Car Defects

Car defect cases focus on a potential defect within the automobile that may have led to an injury during the course of an accident. Often referred to as a "secondary collision" because it occurs immediately after the automobile strikes an object, this collision may be the result of a defect within the automobile. An automobile may be defective if there is:

  • A mistake in manufacturing.
  • An improper design.
  • An absence of a warning or an absence of an adequate warning.

Specific Types of Automobile Crashworthiness Cases


Fuel System Integrity
The fuel tank, fuel neck and fuel lines make up a vehicle's fuel system. Any one of these parts may be jeopardized because of its location or environment. Defects can also include the absence of a protective shield around the gas tank or the failure of any number of fuel system components. People have been known to suffer fatal burn injuries in post-collision fires that were enhanced by defects in the fuel system.

Seatbelt Design Defects
While restraint systems are designed to protect the vehicle's occupants during an accident, an improper designed restraint system may cause greater injury and even death to occupants. Here are a few types of seatbelt design defects:
  1. The lap-only belt
    Prior to 1988, almost all cars and trucks sold in the United States provided lap-only belts in all rear seating positions. In fact, most manufacturers still only provide lap-only belts in the rear middle seat. The absence of the torso restraint exposes the occupant to all the dangers of an unrestrained head and upper body. During an accident, a person who is seated in a rear middle seat may suffer fatal or severe abdominal injures, spinal injuries or may cause the victim's head to strike the front seat(s) or center console resulting in a brain injury. No effort has been made to recall vehicles with lap-only belts and outfit them with a torso restraint system, leaving millions of cars on the road with lap-only seatbelts for years to come.
  2. "Submarining" under the seatbelt
    Failure to properly design the restraint system may result in the occupant submarining under the lap portion of the seatbelt. The lap belt portion of the seatbelt should be designed to apply restraint across the heavy, bony portions of the pelvis below the abdomen. During collisions, however, the pelvic region of the occupant tends to move forward and downward, or "submarine" under the belt. Due to the "submarining," the belt will now apply force through the abdomen to the soft tissues of the abdomen and the spinal column behind. These body parts are not strong enough to withstand such forces, and the belt itself may cause serious or fatal injury.
  3. "False latching"
    "False latching" is where the buckle may be closed and appears to be latched when it is not. This may result in the passenger being ejected from the vehicle.

Airbags
Types of airbag defects:
  • Airbags which fail to deploy
  • Airbags which deploy too early or too late in the crash event so as to be ineffective and in some cases cause injury
  • Airbags which are "too aggressive" and cause injury through direct forceful contact with the occupant upon deployment

Rollover & Roof Crush
Rollover is a well-known defect which affects virtually all compact SUVs, minivans and 15-passenger vans. If a roof crushes substantially as a result of rollover, the chances of suffering a disabling head or neck injury increase significantly.

Rear Seat Back Failure
Most seat backs in passenger vehicles lack sufficient strength to prevent the seat from deforming and failing. When the seat back fails, the occupant, whether belted or not, can be ejected out of a normal seating position.

Frontal Impact Crashworthiness
The frontal impact crashworthiness of a car refers to the vehicle's ability to absorb energy during a collision. These types of accidents may allow objects to enter the passenger compartment and potentially lead to serious injury.

Cargo Intrusion
Practically none of the vehicles manufactured today were designed to prevent luggage from intruding into passenger space during front-end accidents. The nature of a front-end accident allows objects in the rear of your car to move forward and hit either the rear seat or the rear bulkhead, allowing objects to injure the passengers.

Contact our Wisconsin Car Defect Attorneys

If you or your loved one has been injured or killed as a result of a car defect, you need to hire an experienced Wisconsin personal injury attorney immediately. At Pitman, Kyle & Sicula, our Wisconsin car defect lawyers work relentlessly to obtain financial compensation for our clients. We work with a team of investigators, medical experts, and attorneys to evaluate the case, investigate the scene of the accident, question witnesses, gather testimony, and collect evidence. At our firm, we are dedicated to protecting our clients' rights by ensuring the truth surrounding their accident is discovered, and that justice is served.

If you are in need of a dedicated Wisconsin car defect attorney, contact Pitman, Kyle & Sicula, S.C. today for your free consultation at (800) 950-9882.

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