Cases

Car Accident Defect Cases for Air Bags, Seat Belts, Rollovers and Vehicle Fires

I have spent the last 20 years analyzing air bags, seat belts and occupant crash protection, first as an automotive engineer for General Motors, then as a court-recognized expert witness, and now as an attorney representing consumers seeking justice for injuries caused by vehicle defects.

In pursuing justice, I draw upon my extensive experience personally investigating numerous vehicle models, including those sold by Acura, BMW, Buick, Cadillac, Chevrolet, Chrysler, Dodge, Ford, GMC, Honda, Hyundai, Jaguar, Jeep, Kia, Lincoln, Mazda, Mercedes Benz, Mercury, Mitsubishi, Nissan, Oldsmobile, Pontiac, Porsche, Saturn, Toyota, and Volkswagen (VW).

The following are examples of car defect cases for which our clients received confidential settlements:

Ford air bag injury: 2005 Ford Taurus – Passenger face, neck and eye injuries from air bag deployment

Another vehicle pulled out of a side street directly into the path of our client’s 2005 Ford Taurus. The resulting accident caused the driver air bag in the Taurus to deploy, inducing significant injuries to the neck, face and eye, including facial bone fractures, nasal fractures, cervical spine injuries, diplopia, and other facial trauma. According to the data from the black box (Restraints Control Module), the driver seat belt was buckled, but there was a fault within the driver seat belt pretensioner at the time of the collision. Our investigation also revealed a concern regarding whether the air bag should have deployed at all, as well as the force level of the air bag deployment.


Mitsubishi air bag defect: 2003 Mitsubishi Eclipse – Passenger blindness from air bag deployment

During a turn into a parking lot, the left front tire of the Mitsubishi Eclipse struck a small post. Although the accident was low-speed and did not cause any damage to the car’s front bumper or front end, the driver and passenger air bags deployed. As it deployed, the passenger air bag struck the sun visor (sunshade) that was down to the block the sun; the airbag broke the sun visor, ripped it apart, and propelled it into the passenger’s face, causing blindness in her right eye. Although Mitsubishi used front air bag sensors in other 2003 vehicles, the Eclipse had only a single-point air bag sensor located back in the passenger compartment. Testing also showed that the Eclipse passenger air bag strikes the sun visor in a wide range of visor in-use positions, consistently breaking it apart and sending it flying.  A report on this Texas case was recently aired on a CBS station in Austin, including excerpts of the testing we did to demonstrate the dangers from the air bag interacting with sun visors; this affects not only Mitsubishi Eclipse vehicles, but also their sister cars, the Chrysler Sebring and Dodge Stratus coupes. 


GM air bag failed to deploy: 2002 Buick Century – Driver fatality due to air bag failure to deploy
 
The driver rear-ended a vehicle that had stopped to make a turn. Even though the crash was severe, the driver air bag failed to deploy, resulting in devastating head and spinal injuries, and the death of the driver three weeks later. Our investigation revealed that this Buick Century air bag system lacked a front crash sensor in the engine compartment, although older models had used such a sensor. Despite having provisions for a front crash sensor, and despite using such a front crash sensor in Chevrolet models, General Motors (GM) failed to include a front crash sensor in the Buick models sold to the public. The “black box” in the car not only confirmed that the driver was wearing his seat belt at the time of the crash, but also demonstrated that the air bag should have deployed.
 
Ford airbag defect: 2000 Ford Focus – Driver blindness from unwarranted and aggressive air bag deployment in low-speed side impact crash
 
Our client was hit on the passenger side by a car trying to cut across several lanes of traffic to make a left turn. Although it was a side impact, the front air bags in our client’s 2000 Ford Focus deployed, causing him to suffer significant eye injuries and blindness. Our exhaustive investigation revealed that the air bag deployment threshold in the 2000 and 2001 Ford Focus was set inappropriately, and was lower than virtually all other Ford air bag systems in the previous decade. In fact, the air bags in a 2000 or 2001 Ford Focus can deploy even in certain accidents at speeds of 6 ½ mph! Amazingly, Ford was unaware of the actual “no fire” air bag deployment threshold when it first sold the 2000 Ford Focus to the public. Even though Ford and its supplier (Bosch) raised the air bag deployment threshold in Focus cars beginning in 2002, they did nothing to change the deployment threshold in 2000 or 2001 model year Ford Focus cars, so the same danger still exists for thousands of other consumers.
 
Ford air bag did not deploy: 2000 Ford Taurus – Driver fatality due to air bag failure to deploy
 
The driver of another vehicle in an oncoming lane veered into our client’s lane, causing a head-on frontal crash. Although the crash was severe, the driver air bag did not deploy, and the driver suffered lung, heart and other chest injuries that proved fatal. A download of the vehicle’s Restraint Control Module (the “black box”) documented the failure of the front crash sensor during the crash; inspection of that crash sensor revealed that its wiring had been cut. Evidence gathered during our investigation indicated that the air bag system was programmed in a way that “shut off” the airbag if the sensor wire were cut during an accident. Although this was apparently fixed in later models, this particular vehicle had not been recalled to correct this problem.
 

Mitsubishi seat belt and door latch defects: 2000 Mitsubishi Montero Sport – Passenger fatality due to partial ejection in rollover
 
The right front passenger in this sport utility vehicle (SUV) was involved in a rollover accident. Although properly seat belted before the collision, he was still partially ejected from the vehicle, and suffered fatal injuries. Our analysis revealed that rip stitching (energy management loop) in the seat belt tore open, allowing the seat belt to become ten inches longer during the accident, reducing the restraint from the seat belt. For a video showing the effect of rip stitching, please see our seat belt page and this video example. This rip stitching had previously been used for both the driver and front passenger, but had been removed only from the driver side of the Mitsubishi Montero Sport after it was criticized following independent crash testing. In addition, the front passenger door unlatched and opened during the rollover.
 

Chrysler van rollover and fire: 1999 Dodge Ram 1500 Van – Vehicle fire – fatal for rear passenger
 
A conversion van, modified for handicapped / wheelchair accommodation, rolled over several times after the driver swerved to avoid hitting an animal. The van ended up on its roof, but both the driver and rear passenger survived the accident. However, an engine compartment fire broke out during the accident, and the flames and smoke quickly spread into the passenger compartment due to a significant failure of the firewall and engine cover. Unfortunately, the wheelchair-bound passenger could not be rescued since the fire spread into the interior of the van so quickly. Our defect investigation revealed that the fire spread so rapidly because the engine cover failed to remain secure during the reasonably foreseeable rollover accident.
 

Dodge air bag failed to deploy: 1999 Dodge Ram 1500 pickup truck – Driver fatality due to air bag failure to deploy
 
The driver was involved in a single-vehicle accident, with the front of the pickup striking a tree. Although it was a fairly significant collision, the driver air bag failed to deploy and the driver suffered fatal blunt chest trauma injuries. Our investigation focused on the lack of an air bag sensor at the front of the pickup, since previous models of the pickup had used such a front sensor.
 

Dodge seat belt defect: 1998 Dodge Dakota – Driver severe injuries due to ejection from vehicle
 
The driver was forced to swerve to avoid a head-on collision and struck a large tree trunk. Although the driver was properly wearing his seat belt, he was ejected from the pickup truck when his seat belt unlatched and released during the accident. As a result, he suffered extensive bodily injuries and a closed head injury. Our research revealed that the truck used Generation 3 (Gen III) seat belt buckles that have a documented history of unlatching during crash tests – see our seat belt page for details. Although the seat belt was changed on later model years of the Dodge Dakota and Dodge Durango, Chrysler (DaimlerChrysler) never recalled the earlier models to replace their Gen III seat belt buckles.
 

Ford rollover defect: 1998 Ford Explorer – Driver severe injuries from partial ejection during rollover
 
The driver was cut off by a large truck, forcing her to swerve. Although properly belted, the driver sustained severe injuries to her face, legs and spine when she was partially ejected. Our investigation focused on the handling and stability issues recognized in the Ford Explorer, including a high center of gravity, narrow track width, and inappropriate suspension tuning. Also, the weak roof crushed during the rollover, contributing to two problems: the loss of survival space due to the collapse of the safety cage and also the reduced effectiveness of the seat belt system resulting from movement of the seat belt guide loop.
 

Chrysler air bag defect: 1997 Dodge Intrepid – Driver fatality due to air bag failure to deploy
 
Despite a head-on collision, the air bags failed to deploy. This caused the driver to suffer multiple blunt force trauma injuries, including traumatic brain injury (TBI), chest injury and internal injury, resulting in death. The collision severely damaged an air bag sensor installed in a plastic shell, rather than in a steel shell, which prevented it from sending a signal to deploy the air bags.
 

Ford van rollover defect: 1997 Ford Econoline E-150 – Driver ejection and severe injuries due to rollover propensity and inappropriate van conversion
 
This full-size van had an unreasonable risk of rollovers due to its high center of gravity, weight distribution and track width. As a result, the driver was unable to maintain control of the van when it began to swerve on the interstate, and the van rolled over. Our client, who was one of the passengers, was ejected during the rollover and suffered severe injuries to numerous parts of her body. Our investigation revealed that the design did not account for numerous commonly-accepted principles in the field of vehicle design. Furthermore, Ford did not provide adequate guidance and direction to the conversion company, resulting in a van that was not reasonable for consumers.
 
Toyota air bag defect: 1997 Toyota Camry - Passenger blinded by air bag

Our client was a properly seat-belted passenger in a 1997 Toyota Camry that was struck by another car that turned into her path.  Despite the modest crash speed, the air bags deployed.  The deploying passenger air bag slammed into the passenger's face, causing significant facial injuries and permanently blinding her.  We retained independent experts to test the Camry passenger air bag.  That testing documented that the air bag generally deployed at speeds approaching 250 mph.  However, quality control issues could raise the deployment speed to over 400 mph!  These speeds are well over the industry standard for limiting the risk of eye injuries from deploying air bags.  In fact, the evidence demonstrated that the danger zone for this air bag extended over two-and-a-half feet from the dash.  Thus, even normally seated and properly seat belted passengers were at risk of being blinded by the Camry air bag.  Our analysis of the crash test data also revealed that the air bag sensors could cause a late deployment, which could worsen injuries to the driver or passenger.

Chrysler clockspring defect prevents air bag deployment: 1996 Dodge Grand Caravan - Driver killed

Our client was the driver of a Dodge Grand Caravan, one of the Chrysler minivans.  Although he was involved in a severe frontal accident, his driver air bag failed to deploy and his seat belt unlatched during the accident, causing him to suffer fatal injuries.  The passenger air bag did deploy, even though there was no passenger.  This combination is one of the typical symptoms of a clockspring defect.  Our investigation revealed that the clockspring, located under the driver air bag and steering wheel, was defective.  Although it was included as part of a safety recall, Chrysler never sent the recall  notice to our client.  Chrysler admitted that this same defect may have existed in about a million-and-a-half Chrysler minivans (Dodge Caravan, Dodge Grand Caravan, Plymouth Voyager, Plymouth Grand Voyager, and Chrysler Town & Country) from the 1996 to the 1998 model years.  We also discovered that clockspring defects affected numerous other Chrysler models, including those from more recent model years.

Hyundai loss of control: 1996 Hyundai Accent - Driver paralysis due to handling and stability / suspension issues

A young lady was headed home from a camping trip in Maine when a deer suddenly jumped out into the road directly ahead of her.  Problems with its front suspension did not allow the Hyundai Accent to properly respond in this emergency situation, and the vehicle veered left and struck a guardrail.  During the crash sequence, the young lady's head was propelled into the "A-pillar", which is the post separating the windshield from the front door, and she suffered a devastating spinal cord injury.  Our investigation revealed that the underside of the vehicle's front end, including the suspension components, were severely rusted.  Additionally, the sway bar was separated from its attachment to the control arm, degrading the Accent's handling and stability.  Further investigation revealed several recalls relating to rusting and corrosion of front suspension components; one of those recalls was conducted years earlier in Puerto Rico, but not within the United States at that time.  Had the recall been conducted in a timely fashion, the Accent would have been brought in for service, and the sway bar defect would have been corrected.  This case also implicated the lack of padding inside the vehicle, even though such padding was feasible, and was implemented in later model year Accents.

Kia seat belt failure: 1996 Kia Sephia – Driver paralysis due to seat belt buckle release
 
A young man was involved in a head-on collision in Georgia. Although he was properly wearing his seat belt, the defective buckle unlatched and opened during the collision. As a result of the seat belt failure, he suffered severe neck injuries that resulted in paralysis. Our investigation revealed that the seat belt buckle allowed “false latching”. This means that the seat belt “clicked” when the latch plate was inserted into the buckle, even when the seat belt was not fully latched and could pull out during an accident. Our testing revealed that the seat belt buckle was defectively designed, requiring changes to its internal mechanisms and cover.

Cases on which we are currently working include:

  • 2008 Jeep Wrangler - airbags failed to deploy and seat belt failed to protect the driver, causing fatal injuries
  • 2005 Cadillac CTS - failure of side curtain air bag to deploy in rollover accident; failure to equip with rollover sensors
  • 2004 Chevrolet Suburban - lack of side air bag deployment during side impact, causing fatal injuries to passenger
  • 2004 GMC Envoy - driver seat and other defects caused driver paralysis
  • 2003 Buick Century - air bag failed to deploy and seat belt failed to protect the driver, leading to fatal injuries
  • 2000 Jeep Wrangler - properly seat belted driver ejected even though seat belt still buckled after the accident; lack of ESC
  • 2000 Toyota 4-Runner - lack of ESC and laminated glazing led to traumatic amputation of the driver's arm
  • 1997 Plymouth Grand Voyager - clockspring defect; driver air bag failed to deploy in head-on collision, and seat belt failed to restrain, leading to fatal injuries 
  • 1994 Nissan Altima - passenger blinded by untethered and over-powered passenger air bag