Pennsylvania Injury Lawyer Blog

USA Today reports that engineers at Ford Motor Company have begun creating a child-sized digital model to give them a better understanding of what occurs to a child’s body in a car accident, and how accident forces affect children differently than adults.

To build the digital child model, researchers are using MRIs from children to recreate a child’s internal organs, bone structure, and brain. Adult digital models were used starting in 2004 and took over 10 years to create. In contrast to crash-test dummies, digital models are specifically used to develop the safety restraint system, while crash-test dummies are used to measure accident forces in actual crash testing. Ford hopes that the digital child model will help the company design vehicles that offer younger passengers better protection in the event of a crash.

According to the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are the leading cause of death for children between the ages of three and 14 in the United States. In 2008, the NHTSA reports that 968 children age 14-years-old and younger were killed in motor vehicle accidents in which they were vehicle occupants. This accounted for approximately three percent of the 37, 261 total traffic accident fatalities that year. An additional 168,000 from this age group were injured in traffic accidents in which they were vehicle occupants, accounting for about eight percent of the total traffic accident vehicle occupant injuries. On average, these statistics result in four children, age 14-years-old and younger, killed and 529 injured in motor vehicle accidents nationwide in 2008.

All vehicle manufacturers have a legal duty to design, create, and sell vehicles that offer occupants a vehicle that is exceptionally safe and not poorly designed or defective. At Anapol Schwartz, our Philadelphia automobile crashworthiness lawyers have successfully aided clients who have been injured by a wide variety of vehicle design defects, including car seat failure, defective air bags, faulty tires, and more. To learn how our attorneys can help you receive compensation from a negligent manufacturer, call 1-866-735-2792 today.

Recently, the Insurance Institute for Highway Safety (IIHS) announced it will petition the U.S. Department of Transportation for stronger regulations regarding the underride guards on semi-truck trailers, according to The Wall Street Journal.

The metal frames that hang below a large truck’s rear-end are referred to as underride guards, often called underriders. They are designed to protect motor vehicle occupants by prohibiting vehicles to slide beneath trucks in the event of a rear-end collision. These guards are required to be on the backs of most large trucks in the U.S. However, the IIHS reports that the guards are not strong enough to withstand force impacts that are typical of an average collision. The IIHS also believes the federal rules that dictate the use of underride guards are not strict enough.

The current underride guard standards went into effect in 1998, with the intent to prevent motor vehicles from going under trucks in the event of a rear-impact collision. However, testing showed that the guards can fail at accident speeds as low as 35 mph, putting passenger vehicle occupants at great risk. In these accidents, the vehicle’s windshield is at the main point of impact, and even vehicles with high safety ratings offer occupants little protection when underride guards fail. According to the IIHS, the upper part of the vehicle’s occupant compartment may crush due to the body of the truck intruding into the vehicle’s safety cage in these instances.

There has been debate regarding the underride standards for trucks since the early 1970s. As early as 1976, IIHS crash testing showed there were issues with the strength deficiency of the guards. However, even today, many large trucks aren’t covered by the standards for underride guards and some trucks are not required to have the guards at all.

The personal injury attorneys at Anapol Schwartz have a long, successful history of helping injured victims obtain the compensation they need after they are injured by a poorly designed or defective product. To learn how we can help you with your auto product liability case, call 1-866-735-2792 today.

Ford Motor Co. is recalling about 150,000 F-150 pickup trucks model years 2005-2006 due to the risk of air bags deploying without warning. According to a Daily Finance article, the air bag defect has caused dozens of injuries. The National Highway Traffic Safety Administration (NHTSA) reportedly requested that Ford recall 1.3 million F-150 pickups from the 2004-2006 model years after receiving complaints from dozens of consumers about unintentional air bag deployment causing injury. The agency is currently evaluating the recall to determine if it is too limited.

The NHTSA investigation of the Ford F-Series pickup trucks, which has been continuing since September 2009, revealed that air bag deployment without warning has led to injuries that included chipped and broken teeth; cuts to the arm, hand, and face; lacerations; minor burns; and two owners reported loss of consciousness.

Ford had originally resisted recalling the pickup trucks, claiming the number of incidents was low and injuries were minor. The automaker also believed that consumers were given proper warning with an illuminated air bag warning light that informs motorists that the vehicle should be serviced.

The Ford pickup truck recall is expected to start in the beginning of March and consumers will be notified about going to their dealer for repairs.

Air bags are an important vehicle component in ensuring the safety of vehicle occupants if an accident occurs. Air bag design and manufacture is expected to be efficient and thorough to make sure that air bags do not deploy unexpectedly or at greater speeds than what is determined to be safe. Defective air bags can cause vehicle occupants to suffer severe injury or death. If an air bag defect is determined to be the cause of an accident or vehicle occupant injury or death, automakers can be held liable.

At Anapol Schwartz, our Philadelphia air bag defect lawyers have years of experience protecting the rights of individuals injured and family members of those killed because of defective auto parts. We are committed to ensuring that injury victims receive the compensation they deserve from negligent parties so that they can move on with their lives and receive the medical care they need. To learn more about your legal rights and options, contact our firm for a free consultation. Call 1-866-735-2792 today.

A recent article on PennLive.com highlights the effectiveness of Pennsylvania’s vehicle inspection program. On average, about 11 million motor vehicles are inspected by mechanics in the state. Recently, the state’s neighbors, Washington D.C. and New Jersey, have ceased their inspection programs, citing that irrefutable evidence does not prove that they are essential. However, Pennsylvania state officials believe otherwise.

A 2009 report ordered by the Pennsylvania Department of Transportation (PennDOT) concluded that research clearly demonstrated that the state’s Vehicle Safety Inspection program is successful and saves lives. According to the report, without the inspections, the number of fatal traffic accidents in Pennsylvania would potentially increase by between 127 and 169 every year.

Safety inspections are mandatory in less than 20 states in the U.S., which is down from a peak of about 31 several years ago. In 1976, the federal government lost its ability to enforce safety inspections on the states, and soon after, states began to abandon the safety inspection programs. At this time, Pennsylvania does not have any plans to stop its inspection program, a spokesperson for PennDOT states.

An additional study by Missouri, which does require vehicle safety inspections, found that one in 120 fatal accidents in the state involved a vehicle defect between 2006 and 2008. In contrast, one in 84 fatal crashes involved a vehicle defect in states that do not require safety inspections or have limited safety inspections.

The cost of a vehicle safety inspection in Pennsylvania varies, and a spokesperson for PennDOT notes the cost is driven by the market, and not the state. The average cost of an inspection runs from around $16 to $23. Adding to the cost is emissions testing, which costs about $40. In total, it is estimated between $267 and $621 million is paid by New Jersey residents to have vehicle safety inspections completed.

Thankfully, Pennsylvania has chosen to do its part to protect the safety of all motorists on the road by requiring state residents to have their motor vehicle inspected on a regular basis. These inspections help reduce the number of unsafe vehicles that are on Pennsylvania roads, which helps prevent fatal traffic accidents. Although the state’s Vehicle Safety Inspection program does not guarantee that all unsafe, defective vehicles will be prevented from use; anyone who is injured in an accident involving a vehicle that malfunctioned or has a flawed design would be advised to consult a Media, PA auto product liability attorney to learn their legal rights. Contact the lawyers at Anapol Schwartz today for a free consultation.

Recently, lawyer Larry Coben from the law firm of Anapol Schwartz talked with Tracy Davidson from Philadelphia NBC 10 to discuss car seat safety. Mr. Coben has practiced law for over 30 years as a personal injury attorney. One of his most notable cases was won against General Motors in which he helped a client obtain a $26 million verdict against the manufacturer for the passenger’s seat back defective design, which had failed in a rear-end car accident. The defective seat caused the passenger to be thrown to the back seat and became a quadriplegic as a result.

The news clip highlights the potential dangers car seats can pose to all occupants in a motor vehicle during a crash. Many people may not be aware that car seat backs can fail, which entails the collapse of a front seat in a car, which can not only injure the person in the seat, but anyone in the backseat. Engineers believe the poor quality of car seat crash performance is due to the almost laughable car seat safety standards that have been in place since 1968. Manufacturers are required to produce car seats that can withstand a static test of 3,300 inch pounds of pressure. It is a rather flimsy test that essentially just pulls on the seat. The test does not adequately test what actually occurs in crashes.

In the video, engineers tested a beach chair as well as a chair made of cardboard using the same standards that are used to test car seats. Both chairs passed the test.

It should be noted that some car manufacturers do test their seats using more rigorous testing than the federal government requires; however, all consumers need to be aware of the potential dangers car seats can pose in an accident and be aware of the laxity in testing standards. There is no question these standards need to be improved to prevent serious injury from occurring.

Mr. Coben recommends consumers purchase vehicles that have seats where the seatbelt is actually built into the seat itself, as is the lap belt. These types of seats are required to be stronger and can withstand more pressure in a crash. This is because these car seats have to pass stronger tests for the seatbelt.

You can watch the video in its entirety here.

If you have been injured because of a car seat failure in a car accident, talking with an experienced and knowledgeable personal injury lawyer can help you conclude whether you have a case against a car manufacturer.

Electromagnetic interference (EMI) is being taken into consideration by the National Highway Traffic Safety Administration (NHTSA) as a possible cause for the influx of acceleration-related vehicle issues plaguing Toyota Motor Corporation and its vehicles. The issue was recently highlighted in a usatoday.com article that discussed the problems associated with EMI and how auto manufacturers have known about these issues for quite some time. While faulty floor mats and gas pedal malfunction have been the more closely examined causes of unintended acceleration in Toyota vehicles, EMI could end up being cited as a contributing factor in at least some crashes which, at this point, have not been assigned a definite cause.

The theory of EMI explains that electronic devices emit a certain amount of electronic radiation, and it may be possible for that radiation to interfere with electronic control systems that all modern day cars now rely on. In regard to the unintentional acceleration issue, it is being examined whether or not the electronic throttle systems in Toyota vehicles are experiencing interference which is causing them to malfunction. However, regardless of whether or not this issue or another is found to be the cause of motorist accidents involving Toyota vehicles, it is safe to say that negligent action of some kind may be greatly contributing towards the numerous auto vehicle recalls that seem to be taking place on a weekly basis.

Continue reading "NHTSA Investigating EMI as Possible Cause of Toyota Acceleration Issues" »

A 61-year-old man from Derry recently lost control of his vehicle in Westmoreland County. Reportedly, the man had just purchased a 1965 Pontiac GTO and was on his way home when the car suddenly failed to stop, came to rest on railroad tracks, and was then struck by a Norfolk Southern freight train. The operator of the train did attempt to apply the train’s brakes prior to striking the car, but was unable to stop in time. This incident marks the third fatality involving a train to have taken place in Derry since this past summer.

According to Pittsburgh’s ABC affiliate, WTAE-TV channel 4, the man was able to bail out of the vehicle prior to the collision, and was found about 40 yards from the scene of the accident. It was determined that the 61-year-old died at the scene from blunt force head trauma. Police are investigating the accident and trying to determine what exactly went wrong with the vehicle. In accidents where vehicle malfunction plays some sort of contributing factor, it is important to attribute any instance of negligent action to the appropriate party so that they can be held liable for their actions. Although the vehicle involved certainly wasn’t brand new, the man involved in the accident had purchased the vehicle the very day that the accident took place. Whether or not the seller of the car knew that there was something wrong with the vehicle is yet to be determined.

Continue reading "Derry Man Dies After 65' GTO Fails at Railroad Crossing" »

It was reported on the website sfexaminer.com that families of the 10 people killed when a semi truck smashed into stopped cars on the Will Rogers Turnpike in Oklahoma have decided to file a joint lawsuit against several defendants. The defendants mentioned in the lawsuit are the driver of the truck, his employer, Associated Wholesale Grocers, ACE American Insurance located in Pennsylvania, G.D. Transport out of California, their insurer National Liability and Fire Insurance Co. located in Nebraska, Rajeev Sharma a resident of California, and Erin Alf who is from Texas.

At approximately 1:15 p.m., the 73-year-old truck driver slammed his big rig into the cars while cruising at 70 miles per hour. Oklahoma Highway Patrol reports that the driver made no attempt to avoid the devastating collision. The lawsuit contends that the driver was rushed by his employer Associated Wholesale Grocers to make a delivery and forced him to work beyond what is deemed safe and lawful. The two residents mentioned in the lawsuit were the drivers of another tractor trailer involved in the collision that had stopped traffic on the turnpike when unfortunately the worst case scenario occurred. G.D. Transport is their employer and they are accused of not training their drivers properly.

A lawyer for the plaintiffs said the grieving families acted this way as “a means of obtaining efficiency and economy in the administration and handling of the case, and demonstrates the enormity and gravity of the loss, and harm caused.”

Continue reading "Family Members File Joint Suit In Tragic Truck Accident That Killed 10 People" »

The website post-gazette.com reported that another big rig accident on route 22 in West Wheatfield claimed the life of an 82 year old man from Apollo, in Armstrong County. The man suffered serious injuries according to the authorities. He was immediately taken to Conemaugh Memorial Medical Center in Johnstown, where he was later pronounced dead of multiple traumatic injuries according to the Cambria Country Deputy Coroner. State police said the 82 year old man crossed over to oncoming traffic and hit the semi truck. The man stood no chance of surviving the impact, and there was a third vehicle involved which ran over a tire that became loose from the truck accident in Pennsylvania. That driver suffered minor injuries.

Accidents involving trucks account for over 130,000 injuries in the United States. There are 5,000 deaths each year and close to 35% of the injuries are catastrophic. Trucks over 10,000 pounds (semis and tractor-trailer) represent only 3% of all registered vehicles but are responsible for over 25% of vehicle related deaths. The most common causes of truck accidents are unsafe driving, driver fatigue, oversized loads and mechanical negligence.

Continue reading "PA Trucking Accident Kills Senior Citizen" »

Honda has recalled many models of its 2001 Civics and Accords for an airbag defect, which may cause serious injuries to vehicle occupants. According to this news report, a 26-year-old woman was nearly killed when metal fragments shot out of her Honda airbag during a car crash in April.

The metal shards from the airbag apparently cut two arteries in her neck and left her with a whole in her chest. What this woman, like many others in the country, found out was that the airbag that was supposed to protect her in the event of a car crash instead hurt and almost killed her.

Honda recalled these vehicles for a problem with a device that inflates the airbag on the driver's side, which produces too much pressure. This in turn can cause the device to rupture, sending metal fragments through the airbag. These sharp metal pieces can injure or even kill a driver during an auto accident. Consumers expect that the vehicles they purchase are safe and won’t pose any direct harm caused by a defective auto part.

Continue reading "Defective Honda Airbags Can Seriously Injure Drivers" »