Philadelphia Car Accident Lawyer Blog

Many times, I receive calls from clients and attorneys who are involved in the litigation of airbag non-deployment and over-aggressive airbag cases. Many attorneys without substantial airbag defect experience incorrectly assume that just because the airbag did not deploy or deployed over-aggressively, there is an excellent product liability case. However, many non-deployment airbag cases are unable to be proven for several reasons. In order to be successful in handling a defective airbag case, the injuries must be serious enough to justify the considerable costs for independent experts and investigators necessary to successfully prosecute a successful claim against an automaker and supplier.

Most airbag defect cases are fiercely litigated and rarely settle. They require extensive expertise from the lawyers and experts interpreting, exploring, and investigating the case, and there may also be excellent reasons for non-deployment of an airbag.

If you have been involved in a car accident involving a defective airbag, you must preserve the evidence carefully and make sure that the vehicle is not repaired prior to getting any data from the airbag CPU. Normally CPU’s loop data recording and data is overwritten. When the airbag deploys, the event is written permanently. There may be good reasons that the airbag did not deploy except when necessary. All potential responsible defendants and their respective insurance carriers must be sent a non-spoliation of evidence letter.

Airbag deployment can cause serious injuries or death if the airbag deploys when the occupant is in the proper zone of inflation. Cases worth considering for defective airbags with over-aggressive or non-deployment of the airbag involve a belted occupant who has an injury severe enough to warrant significant expenditures to successfully prosecute the claim. Some of the injuries that should be considered by the client and practitioners prior to prosecution of an airbag defect claim are severe head injuries, brain injuries, cervical fractures, paralysis, death, and loss of vision; injuries that a proper deployment is designed to prevent. Many times, we are called upon to evaluate airbag defect cases where the injuries are minor and only involve burns or minimal scarring and we must respectfully decline to prosecute these airbag defect claims.

The burden of proof in an airbag defect case requires being able to causally connect the injuries to the defect, which can be quite time consuming and expensive for the practicing attorney, thereby necessitating injuries serious enough to warrant proper pursuit of the legal cause of action. Airbag cases require careful reconstruction and a trace back from the airbag sensors to see what went wrong and identify the specific airbag defect. Without evidence to analyze, successful prosecution of the case will be very difficult, if not impossible.

The Pennsylvania airbag defect lawyers of Reiff and Bily understand airbag defects and always offer a free, no obligation consultation to those involved in an accident involving a catastrophic non-deployment and over-aggressive deployment of an airbag. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Since 1979, the experienced Philadelphia car accident and auto product liability and automobile defect lawyers of Reiff and Bily have handled tens of thousands of car accident cases. Over the three decades of our legal practice, we began to notice more and more significant injuries and deaths to victims due to seat belt failures, airbag defects, tire defects, as well as seat back failures and motor vehicle crashworthiness issues. While many attorneys look for the easy “A” and fail to explore issues beyond normal negligence theories, we began to pioneer inroads into auto defects, automobile manufacturer failures, and design defects which resulted in significant catastrophic injuries and wrongful deaths. Of course, the learning curve was significant and the costs were quite expensive. However being curious lawyers committed to the best interests of our clients, we understood that there were many puzzles to be solved, and since have successfully resolved many cases against not only offending third party defendants or negligent automobile drivers but also against the automobile manufacturers and automobile component manufacturers as well. We practice car accident law with the same degree of intensity required for the most complex cases. We understand that when you put your mind to it, it can be done and further understand that chance always favors the prepared mind.

The Philadelphia car accident lawyers of Reiff and Bily are committed to automotive and motorist safety and always offer a free, no obligation consultation and a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Recently one of the major automobile manufacturers confidentially resolved a case involving brain damage to a driver who was at fault during the accident. Counsel was able to demonstrate that the failure to provide side curtain airbags and lack of side laminated glass caused massive head trauma and resulting brain damage when the vehicle experienced multiple rollovers. The attorneys were able to demonstrate that the technology to provide operating side-impact airbags existed long before this catastrophic incident occurred and that the automobile manufacturers simply decided that it was not necessary to place side curtain airbags in the vehicle or provide glazed or laminated glass when in fact the same was being provided in other countries. Obviously, the automobile manufacturer felt that they could make more profits by their actions.

At the Philadelphia car accident and automotive product liability and airbag defect law firm of Reiff and Bily, we understand that safety is priority number one. If you or a loved one had been involved in a car accident involving an airbag failure defect, it costs nothing to contact one of our experienced airbag and auto product liability lawyers for a free, no obligation consultation. We are experienced in thinking “out of the box”. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

Since 1979, I have been actively investigating and litigating catastrophic motor vehicle accidents that result in life altering injuries and wrongful death. My original car accident law practice progressed over the years into the area of auto seat back failure, airbags defects, restraint system failure, and crashworthiness, and I have learned that when someone is catastrophically injured in a car accident, there is often more than meets the eye and you must carefully investigate and reconstruct the accident to investigate for product defects. In many car accident cases involving vehicle rollover or severe collisions there will be failures of restraint systems, seat back failures, roof crush, and crashworthiness issues. One of the key issues in a vehicle crash is containment of an occupant within the vehicle, and when a victim is vehicle ejected, often times there is a failure of one of these factors. Car seats must be properly and safely designed with adequate strength so as to avoid deformity and failure in the event of a collision.

A seat belt must protect the victim rather than spool out allowing for ejection from the vehicle. Many seat belts we have found are equipped with inadequate pre-tensioners when there are safer designs with sensors that would activate in the event of a rollover collision. Many times seat belts are not attached properly within the vehicle and windows are not glazed and are inadequate creating a portal for occupant ejection. Obviously, many car accident lawyers do not possess the experience, knowledge, or skills of biomechanics, occupant kinematics, occupant restraint, seat design or accident reconstruction experience necessary to successfully prosecute a serious case.

The experienced automobile defect and car accident lawyers of Reiff & Bily have recovered hundreds of millions of dollars for over three decades and are not afraid to think outside the box. The resulting injuries from car accidents are not always solely caused by negligent drivers.

Lack of child restraint systems or improper use of child restraint systems greatly increases the chance of traumatic brain injury, injury to the internal organs, fractures, and unfortunately even death. Although there is no uniformity of laws governing infant seats in all 50 states, there is uniformity and universality in the thought that all responsible parents want to protect their children from harm or death. The safest place for any child in a motor vehicle is in the back seat of the vehicle. All children between ages 4 and 8 who weigh under 80 lbs. should sit in a booster seat. In the Commonwealth of Pennsylvania, the law requires that all children under age 4 ride in a federally approved car seat appropriate for the child’s age, height, and weight. While airbags are designed to prevent injuries, it is important that one never puts a rear facing infant restraint in the front seat of a vehicle with a front passenger airbag. A rear facing infant restraint places the infant’s head too close to the airbag module which can cause severe injuries, brain trauma, or death if the airbag deploys.

As an experienced vehicle and airbag defect lawyer who has handled tens of thousands of motor vehicle accidents, I have all too often witnessed the tragedy of airbag fatalities involving children as well as shorter individuals below the median height and weight. No doubt, the safest place for an infant to be seated is in the center of the backseat which also allows the driver to keep an eye on the baby in the rearview mirror. Studies indicate children under age 3 seated in the center of the back seat had nearly half the risk of injury in motor vehicle crashes than children seated in other positions. It seems that the center rear seating position is used less often by children and parents than safety indicates.

The Philadelphia car accident and airbag defect lawyers of Reiff & Bily are committed to consumer safety. If you or a loved one has been involved in a motor vehicle accident resulting from a defective airbag or safety restraint system, we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.