Automotive Product Liability Spotting
2009 September 8
An article published today at MySA.com is a perfect example of why it is necessary for trained eyes to review potential automotive defect cases. The article states, in part:
Two men in their mid-20s suffered serious head injuries in a one-vehicle collision on the Southwest Side Tuesday morning, authorities said. The men, who are reportedly from Carrollton, were riding in a red pick-up north on Interstate 35 around 8:15 a.m. when they lost control of the vehicle, veered off of the shoulder near Benton City Road and flipped several times, according to Bexar County officials. A driver called authorities, reporting that a red truck was rolling over. At least one of the men was ejected from the truck, and both were reportedly confused — deputies said the men couldn’t remember who was driving. One man said the truck began to shake before it struck an uneven portion of the highway’s shoulder and began to flip.
First, it is impossible to evaluate this case for any possible defects without securing the evidence, reviewing the police investigation, photographing the vehicle and scene, talking to witnesses and thoroughly examining the vehicle with an expert. However, there are many points in those few sentences that indicate the need to investigate the accident for a potential product defect.
- The type of injury–a head injury–raises the possibility that these individuals got their head out of the vehicle during the roll sequence. There are numerous other possibilities as well. Typically, a biomechanics expert will help evaluate the crash to determine the mechanism of injury.
- The loss of control is also curious. Why did these men lose control of the vehicle? Was there a metallurgical failure? Was there a tire event, tire delamination and/or blowout, that contributed to or caused the loss of control? Were they run off the road by another driver? Was this driver inattention? All of these issues would have to be fully explored to determine what caused the loss of control.
- The vehicle rolled over. Vehicles should not roll over. Determining why this vehicle rolled would be important in evaluating a possible product defect case. Was the vehicle defectively designed in regard to stability and/or handling? Was the vehicle equipped with electronic stability control or any other technology designed to keep a vehicle from losing control and/or rolling over? These questions, among many others, are very important. Numerous vehicle design experts are employed to help evaluate such important questions.
- The article states that one man was ejected. Even in a rollover, a vehicle should be designed and manufactured such that an occupant is not ejected in a foreseeable rollover scenario. Depending on the year, make and model of the vehicle, there may be technologies available that significantly limit the possibility of occupant ejection. Further, this article does not say, but it is important to know, if the occupants were belted.
- Finally, the occupants noticed the vehicle shaking before the loss of control. This could evidence a tire issue, a metallurgical issue, a road condition or many other things. Accident reconstructionists could play an important roll in answering this mystery.
As the reader can see, automotive defect cases are complex and time and expert intensive. This is why it is extremely important that attorneys with experience in these areas of the law are employed quickly to evaluate any potential automotive defect claims.
