If you are involved in a car crash, the focus routinely turns to which driver is at fault. However, oftentimes, the crash itself isn’t the only problem. What if your injuries were made worse because your vehicle didn’t protect you in the way it should have? This is where the concept of crashworthiness comes into play.
What is Crashworthiness?
Crashworthiness refers to a vehicle’s ability to protect its occupants from severe injuries during an impact. It doesn’t focus on who is at fault, but on whether the vehicle performed as safely as it was supposed to during the crash. Car manufacturers have both a legal and ethical obligation to the public to design vehicles in such a manner that minimizes the risk of injuries and death in foreseeable crashes. Importantly, crashworthiness safety systems do not prevent crashes from occurring. Instead, they work to prevent or minimize the risk of serious injuries or death once a crash has occurred.
Common examples of crashworthiness safety tools include seatbelts, airbags, crumple zones, rollover protection systems, etc. Should these systems fail, the resulting injuries can be even more severe than they should have been, which can lead to car crash injury claims against the vehicle manufacturer under product liability law. Crashworthiness issues can include airbags that fail to deploy, seatbelt pretensioners that fail to fire and tighten the seatbelt, seatbacks that fail or collapse, roof collapses during rollovers, etc.
How Do I Know If I Have a Crashworthiness Case?
Simply because you were injured in a vehicle does not always mean that a crashworthiness claim, otherwise known as a products liability claim, exists. However, if you are injured in a crash, there are several key signs to look for in determining whether you maintain such a claim, including:
- The Injuries Sustained Were More Severe Than Expected
If a crash was relatively minor but resulted in serious injuries, a claim may exist. For example, a low-speed collision that resulted in paralysis or death. Another indicator may be if passengers in the same vehicle were not injured or only experienced minor injuries in comparison.
- Safety Features Failed or Made Injuries More Severe
If your airbags didn’t deploy as designed or deployed late, this may give rise to a claim. Similarly, if a seatback collapsed or a seatbelt pretensioner failed to fire, liability may exist against the manufacturer. Each of these would be indicators that the car failed to meet general crashworthiness/safety standards.
- Your Vehicle Maintains a History of Design or Manufacturing Flaws
At times, engineers or accident reconstruction specialists can identify a pattern of failure in a specific make or model of a vehicle. If your vehicle maintains a history of recalls, injuries, or lawsuits in other cases, such facts can provide support for a determination that your vehicle maintained either the same or a similar flaw.
- You Were Properly Using the Vehicle
One important aspect of a crashworthiness claim is showing that you were using the vehicle in the manner prescribed by the manufacturer. For example, if you were not wearing a seatbelt or had intentionally deactivated an important safety feature, a crashworthiness case against the manufacturer may become extremely difficult or unviable. The manufacturer will simply point to your misuse of the vehicle as the cause of your injuries rather than any defect the vehicle may maintain.
What Steps Should You Take If You Suspect a Crashworthiness Issue from a Car Crash Injury?
If you suspect that your injuries sustained as a result of an automobile crash were the result of a potential vehicle defect, you should immediately take the following three steps:
- Preserve the Vehicle – The vehicle becomes crucial evidence in a crashworthiness case. Without the vehicle, it is extremely difficult for an accident reconstruction or engineering expert to determine what defect may exist. Take any and all steps necessary to make sure that the vehicle is not destroyed or repaired before an expert has a chance to evaluate it.
- Seek the Medical Attention You Need – It is important to make sure that your injuries and treatment are appropriately and timely treated.
- Consult an Experienced Attorney – Given the technical aspects of a crashworthiness case, it is important to retain a car crash injury lawyer who understands the complexity of these types of cases and who is experienced in working with engineers and reconstruction experts in developing proper claims.
Call Plakas Mannos to Evaluate Your Crashworthiness Claim
If you have been in a crash and suspect that your injuries may be the result of a vehicle defect, contact the product liability and personal injury attorneys at Plakas Mannos. Give our team a call today at 330-455-6112 to see how we can help you!
Meet the Author
Hunter Miller is an associate attorney focusing on personal injury, corporate transactions, commercial litigation, estate planning and probate, intellectual property litigation, and other practice areas.