A Defective seat belt lawyer can press your case

If designed, installed and used correctly, seat belts save lives. The primary reason seat belts save lives has to do with the physics of mechanical forces produced during an automobile accident. However, seat belts, if not designed, installed and used properly, can cause serious injuries in a motor vehicle collision.

If you have been injured in an accident as a result of the negligence of others, call our office for a FREE consultation at 1-800-505-1414, or fill out our FREE case evaluation form.

There are millions of motor vehicles on the road today that have defective restraint systems and seat belts. The auto manufacturers have been aware of these defects for decades however, have done nothing to warn the public or change the design of their seat belts to make them safer.

Some examples of defective seat belts include:

Seat belts are an important safety feature in all vehicles and consumers depend upon them to keep them safe during a traffic accident in most cases they do. If you or a loved one have suffered from seat belt related injuries in a car accident or motor vehicle collision, contact an experienced traffic accident lawyer to assist you.

Jim S. Adler & Associates - Do seat belts really save lives?

According to the NHTSA, seat belt use has saved more than 135,000 lives since 1975 (an estimated 11,197 in 1999). Research has shown that seat belt use is responsible for a decrease in the chance of fatal injury while in passenger cars and light trucks by 45-65%. Infants properly restrained in child safety seats have a decreased fatality rate of 71%, and toddlers have a decreased fatality rate of 54%. Unfortunately, 30% of children are still not restrained properly.

How can I ensure that my children are buckled up safely?

The National Highway Traffic Safety Administration and The National Safety Belt Coalition both publish safety information for proper use of child seats and safety tips for protection of children that no longer use child seats. The National Highway Traffic Safety Administration also publishes child safety seat RECALL information as well as child safety belt laws.

I was in an auto accident and was injured because my seat belt was defective. What can I do?

You may be entitled to compensation from the manufacturer if the seat belt was truly defective. A Lawyer specializing in Personal Injury Law would be able to answer your questions.

What is the difference between primary and secondary seat belt laws?

Primary seat belt laws allow officers to stop and ticket the driver for not having a seat belt on or if the passengers don't have seat belts on. Secondary seat belt laws give the officer authority to ticket for not wearing seat belts only after he has stopped the vehicle for some other infraction.

Automatic seat belt injury and death lawsuits

Automatic seatbelts also known as motorized seat belts have been installed in tens of thousands of vehicles. Most automatic belts come with a manual lap belt that the driver or front seat passenger must remember to also belt. Some automatic belts came only with a shoulder belt with no manual lap belt. These automatic safety belt systems have killed hundreds and will continue until they are all recalled and fixed.

Automatic seat belt defect - People forget the lap belt

The first to sell automatic seat belts was Volkswagen, with the 1975 VW Rabbit, which had a door-mounted automatic shoulder belt (BUT NO LAP BELT).   Immediately the injuries began.   Upon front impact, the occupant's torso slipped under belt, but the head and necks catches on the shoulder belt, essentially "clothlining" the occupant, causing broken necks, spinal cord injuries and death.   Unfortunately, some automakers, including Hyundai, continued to equip vehicles with shoulder only belts up through 1989 with the Hyundai Excel.   Later many automakers included a manual lap belt with the automatic shoulder belt.   The problem with this "improvement" was most consumers forgot to wear the manual lap belt and while some didn't even know thier vehicles had them.   The injuries to the occupants continued, as more and more of the automatic shoulder belts with no lap belts, began to appear in many of the late 1980's and 1990's.   As the DOT pushed forward with the passive restraint rules, the automakers concentrated on developing automatic belts that were easier to use but were less protective and less expensive than air bags.

Automatic seat belt system - A defective and deadly design

As automatic belts came into use, their defects and failures became apparent.   Automatic shoulder belts with separate manual lap belts had very low lap belt use rates because the automatic feature of the shoulder belt engaging lulled occupants into forgetting to buckle their lap belts.   The more cumbersome door-mounted belts were often detached by the users rendering them ineffective. The shoulder-strap-only belts often caused serious neck injuries and even decapitated occupants; and door mounted belts completely failed to protect when doors opened in crashes, as they do 10% of the time.   The failures of automatic belts are showing up in a growing number of personal injury lawsuits that will soon grow into a flood.

Jim S. Adler & Associates - When to suspect a seat belt defect

Seat belt performance and potential effectiveness is highly dependent upon the facts of an individual accident. While it is difficult to generalize, the following is a list of examples that might indicate a seat belt problem:

• Both serious and non-serious injuries to belted occupants of the same accident. For example, if one belted occupant walks away while another belted occupant is paralyzed or suffers a serious head injury.
• An injured occupant is found wearing a loose-fitting seat belt. This could indicate the presence of excess slack.
• An occupant is found unbelted but either the occupant or other passenger insists he or she was seat belted. This could indicate inertial unlatching or false latching.
• An occupant in a frontal collision makes contact with the windshield. This might indicate the presence of excess slack or retractor failure.
• A seriously injured belted occupant in a vehicle with limited structural damage. For example, if there is limited roof crush and limited intrusion into the occupant compartment during a rollover yet a belted occupant sustains head or neck injuries.
• Serious injuries in a minor to moderate collision. When a restraint system works properly, occupants typically should not receive serious injuries in minor or moderate speed collisions.
• The seat belt webbing is torn or ripped or the seat belt is pulled loose from its anchors. This could be indicative of either a seat belt defect or some other type of vehicle defect.

Evidence that a seat belt failed because of design or manufacturing defects is often subtle and can be difficult to detect. If a belt failure is suspected, the most important thing to do is preserve the vehicle and the seat belt system since it is extremely difficult to prove that a seat belt failed without the physical evidence. Then consult an attorney about your options.

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In addition to its principal offices in Houston, Jim S. Adler & Associates has offices at City Place Building, 2711 North Haskell Ave., Suite 2100 LB40, Dallas, Texas 75204-2887;  San Pedro Plaza, 7330 San Pedro Ave., Suite 700, San Antonio, Texas 78216-6237; and Bank of America, 12605 East Freeway, Suite 400, Houston, Texas 77015-5619 (serving Channelview, Texas).