August 18, 2010

Mazda, General Motors, and Honda Recall Vehicles Over Power Steering, Seat Belt, and Ignition Issues

More auto safety issues have prompted the recall of more vehicles by some of the largest manufacturers. Our auto products liability law firm wants to remind you that auto defects that cause serious injuries or wrongful death maybe grounds for a personal injury case or a wrongful death complaint against a negligent automaker.

General Motors is recalling 243,000 crossover vehicles because of a possible rear seat belt defect that can occur if the belt becomes damaged when a seat that has been folded flat is restored to an upright position. This can allow a seat belt occupant to mistakenly think that the belt is properly latched. The GM recall involves the 2009 and 2010 models of the Buick Enclave, the Chevrolet Traverse, the Saturn Outlook, and the GMC Acadia.

Also this week, Mazda Motor Corp. announced that it is recalling 215,000 Mazda 5 and Mazda 3 vehicles (2007 – 2009 models) in the US because they might suddenly lose their power steering without warning, increasing the risk of a car crash. The auto defect can happen if rust comes off a high pressure pipe and places strain on the power steering pump, resulting in a system shutdown.

The National Highway Traffic Safety Administration says it has received at least 33 complaints regarding this safety issue. Three of the complaints contend that loss of steering control caused their respective car accidents. While the vehicles use an electric boost to the hydraulic power steering system that is supposed to make turning the car easier, some drivers do not have the extra strength required to maintain control of the auto should the electric boost fail.

Last week, Honda Motor Corp. recalled 428,000 autos in the US and Canada because of an auto defect that can cause a car to roll away if it is not parked properly. This may happen if the ignition interlock lever fails. The lever is supposed to keep they key in the ignition if the vehicle has not been placed in park. Honda vehicles in the US affected by the recall are the Civic, Accord, and Element (2003 and 2004 models).

NHTSA upgraded its investigation into the possible vehicle defect after Honda received reports of 10-related car accidents. NHTSA says it had received 11 car crash reports over the same issue.

G.M. Recall for Seat Belts Affects 243,000 Crossovers, NY Times, August 17, 2010

Steering issues spur Mazda recall; GM recall targets seatbelts, Los Angeles Times, August 18, 2010

Honda to Recall 428,000 Vehicles in N. America, ABC News, August 9, 2010


Related Web Resources:
NHTSA

Auto Recalls, Justia

Continue reading "Mazda, General Motors, and Honda Recall Vehicles Over Power Steering, Seat Belt, and Ignition Issues" »

January 15, 2010

Toyota and Ford Top Are Automakers with Most Vehicles Recalled in 2009

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


Related Web Resources:
Auto Recalls, Justia
Consumer Reports

November 14, 2009

Seat Belt Syndrome: Child Safety Continues to Take a Back Seat

More needs to be done to prove child safety when it comes to seat belts—especially as not all US states require that kids ages 4-8 use booster seats. Unfortunately most seat belts are unable to properly fit over the bodies of many children to ensure maximum protection, which can result in catastrophic seat belt-related injuries, known as seat belt syndrome, during a car accident.

Just last year, one 7-year-old’s life changed forever when she sustained seat belt-related injuries during a catastrophic Minnesota car accident. Brynn Duncan was wearing a seat belt, but she had pulled the shoulder belt over her back so it wouldn’t sit on her face. The lap belt she was using fell over her stomach. When the vehicle Brynn was riding in crashed, she sustained a crushing spinal cord injury, bowel and kidney damage, and a bruised heart.

Doctors had to remove her kidney, appendix, and gallbladder. Brynn suffered from infection and depression and sustained permanent injuries. She now requires the use of her wheelchair.

Seat belt syndrome is not uncommon and while US states that don’t require kids, ages 4-8, to use booster seats should consider whether to revise their laws (which many parents turn to for guidance), there is a lot more that auto manufacturers and seat belt designers can do to make sure that kids and adults are properly protected when wearing seat belts and that these safety devices do not cause serious injury.

Injuries linked to seat belt syndrome include liver injuries, abdominal organ injuries, bowel injuries, chest trauma, blood vessel injuries, sternum injuries, spinal cord injuries, and death. Seat belt injuries that occur because the safety device was designed poorly or because the seat belt malfunctioned can be grounds for the injured party and his or her family to file a defective seat belt lawsuit.

Recently, automaker Ford announced its latest development in seat belt technology: inflatable seat belts. Designed to improve rear-seat passenger protection, especially for kids, the belts contain airbags that are supposed to inflate during certain kinds of auto collisions. Hopefully the new belts can provide the added protection kids and adults need during an auto collision.

Ford Says Inflatable Seat Belt Could Reduce Crash Injuries, Wall Street Journal, November 9, 2009

AAA Minnesota/Iowa & Safe Kids Minnesota Support Enhanced Child Restraint Legislation "The Brynn Duncan Law", Reuters, January 6, 2009

Brynn Duncan’s condition worsens, surgery needed, Daily Journal, September 10, 2008


Related Web Resources:

Seat belt syndrome, Wrong Diagnosis

Child restraint laws, Insurance Institute for Highway Safety

Continue reading "Seat Belt Syndrome: Child Safety Continues to Take a Back Seat " »

May 16, 2009

Nationwide “Click It or Ticket” Campaign A Reminder of How Seat Belts—When Defect-Free—Can Save Lives

According to the US Department of Transportation, each year 22,372 serious injuries and 1,652 traffic deaths could be prevented by the use of seat belts, which reportedly saved 15,147 lives in 2007, if seat belt use rates in each use state was at 90%. US Transportation Secretary Ray LaHood calls safety belt use the “most effective traffic safety device every invented.”

To show people how serious safety and transportation officials throughout the US are about promoting the use of safety belts, the “Click It or Ticket” campaign will take place this year from May 18 – 31. Over 10,000 police agencies are expected to patrol the streets to catch and cite people that are caught not using seat belts when riding in motor vehicles.

Currently, the National Highway Traffic Safety Administration National Occupant Protection Use Survey reports that the seat belt use rate for 2008 was 83%. However, one out of every five Americans still does not buckle up.

Teens are an age group of special concern. 2,502 of the 4,540 16-20 year old auto occupant victims that died in 2007 were not using seatbelts. 65% of the teen drivers that died in nighttime car accidents that year were not using seat belts.

Defective Seat Belts
In order for seat belt use to save lives and prevent serious injuries, the safety belt must be free from defects so that it works properly. Unfortunately, seat belt defects do occur and car makers have been known to recall vehicles because of defective safety belts. Also, injury victims and the surviving families of those who have died because a seat belt malfunctioned or had a defect have sought products liability and wrongful death recovery from the negligent manufacturers.

Recently, a woman who became paralyzed in a 2006 Colorado rollover accident was awarded a $4.23 million seatbelt defect judgment against Ford Co. Erica Hoffman’s auto products liability lawsuit contended that the seat belt was faulty and that it came unlatched during the auto accident.

A Colorado jury awarded Hoffman $18 million, assigning 25% of the liability to Ford. She also settled with TRW Automotive Safety Systems Inc, the company that made the seat belt, as well as the driver of the 1999 Ford Mercury Cougar Coupe that was involved in her rollover accident.

Car makers and seat belt manufacturers must be held liable for negligence when they make and install safety belts that are defective. Vehicle occupants rely on safety belts to keep them secure in the event of a motor vehicle crash. A seat belt that doesn’t work properly can cause a vehicle occupant to hit his or her head against the windows or roof of a car. He or she can also get thrown out of the vehicle. A person whose seat belt unlatches during an auto accident could end up with a traumatic brain injury, a spinal cord injury, or massive internal injuries that might otherwise have been prevented.

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Woman wins $4.23 million from Ford in lawsuit, Examiner.com, May 1, 2009

Related Web Resources:
Click it or Ticket, NHTSA

Seat Belt Use in 2008 - Use Rates in the States and Territories (PDF)

Continue reading "Nationwide “Click It or Ticket” Campaign A Reminder of How Seat Belts—When Defect-Free—Can Save Lives" »

February 2, 2009

Recent Rollover Lawsuits Name General Motors Corp, Yamaha Motor Corporation, Ford, and Volkswagen as Products Liability Defendants

Auto manufacturers are responsible for implementing the design and manufacturing precautions necessary to minimize the chances that their vehicles will become involved in a rollover accident. In the event a rollover accident does occur, then vehicle makers must make sure that the structure of the auto can withstand the crash and that there are safety precautions in place to prevent vehicle occupants from suffering serious injuries. Rollover accident victims and their families may be entitled to products liability or wrongful death compensation if a car maker could have done more during the design or manufacture of the vehicle to minimize the seriousness of future injuries.

Last month, the family of TV anchorwoman Polly Gonzalez filed a wrongful death lawsuit against Ford Motor Co. The plaintiffs contend that not only did the seat she was sitting on fail to work correctly, but the roof of the Ford Explorer was not sturdy enough to survive a rollover accident. Gonzales’s two children were also injured in the motor vehicle crash.

In an unrelated lawsuit, a man who became a paraplegic after his 2005 Chevrolet Colorado rolled over is suing General Motors Corporation and Davis-Barr Chevrolet Pontiac, Inc. for his spinal cord injuries. In his automotive products liability lawsuit, the man claims that the seat belt and seat of his vehicle malfunctioned. He also contends that General Motors Corp. failed to provide him with the standard of care and duty he was owed when the company failed to exercise reasonable care in the design, manufacture, testing, marketing, and sales of the vehicle he was riding in, as well as neglected to provide appropriate warnings.

Another man, who is now a quadriplegic, is suing Volkwagen for his personal injury from a 2002 auto accident. Owen Milne is seeking an unspecified amount of compensation for products liability and personal injury because the 1999 Jetta he was a passenger in flipped over as his then fiancé, Rebecca Beisswenger, swerved the car to avoid crashing into a vehicle that passed them on a curve in a no-passing zone.

Beisswenger lost control of the car, which rolled over a number of times down an embankment and back onto the highway. The support beams that were supposed to hold up the roof of the Jetta’s passenger side collapsed. Milne suffered a vertebrae fracture and his neck became compressed. The seat belt he was wearing failed to keep him securely in his seat. Mline’s personal injury lawsuit claims the 1999 Volkwagen Jetta was defectively designed and not capable of keeping its structural integrity during a rollover crash.

South Burlington man sues VW alleging Jettas are unsafe, BurlingtonFreePress.com, January 18, 2009

Lawsuit Filed in Arkansas Roll Over Accident That Left Man Paraplegic, The Open Press, January 24, 2009

Family of Vegas TV anchor suing Ford over crash, Mercury News, January 25, 2009


Related Web Resources:
Rollover, SaferCar.gov

Rollover Information and Prevention, Consumers Union

October 7, 2008

As Safety Belt Use Increases, So Does The Need to Eliminate Seat Belt Defects

US Secretary of Transportation Mary E. Peters says that more people than ever before are using safety belts. According to the latest National Highway Traffic Safety Administration figures:

• 83% of vehicle occupants are wearing seat belts during daytime hours this year, compared to 82% in 2007.
• The NHTSA says that an additional 270 lives are saved for every 1% increase in seat belt use.
• 84% of car occupants are using safety belts.
• Pickup truck riders are buckling up 74% of the time.
• 86% of SUV and van riders are using seat belts.
• In 2008, safety belt use on freeways is at 90%, compared to 89% in 2007.

The NHTSA attributes the increase in seat belt use to high profile local, state, and national enforcement efforts, such as “Click It or Ticket” Campaign.

Dangers of Defective Seat Belts
Seat belt use can decrease injuries and save lives. According the NHTSA and the US Department of Transportation, 15,383 lives were saved in 2006 because of safety belt use. However, seat belts can only save lives as long as they are not defective or improperly designed.

Seat belts are supposed to keep an occupant securely in his or her seat in the event of a traffic collision. A defective or poorly designed seat belt, however, can fail to prevent a person from being thrown into the windshield or ejected from the vehicle during a serious crash and may cause additional injuries. In the event of a vehicle rollover, a person using a defective seat belt may be even more prone to catastrophic injuries.

It is the responsibility of auto manufacturers to make sure that the seat belts in their vehicles are working correctly. Unfortunately, some motor vehicle makers have been slow to admit there is a problem with a vehicle once it is out in the marketplace. For more information about defective seat belts, please visit the Seat Belt and Restraint System Defects section of our Web site for more information.

Seat Belt use Hits Record Level in 2008, DOT.gov, September 17, 2008

Seat Belt Use Report (PDF)


Related Web Resources:

Click It Or Ticket, NHTSA

Seat Belt Injuries Could Signal More Serious Trauma In Children, ScienceDaily, August 10, 2007

Continue reading "As Safety Belt Use Increases, So Does The Need to Eliminate Seat Belt Defects " »

September 26, 2008

Product Safety Suits Lead to Safer Products – Buckle unlatching

We have previously written about how Auto Safety lawsuits helped to improve the rollover resistance of Sport Utility Vehicle (SUV) design – with manufacturers adopting some of the design and testing techniques advocated in lawsuits for decades, to produce safer, more rollover resistant SUVs. In other areas as well, auto safety suits and the publicity and awareness they generate have led to important auto safety improvements. Another example: preventing buckles from releasing themselves in the course of an accident.

Picture1.jpgUntil relatively recently, many vehicles used seat belt buckles with buttons on their sides, rather than their ends. These were exposed to unintended release in accidents, including side impacts where the buckles would strike a center console or the occupant’s hip, inertially releasing the buckle (where inertia effectively “pushes” the button, undoing the seat belt). Most vehicles have now moved to end release designs. This is good, but not enough. End release buckles can also be released inertially unless they use a very inexpensive small part – which costs just pennies – that prevents such release. Fortunately, these release-resistant buckles are found in many vehicles – the rest need to follow suit. Most car makers also require that the buckle release button be recessed and small enough that it isn’t exposed to accidental release from an elbow or hand flailing in an accident. They use a very low-tech test for this: It should be impossible to push the button with a steel ball 30 mm or larger. Unfortunately, a few seatbelt systems fail to meet this simple, common sense test.


As with SUV rollover, we’ve made great progress. Now we need car makers to fix the few “bad apples” still on the road. Where folks are conscientious enough to wear their seatbelts, the manufacturer owes it to them to provide a belt that will stay on in the accident.