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Car Defects: The Concept of "Crashworthiness"
The most important concept in vehicle defect cases is "crashworthiness" -- the ability of a vehicle to prevent injuries to the occupants in the event of a collision. During a collision, a vehicle's occupants are subject to a number of forces that can result in injury, including rapid deceleration and rapid acceleration, depending on the direction of impact in the collision. Crashworthiness deals primarily with the "second collision" that results from these forces, in which the driver and passengers collide against the interior of the vehicle. An effective crashworthy vehicle design will distribute these injurious forces over as great a period of time and distance as possible, including by directing them to parts of the body that are more capable of withstanding them.
Crashworthiness features, which are designed to minimize occupant injuries, prevent ejection from the vehicle, and reduce the risk of fire, include: seat belts; crumple zones; and, airbags (including side impact protection).
Liability Based On "Crashworthiness"
It is key to remember that the cause of the accident is usually considered irrelevant in crashworthiness cases, but that the concept can be used to hold a vehicle manufacturer liable for injuries sustained in a car accident because of a defect that was not the cause of the accident, but caused or made worse the injuries suffered in the accident. Basically, crashworthiness is concerned with whether the manufacturer designed the vehicle and its components so that it is safe for any reasonably foreseeable use. A vehicle's reasonably foreseeable use includes the possibility of its involvement in a collision; therefore, a manufacturer's duty extends to the design of a vehicle that is reasonably safe should a collision occur. Injuries caused by a vehicle's crashworthiness are considered (and can be compensated) apart from the injuries that were caused by the accident itself. This distinction can prove to be a little difficult when it comes time to prove your injuries and their causes, especially when it comes to medical proof of the extent of an enhanced injury beyond the injury that could have been expected if the vehicle had been crashworthy.
FAQs
- I was injured because of a brake defect in a used car I bought. May I recover from the dealer?
- May the law help me if I bought a product on credit that is defective or not provided, or if there is a billing error or if the merchant has breached a contract with me?
- Our neighbors have a vicious watchdog. We are scared to death that the dog will bite one of our children, who often wander into the neighbor's yard. What can we do?
- We live near a site where a gasoline company stores its flammable liquids. Would we be able to recover damages if an accident were to occur?
- A disclaimer that came with the lawn mower said the manufacturer did not warranty it in any way. Will that defeat our claim?
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