Archive for the ‘Seat Belt Injuries’ Category

Defective Seat Belts and Auto Accident Injuries

Monday, December 5th, 2011

Seat belts are intended to protect passengers from injury in the event of an auto accident however defective seat belts can also be responsible for injuries, some of them quite severe. It is the duty and responsibility of seat belt and auto manufacturers to design and construct seat belts which can fully withstand a potential collision, preventing passenger ejection. Overall, seat belts do their job as they should, saving as many as 15,000 lives per year while also allowing many drivers to maintain control of their vehicle in the event of a crash.  You should always wear your safety belt, assuming it was properly designed, yet when seat belt failure does occur seek experienced legal advice.

How Often Do Seat Belts Fail?

Although not especially common, when safety belts fail, the injuries can be more extensive than if you hadn’t been wearing one at all. Seat belt failure causes injury to a vehicle passenger during what is known as the “second collision phase” of an automobile accident. The first phase of an auto accident is when one vehicle collides with another, while the second phase is when the vehicle occupants suffer impact with the interior of the vehicle or other outside objects in the case of ejection.

Indications of Seat Belt Defects

Whenever a passenger who was properly wearing their seat belt is ejected from the vehicle, then a seat belt defect is likely. Additionally when a seat belt is found torn or damaged following an accident or when a seat-belted victim suffers severe injuries in an accident with little vehicle damage, defective safety belts should be considered.

Types of Seat Belt Defects

When a safety belt latch improperly releases during an accident, or when the buckle feels and looks as though it is latched but comes loose in an accident, the safety device was likely defective. Seat belt retractor failure can cause a safety belt to become slack in an accident, allowing the passenger to be thrown forward while other times the seat belts are simply poorly designed and do not protect as they were meant to. Material or weaving defects in some safety belts can result in the belt ripping or tearing during the impact of an accident, leaving the passenger unprotected. Finally, door mounted belts or lap-only belt designs have been responsible for injuries and are considered defective.

When a seat belt unlatches in a wreck it is known as “inertial unlatching.” A 1982 General Motors patent designed a seat belt latch which is physically obstructed when latched, preventing the inertia forces of an auto accident from unlatching it however these safety features are not implemented in all safety belt buckles installed in the United States—even in new cars. When a seat belt buckle looks and feels as though it is latched but isn’t, it is known as “false latching,” and can pull loose at less than five pounds of pressure. This means that in an auto collision the passenger who believed they were properly restrained has no safety protection at all.

Lap-only Belts

One common design defect is known as the lap-only belt; these designs are dangerous and do not meet the government’s decree to remain on the pelvis in all conditions. Seat belt injuries from wearing a lap-only belt can occur even in a relatively minor rear-end auto accident, sending the passenger restrained only by a lap belt out through the windshield. Seat belt defects or lap-only belts allow the occupants to move excessively toward the roof during a rollover crash, meaning they have a much higher probability of injury. Door-mounted seat belts are a problem when the door is lost during an accident, causing ejection of the passenger, and automatic seat belts come with their own dangers as occupants often neglect to finish attaching the seat belt around their lap.

While it’s true that seat belts save lives, when manufacturers knowingly hide dangerous defects in the safety devices, they place lives in danger. Because of the high cost associated with recalls, even in the face of knowledge of a seat belt design flaw recalls are not instigated. If you’ve suffered injury because of a defective seat belt you have the right to present your case in a court of law and receive compensation for your medical expenses, lost wages and emotional trauma. An experienced personal injury attorney with extensive knowledge of seat belt litigation can evaluate your case and determine your legal options, helping you navigate through the complexities of the legal process.