Roof crush victim wins record settlement

Every year, roof crush causes serious injuries (including paraplegia and quadriplegia) or claims the lives of approximately 7,000 Americans. The majority of accidents involve SUVs and larger vehicles, which are more likely to roll over in a single vehicle accident. Industry critics have for decades called for more stringent roof testing and stronger construction, but so far the auto industry and federal regulators have not taken significant action. In fact roof testing regulations and procedures in use today were first developed in 1971.

One victim of the industry’s lack of motivation to better-protect passengers suffered catastrophic injuries in a 1997 single vehicle crash. A woman, then in her 20s, accepted a ride home from a friend in his 1996 Chevrolet S-10 Blazer SUV. During the journey, the man lost control of the vehicle causing it to leave the road and roll over four times. The roof crushed down and into the victim, leaving the victim paralyzed from the neck down.

However it wasn’t until March 10, 2006 that a Nebraska court upheld the verdict of $18.6 million in damages initially awarded to the woman by a jury. GM had appealed that verdict, stating that alcohol had been a factor in the accident and that jury instructions were improper. The court denied the appeal, though GM stated that it will be “taking all steps available to seek relief from the court’s ruling.”

That may mean more waiting for the victim, a single mother of a 10 year-old boy. Currently they live on about $800 per month including Social Security benefits, disability benefits, and food stamps. Her lawyer estimates her future medical and assistance bills to total $10 million, obviously a sum that is out of her reach without this settlement.

Roof crush continues to be a major problem on our roads – and the biggest difficulty is getting the industry to admit that there is a problem in the first place. Automakers have long cited that lack of seatbelt use is the real cause of severe neck injuries that cause paralysis or death. Despite overwhelming evidence that the injuries are a direct result of the roof caving in on the victim rather than the victim hitting the roof, the industry including the National Highway Transportation Safety Administration (NHTSA) has traditionally denied the facts.

But finally, there may be signs that the industry is changing. In 2005, the NHTSA proposed new testing methods and stricter standards that would force automakers to strengthen vehicle roofs. Although this will not be a “silver bullet” solution, if the standards are met it could save the deaths and injuries of thousands of passengers every year.

If you or a loved one suffers from paraplegia or quadriplegia due to roof crush or any other type of auto accident, we can help you carry your financial burden. Medical bills for those paralyzed often jump into the millions of dollars, and most victims never return to work. Don’t be twice-victimized by having your rights denied. Contact a personal injury lawyer at Jim S. Adler & Associates today for a free case assessment. We’ll help you get the compensation you deserve to cover your bills and relieve your financial burden.

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