Philadelphia Car Accident Lawyer Blog

Believe it or not, a recent survey indicated that over 78% of all drivers are improperly seat belted in their vehicle with improper shoulder belt position which means that in the event of an accident, the seat restraint systems will not perform as they were designed to prevent injury or death. When I first started to drive, I very rarely used a seat belt and as I have been practicing catastrophic motor vehicle accident law and automotive defect law with a concentration on airbag defects and seat back defects, I have learned that it is extremely important to always use a seat belt, as well as properly determine that the seat belt is properly positioned. Many people may not be aware of proper seat belt positioning and may not understand the likelihood of serious and permanent injuries that result from an improper seat belt fit. In many seat belt defect cases that we are called upon to investigate, manufacturers will initially try to state that the victim was not wearing a seat belt and then thereafter, if we can prove that a seat belt was worn, that they will many times try to argue that the seat belt was improperly positioned and the resulting injuries were due to a fault of none other than the victim. Even worse yet, if a child is injured, many defense attorneys will point the finger at the parents, claiming that the parents allowed the child to ride with a belt behind their back or under their arm or against their face and this situation naturally caused the injury.

A properly positioned seat belt is one that should be snugly fitted against the strongest areas of the body. Position seat belts low enough across the hips and pelvis and never across your stomach, particularly if you are pregnant. Position shoulder belts across the chest and across the hips and pelvis and never against the front of the neck or face or under the arms. Allow no more than one inch of slack in shoulder belts and always sit erect with the seat back straight as safety belts cannot work and cause injury in a crash if the seat back is reclined, if your back is away from the seat or if your legs are curled beneath you. It is important to have specially designed child safety seats to protect small children and infants.

The experienced seat belt defect, airbag defect, and Philadelphia car accident lawyers of Reiff and Bily are committed to automobile and motorist safety. 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.

The National Center for Statistics Analysis indicated that over a quarter of a million children are injured every year in car accidents which means that over 700 are injured every day while traveling on the roadways of America. Thousands of children are killed as a result of their failure to use a seat belt, seat belt malfunction, or the improper installation and usage of a child safety seat. Many times catastrophic injuries and deaths are caused by defectively designed or manufactured child safety seats despite all of the proper precautions being taken by responsible parents. The week of September 24th has been designated as National Child Passenger Safety Week, and many organizations such as AAA and local police and fire departments are offering safety seat and seat belt checkpoints.

As an experienced Philadelphia car accident lawyer for over 30 years who has also investigated and litigated many seat belt defect and child car seat defect claims, it is important that parents perform due diligence prior to purchasing and using a child safety seat. All children should remain in a child safety seat or booster seat until age 8 or older unless they are 4'9" tall. Statistics indicate that 4 out of 5 children age 6 to 8 who were killed in car crashes were improperly restrained or not belted at all according to a AAA study. In almost all auto seat defect cases, the manufacturers will claim that most parents improperly installed the seat and did not follow the manufacturers instructions. Unfortunately many times, sadly this is the case, and safety must never be an option whether it be by manufacturers of infant seats or by parents who take shortcuts in securing their children. Most car accidents occur 5 minutes from the home and all too often parents don’t give a second thought that their child seat may not be properly installed.

If you or a loved one has been the victim of a child seat accident, it pays to have a careful and detailed investigation of the facts to determine who is or may be responsible for resulting catastrophic injuries or wrongful death. The defective child seat and Philadelphia car accident law firm of Reiff & Bily has been litigating car accidents involving catastrophic injuries and wrongful deaths to children and defective child seats for over three decades and has recently joined forces with the Beasley Firm to create the Beasley Reiff Law Group. Together our skilled auto product liability and defective child seat lawyers have recovered billions of dollars on behalf of thousands of injured victims and their families since 1958. 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.