Floresville, Texas Rollover Fatality Accident

2010 January 19
by Justin Hill

Pretensioners Floresville, Texas Rollover Fatality Accident

Floresville, Texas Rollover Fatality Accident By San Antonio and Austin Automotive Defect Attorney Justin A. Hill

It is generally accepted that in a rollover accident if an occupant stays entirely inside the vehicle and the roof does not crush down, the occupant has a much higher chance of escaping the rollover alive and without serious debilitating injuries. Therefore, keeping occupants inside a vehicle during a roll sequence should be a goal of any vehicle’s safety system. Traditional seatbelt systems are ill-equipped to account for the vehicle dynamics of a rollover. In a rollover, however, seatbelts are critical in limiting occupant excursion. Occupant excursion is the extent to which an occupant’s body moves out of its original seating position during a collision event. Typically, the greater the excursion, the greater the chance of injury.

Many seatbelt retractors, by design, let out excess slack during a rollover because the mechanism for locking the retractor is ineffective while the vehicle is rolling. Instead of staying locked through the entirety of a rollover event, some seatbelt retractors will lock and unlock as the vertical and horizontal forces on the vehicle change. Retractors should stay locked during the entirety of a collision. A retractor staying locked throughout a rollover is essential to limiting occupant excursion. Therefore, many Seatbelts can fail to keep occupants restrained and contained in a vehicle during a rollover. When seatbelts, and other safety systems, fail to keep an occupant inside the vehicle during a rollover, the possibility of a defect with the seatbelt should be carefully analyzed.

A recent accident in the San Antonio, Texas area raises a lot of questions regarding how and why a belted occupant was fully ejected and killed during a rollover event. According to MySA.com:

A Floresville teen was killed Monday afternoon when she crashed her pickup and was ejected from the vehicle, according to the Texas Department of Public Safety. Marisol Silva, 18, was southbound on U.S. 181, just a few miles north of Floresville, when she ran off the left side of the roadway and overcorrected, causing the truck to overturn, according to authorities. She was wearing her seatbelt but was ejected from the truck, authorities said. She was declared dead at the scene of the accident around 3:42 p.m., according to DPS officials. Silva was the only person in the vehicle. It was unknown why she drove off the road, which caused her to overcorrect the vehicle

When investigating and pleading a design defect seatbelt case, it is critical to be current on what safer alternative designs were available when the vehicle was manufactured. There are multiple safer alternative designs on the market that can alleviate spooling–the release of slack into a seatbelt. Some automobile manufacturers incorporate more than one retractor into their seatbelt systems in case one fails. Rollover fired seatbelt pretensioners were developed in the past ten years to address many of the retractor issues related to rollovers. They are activated when a rollover is sensed and automatically pull in and lock the seatbelt. Seat integrated, or All-Belts to Seats, systems are systems where the seatbelt housing is located in the seat and not the B-Pillar. Also, Web-Grabbers help alleviate the chances of spooling. All of these are safer alternative designs that help to significantly reduce occupant excursion in a collision event.

If someone you know was injured or killed as the result of a rollover accident, seatbelt failure, or automotive defect, encourage them to immediately contact a competent attorney for advice. It is extremely important to do this quickly to ensure that evidence is preserved, statements are taken, and the rights of all potential plaintiffs are protected.

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