sensors: deploy side airbags and activate pretensioners in an imminent rollover through a computer monitoring system.
· Seat belt energy management systems: allow controlled belt yielding in a crash, mitigating force on the occupant's chest.
· Sensitive airbag systems: sense the difference in size and weight of the occupants and deploy the air bags accordingly, thus reducing airbag injuries.
· Side door beams: reduce door intrusion into the passenger compartment in side-impact crashes.
· Side-curtain air bags: side airbags (curtains) deploy in certain types of collisions, providing enhanced head and upper-torso protection.
· Tire pressure monitoring: warns the driver of reduced air pressure in all tires.
· Collapsible pedals: pedals pivot away from the passenger cabin in a crash, thus mitigating foot and lower leg injuries.
· Seat belt pretensioner: tightens seatbelt to a specified load level when sensing a crash.

Good sources of safety information
· National Highway Safety Traffic Administration (NHTSA)
· Insurance Institute for Highway Safety (IIHS)
· Consumer Reports

NHTSA 5-star vehicle rating system
The NHTSA 5-Star Safety Ratings System evaluates the safety of passenger cars, SUVs, vans and pickup trucks in three broad areas - frontal crash, side crash, and rollover resistance. For model year 2011, NHTSA will rate 24 passenger cars, 20 sport utility vehicles, two vans and nine pickups under the new ratings system. Overall star rating will be shown on the window sticker beginning with model year 2011.
· Frontal impact Vehicle with crash test dummies in front seats is crashed into a fixed barrier at 35 mph, which is equivalent to a head-on collision between two similar vehicles of substantially the same weight each moving at 35 mph.
· Side barrier crash Standing vehicle with belted dummy in front and rear is hit in the side by a moving 3015 pound barrier to simulate an intersection crash.
· Side pole crash Vehicle angled at 75° with belted smaller dummy representing an adult female in driver's seat, is pulled sideways at 20 mph into a 25-cm diameter pole at the driver's seating position, representing a side-impact crash involving a narrow, fixed object like a utility pole or tree.
· Rollover testing An at -rest laboratory measurement that determines how "top-heavy" a vehicle is, coupled with a severe turning maneuver on a test track that tests whether a vehicle is vulnerable to tipping up on the road.

NOTE: Despite the fact that rear collisions are frequent and can cause death or severe injuries, at present there is no crash test to simulate a rear collision, due to NHTSA's limited budget
In each test using crash test dummies, the dummies have sensors positioned at various locations to measure the amount of force that would be exerted on the human body. Each vehicle tested (not all vehicles are tested each year) is given a one-star to five-star rating, with five stars being the highest. Beginning with 2011 models, an overall 5-star rating is also used. See your vehicle's ratings here.

NHTSA announced in October 2011 the lineup of model year 2012 passenger vehicles that will be tested as part of its 5-star safety ratings program. The program's crash tests will provide consumer safety information on approximately 81 percent of model year 2012 passenger vehicles sold in the United States, while rollover tests will provide information on 92 percent of the 2012 fleet.

Significance of number of stars in NHTSA's 5-star rating program
· Frontal crash
§ 5 stars = 10% or less chance of serious injury to the head or chest
§ 4 stars = 11 to 20% chance of serious injury to the head or chest
§ 3 stars = 21 to 35% chance of serious injury to the head or chest
§ 2 stars = 36 to 45% chance of serious injury to the head or chest
§ 1 star = 46% or greater chance of serious injury to the head or chest

· Side crash (incorporated with pole crash test)
§ 5 stars = 5% or less chance of serious injury
§ 4 stars = 6% to 10% chance of serious injury
§ 3 stars = 11% to 20% chance of serious injury
§ 2 stars = 21% to 25% chance of serious injury
§ 1 star = 26% or greater chance of serious injury

· Rollover (rate is expressed as a percentage of all single vehicle accidents)
§ 5 stars = rollover rate of 10% or less
§ 4 stars = rollover rate of between 10 and 19%
§ 3 stars = rollover rate of between 20 and 29%
§ 2 stars = rollover rate of between 30 and 39%
§ 1 star = rollover rate greater than 40%

What to avoid
· Vehicles that do poorly on NHTSA, IIHS or Consumer Reports testing, evaluations or ratings.
· NHTSA recommends considering vehicles with crash avoidance technologies that meet the 5-Star Safety Ratings minimum performance tests, such as forward collision warning (FCW), lane departure warning (LDW), and electronic stability control (ESC). All of the 2011 model year vehicles currently rated have ESC as standard, except for the Nissan Versa, in which it is optional.
· Vehicles that have a poor safety record in the real world (see the above websites).

Children and vehicle safety
· Every state has its own laws regarding child restraint regulations.
· You should carefully follow the recommendations of your car seat manufacturer.

NHTSA recommends as follows:
· Birth to12 months: always in an approved, rear-facing seat
· 1 to 3 years: keep in rear facing seat as long as possible until the child reaches the height or weight limits prescribed by the seat manufacturer, then in a forward-facing seat with a harness.
· 4 to 7 years: keep in a forward-facing seat with harness until the child reaches the height or weight limits prescribed by the seat manufacturer, then in a booster seat in the vehicle's back seat.
· 8 to 12 years: keep child in a booster seat until he or she is big enough to fit in a seat belt properly; the lap belt must lie snugly across the upper thighs, not the stomach; the shoulder belt should lie snug across the shoulder and chest and not cross the neck or face; your child should still ride in the back seat because it's safer there.
· Certified technicians will inspect and verify your car seat installation (free of charge in most places); click here to find the inspection station nearest you.
· Utilize NHTSA's 5-star ease of use rating system here.

Pregnant women and belt usage
· Many pregnant women rationally but wrongly believe that the lap belt part of the restraint system may damage the fetus in a forward-type collision; consequently, many pregnant women do not wear the belt at all (about 62% of the time), or wear it improperly, such as over the shoulder only or behind the back.
· Medical experts and vehicle safety groups have sponsored studies that conclude that a properly worn shoulder and lap belt clearly protects the fetus and would prevent about 85% of disabling injuries to or death of a fetus in motor vehicle crashes.

Tires and safety
· Tire wear depends on many factors, including driving style, vehicle load, air pressure (under inflation is worse), unbalanced tires, type of terrain, failure to balance and rotate tires regularly, worn shocks or struts, suspension misalignment, climatic conditions including ambient temperature, and damage caused by road hazards.
· With age, tire components dry out, hastened by oxidation, causing the adhesion between the tire components (layers) to wear out, leading to possible tread separation, often with catastrophic results.
· Experts, including some vehicle manufacturers, say that a tire should not be kept in service and may become dangerous after six years.
· Replacing and mounting tires:
§ Replace all four tires at the same time if possible.
§ When replacing only two tires, always have the new tires mounted on the rear axle, regardless of which wheels are the drive wheels.
§ If only one tire is replaced, pair it with the tire with the best tread and mount them on the rear axle.
§ Surprisingly, some tire dealers, especially smaller ones, are not aware of these safe mounting practices, so you must insist that they mount the tires as above.

What to do if you are in a car crash
· Remain at the scene and seek medical help as required.
· Notify police authorities.
· Exchange insurance and identifying information with other driver(s).
· Notify your insurance company as required by your policy.
· Preserve evidence by:
§ Taking photos of vehicles and accident scene;
§ Storing and maintaining your vehicle in its post-accident condition (further damage, loss of parts, tampering, etc. may adversely affect any future lawsuit);
§ If you are injured, seeking an experienced, qualified attorney's advice to protect your legal rights (there are variable state time limits for filing a lawsuit, so you should act promptly).

Do you have brain injury?
· Brain injuries may be "invisible" and the injured person may not immediately be aware of the injury.
· Brain injury can result even from low-impact crashes.
· Brain injury symptoms may be mild, such as fatigue, headache, poor attention or concentration, loss of balance, mood changes and the like.
· Severe symptoms may include any of the above and cognitive deficits, speech and language problems; sensory, perceptual, hearing, vision, smell and taste problems; seizures, paralysis, spasticity, personality changes and many others.
· If you or those around you notice any of the above symptoms following a car collision, tell your doctors.

Dealing with insurance companies
· You have an obligation to cooperate with your own insurance company, though they may eventually become your adversary.
· Keep in mind that your insurance company is in business to make money; every dollar paid out in claims reduces their bottom line.
· Contact your insurance company as soon as you get home from the accident. Most policies require a signed proof of loss within a certain time limit.
· Don't give a recorded or written statement to your insurance company until you review your policy and understand your coverage. If you have doubts, contact an attorney.
· Don't withhold information when you give your statement to your insurer. It's likely they will conduct their own investigation, and if it's found that you lied or left out important details it could affect the coverage you are entitled to or even invalidate your policy.
· Whenever you speak with your insurance company, take detailed notes, like:
· Name of person you spoke with.
· Their job title or position at the insurance company.
· Accident details you provided.
· What they said to you.

Keeping track of expenses and lost income related to your claim
· Missed time from work.
· Property damage to vehicle or contents
· Cost of alternative transportation
· Medical Bills
· Mileage to doctor and therapy appointments
· Services performed by family members or others on your behalf.

Contacting an Attorney
While it is possible to negotiate and settle your personal injury claim without involving an attorney, it is dangerous to do so. Remember that insurance companies are trying to offer you the very least amount of compensation they can get away with. Even if you are facing financial difficulties resulting from your car accident and feel pressured to accept a premature, inadequate settlement, do not sign any releases or waivers without first talking to an experience personal injury attorney.

Goodyear Tire & Rubber Co. says it is recalling approximately 41,000 Wrangler Silent Armor tires because it is worried that some of them might tear, causing tread separation and potentially deadly collisions. The tire manufacturer says that six sizes, which were made in 2009, are affected.

Approximately 27,000 of the recalled tires are thought to be in use. They can be found on vans, pickup trucks, SUVs, and for off-road use at construction areas Goodyear says that severe conditions might cause partial tire tread separation, which could result in a car crash and/or vehicle damage. According to the tire maker, two people were killed in a Texas rollover accident last year involving a motor vehicle that used the now-recalled tires.

Tread separation occurs when a tire's tread comes off its body or casing. This can lead to a tire blowout, which can cause a driver to lose control of the vehicle, resulting in a rollover accident and/or a collision with other vehicles. Vehicles with high gravity centers are especially prone to rollover due to tread separation.

Unfortunately, tire blowouts and tread separation have resulted in many injuries and deaths over the years. While there are steps that a motorist can take to prevent both, including regular maintenance, checking tire pressure to make sure that they aren't overinflated or underinflated, and replacing tires when they are worn, it is still up to the manufacturer to make sure that the tires that they put out are free of any defects that could cause them to fail. Common causes of tread separation include manufacture defects and design defects, including poor bonding, inadequate quality control, over aged skim stock, using certain solvents on tire parts, inadequate inspection, and insufficient nylon overlays.

If you or someone you love was injured in a tire defect crash, you should contact an experienced auto products liability law firm right away. While going after a large manufacturer can seem like an intimidating task, with the right tread separation law firm standing by you, you increase your chances of financial recovery.

In December 2010, the Nevada Supreme Court upheld a $32.2 million tire blowout verdict against Goodyear over a Utah 15-passenger van accident that killed three family members in 2004. Ford Motor Co. and Valley View Hitch and Truck Rental Company also settled the wrongful deaths claims filed by surviving relatives.

The year before, a 12-year-old boy was awarded a $12 million auto products liability verdict after he was paralyzed in a 2006 motor vehicle crash in Mexico. Michelin & Cie had manufactured the Goodrich tire that failed, causing the driver of the pickup to collide into a Chevy suburban. All of the people in the SUV, including four kids younger than 14, died. Guzman and others in the pickup sustained injuries. His spinal cord injury has left him paralyzed.

Goodyear Recalls Wrangler Silent Armor Tires, Fox Business/Reuters, February 27, 2012

More Blog Posts:
$32.2M Goodyear Tire Blowout Verdict Upheld by the Nevada Supreme Court in Deadly 2004 Utah 15-Passenger Van Crash--Again, Product Liability Law Blog, January 11, 2012

12-Year-Old Awarded $12 Million Tire Defect Verdict Against Michelin, Product Liability Law Blog, September 29, 2009

Recently Recalled Honda Civic Blamed in Georgia Air Bag Defect Lawsuit, Product Liability Law Blog, December 31, 2011

Continue reading "Goodyear Recalls Approximately 41,000 Wrangler Silent Armor Tires " »

A California 15-passenger van accident lawsuit against Ford Motor Co. is being fought out in civil court. The six plaintiffs are seeking auto products liability compensation over a 2004 van accident.

The vehicle, a Ford Econoline E350,was part of a caravan of church kids and their chaperones when tread separation impacted one of its tires. This caused the van driver Bill Brownell to lose control of the van, which then rolled over several times after he overcorrected. Brownell and passenger Tony Mauro were thrown from the vehicle and died.

Now, the victims that survived the California 15-passenger van accident want Ford to pay. They contend that the automaker knew the van was dangerous but failed to notify customers.

The jury is going to have to assess whether buckled seat belts and a driver tutorial could have saved the lives of Brownell and Mauro, who weren't wearing safety belts at the time. They will also have to decide whether Ford should have told car dealers that the Goodyear tire was prone to separation and had been recalled by the National Highway Traffic Safety Administration in 2008.

The plaintiffs have already reached confidential settlements with the other defendants: Fair Oaks Presbyterian Church, Goodyear Tire & Rubber Co. (over the tire defect), Sears, which sold the tire, and Suburban Ford, which was responsible for servicing the van.

Ford has been the target of hundreds of 15-passenger van lawsuits over its Econoline van. It was just last year that the National Highway Traffic Safety Administration put out another advisory warning that if not properly operated and maintained, this Ford van is at high risk of rolling over and crashing. The government cautioned that the vehicle's tires must be kept properly inflated and look out for signs of wear and tear. The NHTSA also noted that unbalanced or improper loading of the vehicle increases the chances of a rollover crash. The federal safety agency said that only drivers trained to operate a 15-passenger van should drive this one.

15-Passenger Van Accidents
15-passenger vans are more prone to rollover crashes than most other autos. Although the vans are designed to carry 15 passengers and the luggage that can accompany so many occupants, studies show that the more people who get in the vehicle, even without exceeding the passenger limit, the greater the chance that it will roll as the center gravity moves toward the back, dramatically impacting the degree of control the driver is able to have when trying to avoid an accident.

You want to work with an experienced auto products liability law firm that understands the design flaws inherent in 15-passenger vans and knows how to prove they contributed to causing the personal injury or death. Going after a big automaker on your own can be tough, which is why it is important that you retain the services of a 15-passenger van lawyer that has the resources, experience, and ability to protect you and fight for your right to recovery.

Lawsuit continues in fatal crash of big church, Sacramento Bee, October 12, 2011

15-Passenger Van Safety, Public Citizen

NHTSA

More Blog Posts:
$32.2M Goodyear Tire Blowout Verdict Upheld by the Nevada Supreme Court in Deadly 2004 Utah 15-Passenger Van Crash--Again, Product Liability Law Blog, January 10, 2011

15-Passenger Van Lawsuit Filed Against Chrysler and R & J Tire Company Over Woman's Wrongful Death, Product Liability Law Blog, October 27, 2010

California Rollover Lawsuits: Ford Ordered to Pay Paralyzed Musician $18 Million and Jaguar Land Rover Must Pay Former Field Hockey Player $21.1 Million, Product Liability Law Blog, June 18, 2009

Police are saying that the reason the driver of the tour bus taking Indian tourists to Niagara Falls lost control of the vehicle was because a tire blew out. The catastrophic New York bus accident claimed the lives of two women, while injuring the 34 other passengers and the bus driver. Some of the more serious injuries included head wounds, fractures, and internal bleeding.

The bus belongs to Bedore Tours. Although the tour had started in New York City, the bus had left Washington DC and was headed to the falls when the New York tire blowout happened on Interstate 390 about 55 miles from Rochester. The bus flipped over, falling down a wooded median.

According to Dan Ronan of the American Bus Association, the tires on the bus, which is a 2007 model that was last inspected at the end of June, were only 2 months old. State transportation officials say there are no signs that drinking, speeding, driver fatigue, or any other violations by the driver.

Tire Blowouts
As our New York tire defect lawyers have said before, it is so important that tires are free from wear and tear, design defects, or manufacturing flaws that could cause a tire to blow out, experience tread separation, or come off while the vehicle is moving. Tire blowouts can prove deadly, causing the motorist to lose control of the vehicle, collide with another auto, rollover, or careen off the road and on an embankment.

If you or someone you love was injured in a tire blowout accident, you should speak with an experienced auto products liability lawyer right away. If the accident happened because the tire failed—depending on the specifics of what happened and why it happened—you may have reason for filing a tire defect lawsuit against the tire manufacturer or the automaker. You also may have reason to file a personal injury or wrongful death case against a negligent driver and other parties who played a role in the car crash.

Now that we are in the middle of summer, it is more important than ever to make sure that your tires are safe for use. In addition to the fact that more people are on the road, with many of them taking long trips, hot temperatures can cause an already faulty tire to blow out.

Tire blowout eyed in latest fatal tour bus crash, Reuters, July 18, 2011

Tire blowout eyed in fatal NY bus crash, CBS News/AP, July 17, 2011

Related Web Resources:
Safercar.gov

American Bus Association

Bedore Tours

Tire Care and Summer Safety, Weather.com

More Blog Posts:
$32.2M Goodyear Tire Blowout Verdict Upheld by the Nevada Supreme Court in Deadly 2004 Utah 15-Passenger Van Crash—Again, Product Liability Law Blog, January 10, 2011

15-Passenger Van Lawsuit Filed Against Chrysler and R & J Tire Company Over Woman's Wrongful Death, Product Liability Law Blog, October 27, 2010

Defective Tire Lawsuit Can Proceed in Arizona Even if Rollover Accident Occurred in Mexico, Says Court, Product Liability Law Blog, August 15, 2009

Continue reading "New York Tire Blowout: 2 Killed in Tour Bus Crash Carrying Indian Tourists" »

Once again, the Nevada Supreme Court has rejected attempts by Goodyear to overturn a $32.2 million defective tire verdict against it in the wrongful case filed by the surviving family members of three people killed in a 2004 Utah 15-passenger van crash. The plaintiffs have said that the deadly auto accident was caused by a tire blowout that caused the vehicle to overturn on I-70.

Killed in the Utah rollover accident were Andres Torres, Evangelina Tapia, and Frank Enriquez. Seven other people were injured in the collision. Last year, the state's highest court upheld the $32.2 million Nevada wrongful death lawsuit against Goodyear Tire & Rubber Company. Other defendants in the products liability case, Valley View Hitch and Truck Rental and Ford Motor Co., settled their auto products liability lawsuits prior to the civil trial.

Following the judgment, Goodyear then sought to argue that it was not given due process. A district judge had taken away Goodyear's ability to defend itself against the civil complaint after finding that its attorneys took part in stall tactics and acted in bad faith. Without hearing the facts of the case, the jury was told to determine damages. Now, the Nevada Supreme Court is refusing to review its earlier decision to uphold the jury's tire blowout judgment.

Goodyear Defective Tire Lawsuits
Goodyear is also the defendant in other tire tread separation complaints related to its Load Range "E" tires that are used on pickup trucks, sport utility vehicles, and vans. Dozens of defective tire lawsuits have been reportedly filed over these Goodyear tires, which were manufactured between 1991 and 2000. According to ABC News, 15,000 of these tires experienced tread separation between 1991 and 2001 alone. The National Highway Traffic Safety Administration says there were reports of 87 auto crashes involving these tires during this time period, with 50% of the collisions causing at least 158 injuries and 18 deaths.

Tread Separation
Tread separation is a common cause of tire blowouts and rollovers. Vehicles with high gravity centers, such as SUVs, and 15-passenger vans, are at high risk of rolling over in the event that tread separation should cause a driver to lose control of the auto. Tire manufacturing and design defects are two common causes of tread separation.

$30 million verdict: Nevada Supreme Court denies Goodyear's petition for rehearing, LV Legal News, December 31, 2010

Goodyear Tires Draw Lawsuits, No Recall, Good Morning America/ABC News, May 19, 2010

$32 Million Defective Tire Judgment Against Goodyear Upheld, Product Liability Law Blog, July 10, 2010

Related Web Resources:
Goodyear Tires

Tire Defects, SaferCars.gov

National Highway Traffic Safety Administration

According to The Detroit News, manufacturers called back over 19 million vehicles in 600 recall campaigns in 2010—the busiest year for post-production fixes since 2004 when 600 campaigns recalled 30.8 million autos. The National Highway Traffic Safety Administration, which will release its final numbers for the year next month, reported that as of October 25 it had recorded 417 recalls affecting 14.8 million autos. Both the NHTSA and the News placed Toyota at the top of their list of manufacturers with the most recalls. NHTSA's preliminary list reported Toyota having 14 recall campaigns affecting approximately 5.9 million autos, while the News reported nine campaigns involving 4.8 million cars.

The urgency for autos with defects to be recalled immediately kicked into gear in August 2009 when a Toyota sudden acceleration accident involving a Lexus vehicle killed off-duty California Highway Patrol officer Mark Saylor, his wife, daughter, and brother-in-law. The vehicle they were in accelerated out of control when the gas pedal got stuck in the floor mat.

Second on the News' list was General Motors with 21 recall campaigns affecting about 4 million vehicles. Just recently, GM's Cadillac division recalled about 95,927 CTS sports sedans over a problem with its sensing system that could impact airbag deployment. '05, '06, and '07 models are affected. The automaker also recalled over 97,000 Chevrolet Equinoxes, Cadillac SRX's, and GMC Terrain autos, all '11 models, because the safety buckle anchor on the driver and frontal passenger seats may break during a traffic crash. In a smaller recall, GM recalled 1,262 SUV's and trucks, also '11 models, because the vehicles' rear axle cross pins were not made correctly. Vehicles impacted include the Chevrolet Silverado 1500, the Cadillac Escalade, GMC Sierra 1500, and Chevrolet Avalanche 1500.

Auto manufacturers are now under closer scrutiny and must report auto defects within five days of discovering. Our auto products liability law firm hopes that the push to immediately repair safety issues will save lives and prevent serious injuries.

2010 Likely Busiest Year for Auto Recalls in Seven Years, Daily Finance, December 29, 2010

Cadillac Recall: More Safety Gear Can Mean More Recalls, The Wall Street Journal, December 29, 2010

Auto recalls spike in 2010, The Detroit News, December 29, 2010

GM Recall: Cadillac SRX, Chevrolet Equinox And GMC Terrain Models Affected, Star Global Tribune, December 28, 2010

GM recalls 2011 Cadillac, Chevrolet and GMC trucks over axle risks, Torque News, December 28, 2010

Related Web Resources:
Get recall alert notices, Safercar.gov

National Highway Traffic Safety Administration

Auto Recalls, Product Liability Law Blog

Continue reading "More than 19 Million Autos Recalled in 2010 in About 600 Campaigns" »

The family of Jennifer Leanne Walton is suing Chrysler and R & J Tire Company for her wrongful death. Walton, 20, died on October 3, 2010 in a 15-passenger van rollover accident in Georgia. A the time, the Tabernacle of Prayer and Deliverance church van was transporting 19 people to a revival. Police say that a tire blowout caused the driver to lose control of the vehicle, which struck a median before rolling over at least twice. 4 people were killed while the other 15 sustained injuries.

In their auto products liability lawsuit seeking damages for Walton's wrongful death, her family says the defendants failed to warn users about their products and were responsible for the unsafe condition of the van and its tires.

Following this catastrophic traffic crash, and another 15-passenger van accident in New York that killed 6 people last month, the National Highway Traffic Safety Administration reissued its warning to van owners and operators and offered several steps that they can take to keep passengers safe, including:

• Ensuring that the van is properly maintained.
• Only allowing drivers that are fully trained and experienced to drive the van.
• NOT overloading the van
• Using tires that are the correct size for this type of vehicle.
• Making sure the tires are properly inflated anytime you go on a trip.
• Making sure that everyone in the van is using a seat belt.

Because 15-passenger vans have a higher rollover risk than most motor vehicles, critics and safety advocates have long questioned the way these vehicles are designed. Many of them don't have the basic safety vehicles that other cars have to protect passengers during a traffic collision.

Design defects, manufacturing flaws, and auto parts malfunctions can be grounds for an auto products liability lawsuit if they cause personal injuries or wrongful death.

Lawsuit filed in Van Crash, WRLB, October 22, 2010

Consumer Advisory: NHTSA Reissues 15-Passenger Van Safety Caution, NHTSA, October 14, 2010

Update: Nurse describes van crash scene: 'Bodies everywhere', Ledger-Enquirer, October 4, 2010

Six Killed in Crash on New York State Thruway, New York Times, September 18, 2010

Related Web Resources:
Q&As: 15-passenger vans, Insurance Institute for Highway Safety

15 Passenger Vans: Still Dangerous After All These Years, Safety Research, September 21, 2010

The Nevada Supreme Court is upholding the $32.2 million defective tire verdict against Goodyear Tire & Rubber Company in the tire blowout accident that killed three victims and injured seven others. Goodyear had argued that the jury award was excessive. However, the court says that the loss of life and serious injuries justify the amount.

The tragic car accident happened on August 16, 2004 when a tire blew out on a car going from Nevada to Kansas. The vehicle overturned on Interstate 70 close to Moab, Utah. Frank Enriquez, Evangelina Tapia, and Andres Torres died from their injuries and their guardians and relatives sued Goodyear, Ford Motor Company, and Valley View Hitch & Truck Rental for wrongful death. The latter two companies have already settled their cases with the plaintiffs.

Tire Defects
Tire blowouts and tire failure can result in car accidents with catastrophic consequences for those involved. Tire manufacturers know that they must design and make their tires properly because certain flaws can result in tread separation, tire blowouts, single-vehicle crashes, rollover accidents, or multi-vehicle collisions. Installation errors and improper maintenance can also lead to these types of car crashes.

With summer here, our tire defect attorneys want to remind motorists that hotter roads can increase the chances of a tire blowout happening. This can cause injury to the people riding in the vehicle with you, pedestrians, and/or the occupants of other vehicles.

There are steps that you can take to decrease the chances of a tire blowout, including:

• Ensure that your tires are properly inflated
• Slow down when on a highway
• Be gentler than usual with your vehicle when turning corners or on curves
• Replace old or worn out tires
• Watch out for any road debris or defects that can damage your tires

$32 million judgment against Goodyear in fatal crash upheld, Las Vegas Sun, July 2, 2010

Extreme Heat Can Cause Tire Blowouts, Star Tribune, June 27, 2009

Related Web Resources:

Tire Safety Information, NHTSA

Why Tires Fail, AAICar.com

The National Highway Traffic Safety Administration says that car manufacturers recalled 16.4 million vehicles last year. While there were less recall campaigns overall—492 recall campaigns in 2009 compared to 684 campaigns in 2008, automakers recalled 6 million more autos last year.

Toyota led the car manufacturer list with most vehicles recalled. The car manufacturer's reputation for passenger safety took a beating after four people were killed when its floor mat on the driver's side jammed a 2009 Lexus ES 350's gas pedal, causing the vehicle to accelerate to over 100 mph before crashing. Following the fatal car wreck, the Toyota announced a recall involving 4.26 million vehicles—its largest recall ever—to fix acceleration problems. In total, Toyota announced 9 campaigns and recalled 4.87 million autos last year.

Among the other automakers that recalled vehicles in 2009:

• Ford Motor Co.: 8 campaigns that recalled 4.5 million vehicles.
• General Motors Co.: 16 campaigns and 2.2 million autos recalled.
• Honda Motor Co.: 4 campaigns and 454,000 motor vehicles. Honda was the only auto manufacturer to see a drop in the number of vehicles it recalled in 2009 compared to the year before. The car manufacturer recalled 797,000 autos in 2008.
• Chrysler Group LLC: 15 campaigns and 59,000 vehicles.
• Nissan Motor Co.'s Kia Unit: 8 campaigns and 1.3 million autos.
• Volkswagen AG: 8 campaigns and 100,000 recalled autos.

While recalling a vehicle to fix a particular defect is a positive step toward preventing injuries and deaths, car manufacturers should not be designing, making, and selling vehicles that have any type of vehicle defect to begin with. Auto defects are not minor glitches that can be easily fixed. There are lives at stake whenever someone gets in a car that can potentially malfunction because a specific part was defective or poorly manufactured.

Do NOT be intimidated by a giant car manufacturer when it comes to pursuing an auto products liability claim for personal injury or death. Our auto products liability lawyers represents clients who were seriously injured or lost loved ones in car accidents because of structural defects, faulty engines, a seat back defects, a poorly designed seat belts, weak vehicle roofs, defective tires, faulty airbags, or other flawed vehicle parts.

Auto recalls surge in '09, NHTSA says, Detroit News, January 12, 2010

Recalls, NHTSA

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Auto Recalls, Justia
Consumer Reports

A jury has awarded a 12-year-old boy a $12 million tire tread separation verdict for injuries he sustained in a 2006 New Years Eve auto accident in Mexico. Jesus Guzman, who was 10 at the time, is now paralyzed. The tire was a Goodrich tire made by Michelin & Cie.

The deadly motor vehicle accident happened outside Matamoros when one of the tires of a 2002 Ford F-250 pickup truck failed, causing the motor vehicle to swerve head on into a Chevrolet suburban. Everyone riding the SUV died—four of the casualties were under age 14. Loved ones who were riding in the pickup truck along with Guzman were injured.

According to the defective tire lawsuit involving injuries to a child, leaking roofs and broken air conditioners at a Michelin plant caused the tire maker's machines to make defective tires that could likely fail. By issuing its $11.96 million verdict against Michelin for Guzman's spinal cord injury, the Texas jury rejected the tire manufacturer's claim that the Ford truck's bumper had scraped off the top of the tire.

Tire Tread Separation
The treads of a tire (especially steel-belted radial tires) can become separated. Because the steel does not properly adhere to the tire, driving at high speeds or hot weather can cause the separation to happen. Tire tread separation is linked to design and manufacturing defects.

Tire tread separation can lead to tire blowouts that can cause the driver to lose control of the vehicle and drive off the road, into oncoming traffic, or roll over. SUV's are especially prone to rollover crashes during a tire blowout.

The fallout from being involved in an auto accident caused by tire tread separation can be catastrophic.

Just last week, the six members of the Scotland Yard Gospel Choir were hurt during a van rollover crash that was caused by what investigators believe was tire failure. Head trauma and broken bones were some of the injuries that the victims sustained.

Auto crashes that are a result of tire defects, including tire failure, tire tread separation, tire blowouts, and tire/rim explosions are preventable. This is one reason that a tire maker should be held liable for auto products liability. Car crashes can be deadly, which is why it is a tire manufacturer's responsibility to make sure that their tires are free from defects that could cause a deadly motor vehicle accident.

Michelin Tire Tread Separation Lawsuit Results in $12M Verdict, AboutLawsuits, September 21, 2009

Michelin Loses $12 Million Verdict in Suit Over Crash, Bloomberg.com, September 10, 2009

Chicago's Scotland Yard Gospel Choir injured in van accident, Chicago Sun-Times, September 25, 2009

Related Web Resources:
Tires, NHTSA

Consumer Reports

The Arizona Court of Appeals says that a local woman who was hurt and lost her mother and daughter in a Mexico car accident can sue Continental Tire North America in the state of Arizona. Attorneys for the tire company wanted the auto products liability lawsuit to be argued in Mexico where the rollover accident happened.

Court documents state that the car accident victim, Maria Pozo Parra, was driving her motor vehicle in Yuma County when the tread in one of her tires separated. Pozo Parra then lost control of the vehicle, which rolled over. She and three other passengers were ejected from the auto. They all sustained injuries. Pozo Parra's mother and one of her daughters were killed in the rollover accident. She is suing the tire maker and the dealer that she bought the tire from for products liability.

As part of their argument that the case be tried abroad, the defendants claimed that the Arizona tire defects lawsuit had a "tenuous" connection to the state. The tire dealer is based in Arizona.

A judge in Maricopa County Superior Court agreed with the defendants and tossed out the Arizona defective tire lawsuit. Appellate Judge Diane Johnsen, however, said that the defendants' arguments could not overcome Arizona law, which lets plaintiffs decide where they want to file their civil claims.

Tire Tread Separation
Tire tread separation can lead to tire blowouts, which can cause a motorist to lose control of the vehicle. This can result in deadly rollover accidents and other kinds of auto collisions. A tire blow out can be especially dangerous when the vehicle is traveling at high speeds or if the auto, such as many sport utility vehicles, has a high gravity center.

Defective design or manufacturing defects are two common causes of tire tread separation. Examples of common tire design defects:

• Insufficient nylon overlays
• Deficient skim stock

Some causes of tire manufacturing defects:

• Poor adhesion or bonding of tire components
• Poor quality control

Yuma tire lawsuit OK'd for Arizona, Yuma Sun, August 14, 2009

Related Web Resources:
Parra V. Continental Tire

Tire Defects, Safercar.gov

According to a federal appeals court, a Utah auto products liability lawsuit over a 2005 15-passenger van rollover accident that killed eight Utah State University students and one instructor and seriously injured two other students can proceed. The 15-passenger van complaint was filed in district court last year—but Cooper Tire & Rubber Co., the remaining defendant in the wrongful death case, had tried to get the case thrown out.

The tire company, which made the tires that were on the van, had expressed concern that certain information needed for the case would have exposed company secrets. The appeals court, however, says the plaintiffs are entitled to know how the tires were manufactured.

The students and their agriculture instructor were coming back to school after visiting a farm during a field trip when the deadly crash happened. The 15-passenger van rolled over a number of times after one of the tires blew out. The plaintiffs' wrongful death complaint accuses Cooper Tire of knowing that the tire was defective yet failing to remedy the tire's defects.

The families of the victims that died settled their products liability complaint against Chrysler more than a year ago. The plaintiffs had accused the auto manufacturer of making a van with an unsafe gravity center, defective tires, and unsafe seat belts.

15-Passenger Vans
15-passenger vans have long been known for their high rollover risk because of the way they are designed. Last month, the National Highway Traffic Safety Administration issued an advisory warning all 15-passenger van users to exercise the necessary safety precautions to prevent a rollover accident from happening. Recommendations include:

• Check tires for wear and tear, and make sure that they are properly inflated. Tires that are not fully inflated on a 15-passenger van is a common cause of rollover accidents, especially when the van is fully loaded.
• Ensure that everyone in the van is using a seat belt.
• Do not drive the van unless you are properly trained to operate this type of vehicle.

The NHTSA says that 15-passenger vans carrying 10 or more passengers have a rollover risk that is almost three times greater than vans carrying less than 5 passengers. This means that using a 15-passenger van the way that it was intended—to carry 15 passengers—places vehicle occupants at risk of getting injured in a rollover crash.

Cooper Tire told to supply information, UPI.com, June 10, 2009

Appeals court gets USU van lawsuit rolling again, The Salt Lake Tribune, June 6, 2009

Related Web Resources:
Fatalities to Occupants of 15-Passenger Vans, 2003 - 2007 (PDF)

15-Passenger Vans, IIHS

The National Highway Traffic Safety Administration has begun its own preliminary probe into over one million Ford trucks and cars following reports that faulty tire valve stems were causing tires to leak air. Ford Motor Company, which conducted its own investigation, says that the tire valve stems do not pose a safety risk. Safety advocates, however, claim that the potential danger of sudden tire air loss should mandate a recall. In a letter to NHTSA, auto safety researcher Sean Kane, who called for the investigation into Ford's tire valve stems, warned that drivers and tire repair shops would be unlikely to notice the defects.

The NHTSA's investigation involves 1,050,000 2007 Ford vehicles, including the Ford F-150, Edge, Mustang, Milan, Fusion, MKZ, Mercury Grand Marquis, MKX, Explorer, Expedition, Escape, and Focus. The agency says that they have 37 complaints involving Ford motor vehicles with faulty valve stems.

23 complaints involved autos with more than one defective tire valve stem. 11 reports involved cases where an air leak caused tire damage. A valve stem is supposed to keep the air in a tire. Topseal Automotive, a subsidiary of Chinese company Shanghai Baolong, made the valve stems that are under investigation.

In May, the NHTSA began another investigation into 23 million Shanghai Baolong Automotive Corp. replacement valve stems that were made in 2006. The agency found 4,767 complaints involving these replacement stems. One complaint reported a deadly auto accident involving a 1998 Ford Explorer that experienced tire failure.

Last month, the NHTSA upgraded that probe into what it calls "Engineering Analysis." This means that if the analysis investigation finds that the replacement valve stems, imported by Dill Air Controls Products, are defective, some 23.5 million replacement tire valves that were installed between August 2006 and July 2007 may be recalled.

Topseal Automotive told NHTSA that the replacement valve stems lacked proper protection from ozone damage, which can cause the stem bases to crack after 8 to 14 months of use and lead to air loss, tire failure or tire blowouts. Topseal supplies eight million tire valve stems each month to Ford and other car manufacturers around the world.

Ford spokesperson Wes Sherwood maintains that even though they purchased the valve stems from Topseal, the stems they use on their cars and trucks are not made from the same material that the replacement valve stems are made with. Sherwood also says that the valve stems used on Ford vehicles are made with different equipment.

Tire blowouts can lead to serious injury accidents, including vehicle rollovers, multi-vehicle collisions, and accidents involving pedestrians. You may be entitled to compensation from an auto manufacturer or tire maker if you were injured in a motor vehicle accident involving a defective tire.

Feds probe Ford tire leaks, Detroit Free Press, October 22, 2008

NHTSA steps up investigation of tire valves … but not enough, Consumer Reports, October 3, 2008

Related Web Resources:

Shanghai Baolong Automotive Corporation

Ford Motor Company

Continue reading "Federal Auto Safety Regulators Investigate More Than One Million Ford Cars and Trucks for Tire Leaks" »

The National Highway Traffic Safety Administration has cautioned motorists that hot summer weather, defective tires, and motor vehicles overloaded with vacationers and cargo make up a deadly combination that can lead to serious auto accidents on US roads and freeways.

One reason the summer heat can create an additional hazard to motor vehicle tires—especially those that are poorly maintained and/or defective—is that the hot weather adds to the temperature buildup of the tire, which can cause the glue that holds it together to stop working until the tire falls apart. Dry air and the sun's ultraviolet rays have also been known to drastically shorten an already under-inflated or cracked tire's lifespan.

When a tire blows out and the driver is unable regain control of the vehicle, the car can end up taking a sharp turn or rollover that can result in serious injuries for the motorist and others. The NHTSA says that some 660 people are killed and 33,000 others are injured every year in traffic collisions caused by tire problems. The federal agency also estimates that at least 50 lives could be saved each year and up to 10,600 injuries prevented if steps were taken to properly maintain all tires and keep defective ones off US roads.

There are preventive steps that a motorist can take to properly maintain their tires during the hot summer months:

• Check the tire pressure every month and before going an a long trip.
• Check tires for excessive wear or sidewall deterioration.
• Make sure the tires are properly aligned.
• Rotate your motor vehicle's tires every 3,000-4,000 miles.

Common Causes of Tire Blowouts Include:

• Manufacturing or design defects
• Shredded tires
• Poor tire construction
• Adhesion failures

Unfortunately, tire defects are not uncommon, and some of the biggest tire manufacturers in the world, including Dunlop and Firestone, have recalled defective tires at some point in time. If your injuries occurred in an auto accident involving a defective tire, our auto products liability law firm can help you determine whether you have grounds to file a claim against the tire designer or the motor vehicle manufacturer.

NHTSA Urges Drivers To Check Their Tires During The Hot Weather, NHTSA, August 13, 2007

Desert heat boosts peril of tire blowouts, AZCentral.com, June 18, 2005

Tire Safety, NHTSA

Related Web Resources:

NHTSA

Recalls

Continue reading "Odds of Motor Vehicle Accidents Occurring Due to Tire Blowouts Increase With Rising Summer Heat" »