Effects Of Seat Belt DefectsGiven how dangerous car accidents are, it is necessary that seat belts are as effective and safe as possible. There are many different ways that you can be involved in car crashes, such as head-on collisions, rear-end crashes, T-Bone accidents, side swipes, and more. The seat belt will keep you in place and prevent your neck from being drastically injured and will not let you get ejected out of the vehicle. There are regular injuries that can happen with seat belts though, such as burns from the fabric, lacerations, broken bones, and internal damages. The tightness of the belt paired with a high impact accident can contribute to your harm.
- Problems with latches and buckles that prevent the belts from clicking into place, locking, or staying still without dislodging in the event of an impact and pull
- Shoddy materials for the belt, such as easily torn fabric, belts that rip, and more
- Broken belts and belt parts, such as screws that don’t hold, locking mechanisms with broken springs, and more
- Spooling or slack belts, which may not be held in place and can create too much material that will not hold you in place
- Electronic failure, as some seat belts are controlled by computers or electronics; a defect with the program or battery can cause the seat belt to stop working
- Cuts and abrasions
- Internal organ damage
- Crushing injuries
- Brain damage
- Neck and spinal cord injuries
How To File A Claim For Injuries After A Seat Belt Failed To WorkIf you wish to file a lawsuit against a car company because a seat belt broke, you must show that there was an issue with the belt that you did not cause. A product liability claim can be filed against the manufacturer in addition to a lawsuit against the responsible driver in an accident. To do this, you must prove that there was a design error with the seat belt, a manufacturing defect that caused the seat belt to be broken or malfunction in some way, or that there were no warnings or hazard listings on the belt. If a large number of belts were tested and they turned out to have the same or similar issues, there could be a product recall from the company. However, there may not be any testing done in the aftermath of an incident. You may have an isolated case wherein your particular belt was poorly designed or had troubles. If so, you should file a defective seat belt lawsuit against the company. You can join a class action lawsuit if other individuals also suffered injuries from broken seat belts.
Learn more about your options for compensation by calling (213) 389-3765.If you wish to file a claim, you should take these steps: Get medical attention at once so you can be treated for your injuries, even if you do not feel like you were hurt. The paramedics can determine if there are any damages that you missed, especially if you were hopped up on adrenaline and didn’t notice the pain. It is also beneficial for your claim to not have a large gap between the date of the injury and the ensuing medical treatment. The longer you wait, the more likely it is that the insurance agent will throw your claim out or try to state that you were clearly hurt in another incident. Take pictures of your injuries, the damage to your car, the environment, and more. contact one of our seat belt defect attorneys so we can take the next step with you. We will write a demand letter dictating the occurrence and what we wish to receive as compensation, and we will send the evidence package and the letter to the insurance agency. It is very likely that the insurance agent will not give in immediately and will try to offer you a small amount of money, if anything at all, to walk away. We will work to negotiate a fair deal from the agent and won’t give up until we are satisfied. We always recommend pursuing legal assistance because of how difficult it can be to handle insurance agents, especially those of large corporations. You may not have any legal knowledge or negotiating experience, and the tactics the agent uses can be unfamiliar to you. You may also be severely injured and not well enough to go through such a legal battle. The stress of the lawsuit and arguments could heighten your stress levels and lengthen the time you spend recovering. Contact our seat belt failure attorneys for the best representation available.
Deadline to File a LawsuitIn California, you have 2 years from the date of the injury to file a product liability lawsuit against the company responsible for providing you with a defective item. If you do not file a claim within this period of time, you will be barred from receiving compensation in the future. The statute of limitations prevents claims from dragging too long before being filed and it allows both parties ample time to prepare evidence. There are a few ways in which the 2-year deadline can be extended, though. The most common concerns those who were younger than 18 years old. Minors cannot sue, and their statutes would not begin until they turn legal age. Additionally, you may have been injured to such an extent that you could not physically or mentally file a claim. This would allow your statute to be put on hold until you return to functioning health. To ensure that you file your claim on time, call our law offices for more assistance. We will not miss a single deadline with regards to your case.
Restitution for Your ClaimIf you have been injured because of a defective seat belt, you can receive ample compensation to cover the damages. The car company can pay for your bills and expenses stemming from the incident if you were hurt due to their error. We will strive to bring you every cent you need, including coverage for the following:
- Medical bills from the past and future for any treatments and medication you receive
- Property damage to fix or repair your items and personal belongings
- Missed income from absent days at work from the past and future
- Pain and suffering for mental anguish, PTSD, fear, anxiety, and psychological trauma
- Wrongful death damages in the event a loved one or family member passed away in the crash, which can include coverage for funeral and burial fees, loss of inheritance and savings, loss of consortium and relations, pre-death medical bills and pain and suffering, and more