Archive for the ‘Car Safety Mini-Series’ Category

Supreme Court Rules That Federal Auto Safety Standards Do Not Bar State Court Lawsuits

Friday, February 25th, 2011

Despite its disappointing ruling on vaccine-related lawsuits earlier this week, the Supreme Court just decided another personal injury case that marks a significant victory for victims of negligently designed or manufactured automobiles.

In Williamson v. Mazda Motor of America, Inc., a unanimous Court held that state tort remedies are not preempted by federal minimum safety standards.  The Court found that lower courts had expanded such preemption too far in barring state law remedies for dangerous products. 

In Williamson, the victim was killed in a head-on collision because the rear center seat in the minivan she was riding in only had a lap-type seat belt rather than the safer lap/shoulder belt.  The state trial court dismissed the family’s product liability lawsuit against Mazda on the ground that it was preempted by federal motor vehicle safety standards, which allowed automakers the option of installing lap or lap/shoulder belts in the non-window position.  After the state appeals court affirmed the trial court’s decision to dismiss the case, the Supreme Court held that the regulation at issue only established a “minimum standard” and allowed a “continued meaningful role for state tort law.”

This decision will have a significant effect on millions of drivers throughout the country, including Florida residents involved in auto accidents, because over a million vehicles with this type of lap belt are still on the road.  In addition, this decision will likely be used to limit preemption of other minimum federal safety standards in future state court product safety lawsuits.

Keyless Cars May be Fatal

Thursday, February 17th, 2011

This morning’s broadcast of the “Today” show provided a grim reminder of the potential health hazards and personal injury risks in cars with keyless ignitions.  The show discussed the recent deaths of two Florida residents and a New York man in the past year from carbon monoxide poisoning when their keyless ignition vehicles, including a 2008 Lexus, remained running in their garages.  A fourth person suffered permanent brain damage.  A personal injury lawsuit has been filed in the New York case against Toyota, which owns Lexus.  More…

Car Safety Advances: The Painful Evolution of Safe Seatbelts

Wednesday, August 4th, 2010

This is the Third part of an Occasional Series detailing advances in automobile safety through the Civil Justice System

With the recent controversy over defective parts in Toyota automobiles, we here at Perenich The Law Firm felt it may be in order to let you know instances in the past where personal injury lawyers and car accident lawyers in our profession helped bring about important changes in car safety that were not previously regulated by the government.

Seat belts have long been an issue of great contention among the American public. However, for some, the question is not whether to wear the device or not, but defective devices that car companies knowingly installed in cars that went on to kill and injure victims of car accidents.

In one case, officials at DaimlerChrysler refused to follow the advice of their own engineers and used a dangerous model of seat belts that had at least 15 deaths and 18 serious injuries attributed to it. The design in question contained a seat belt release that consisted of a release button that protruded above the release button cover, and in instances of accidents, could be accidently depressed by loose objects or flailing arms. Although the engineers had identified the flaw and recommended to their superiors that newer, safer release buttons that did not risk the accidental depression, the officials decided to continue to use those potentially dangerous release buttons.

In different cases, the car manufacturer’s failure to install seat belts in the rear passenger seats, or the installation of the cheaper yet less safe “lap” seat belts were based on decisions from the executives that the changes weren’t necessary and that they could save $12 per car. This is another example of corporate greed taking precedence over the safety and well-being of the rest of the citizens.

At Perenich The Law Firm, we are proud to be part of the same Civil Justice System that has brought protection and peace of mind to every motorist on the roads in the country and here in Clearwater and the greater Tampa Bay area. As your Tampa Bay personal injury and car accident lawyers, we will serve you in times when corporations willfully put you and your loved ones at risk, and through our combined efforts, help create a safer society for the rest of the nation as well.

Car Safety Advances: The Dodge Monaco and Side Impact Safety

Tuesday, June 1st, 2010

This is the Second part of an Occasional Series detailing advances in automobile safety through the Civil Justice System

With the recent controversy over defective parts in Toyota automobiles, we here at Perenich The Law Firm felt it may be in order to let you know instances in the past where personal injury lawyers and car accident lawyers in our profession helped bring about important changes in car safety that were not previously regulated by the government.

A 1974 Dodge Monaco Police Car

A Dodge Advertisement for their Monaco Police Car, similar to the one driven by Mr. Dawson

Officer Richard Dawson of the Pennsauken Police Department (N.J.) was responding to a burglar alarm in 1974 when he lost control of his Dodge Monaco. In the resulting skid, the side of his car struck an unyielding steel pole, and although statements from witnesses and bystanders said that it at less than 26 miles per hour, the pole smashed through the car and crushed Mr. Dawson. The resulting injuries left him quadriplegic and in need of medical care constantly for the rest of his life.

In a court case that followed, the personal injury attorneys for Mr. Dawson argued that the design for the Dodge Monaco was defective, as it was unable to withstand impacts from the side even at relatively low speeds. The frame of the vehicle was non-continuous, as there was a 17-inch gap between the front and rear frames of the vehicle. Later evidence from the accident showed that the pole had slid down the length of the car body until it reached this gap, and then it tore through the car, resulting in the catastrophic injuries to Mr. Dawson. A continuous frame would have prevented such disastrous results.

Chrysler, the maker of the Dodge Monaco, claimed that it had no duty to make a “crash-proof” car, and indeed at the time, had followed all existing prescribed regulations. Such a frame, they said, would add $300 to the cost of the car, but the court disagreed and Chrysler was held responsible for the defective design. Thanks to the personal injury attorneys of Mr. Dawson, car manufacturers now routinely build their cars with strong continuous unibody designs that protect us, their consumers.

At Perenich The Law Firm, we are proud to be part of the same Civil Justice System that has brought protection and peace of mind to every motorist on the roads in the country and here in Clearwater and the greater Tampa Bay area. As your personal injury and car accident lawyers, we will serve you in times when corporations willfully put you and your loved ones at risk, and through our combined efforts, help create a safer society for the rest of the nation as well.

Car Safety Advances: The Ford Pinto and the Gas Tank

Wednesday, May 19th, 2010

This is the first installment of a new Occasional Series detailing advances in automobile safety through the Civil Justice System

With the recent controversy over defective parts in Toyota automobiles, we here at Perenich The Law Firm felt it may be in order to let you know instances in the past where personal injury lawyers and car accident lawyers in our profession helped bring about important changes in car safety that were not previously regulated by the government.

The Ford Pinto

A picture of the Ford Pinto. PHOTO: AP File Photo (1976)

Many still remember the Ford Pinto from the 1970s and the legal issues that followed it. When designed, the gas tank was not placed above the rear axle (as was common at the time) but instead behind the rear axle. This placed it only 9 inches away from the axle, and left the tank extremely vulnerable to collisions from the rear.

In 1972, Lily Gray and thirteen year-old Richard Grimshaw were travelling in a 1972 Ford Pinto when they were struck by another car travelling 30 miles per hour, and upon impact, their car burst into flames, in which Lily Gray was killed and Richard Grimshaw suffered severe injuries.

Ford Motor Co. had known about the design defects prior to this accident, and had commissioned a cost/benefit analysis to see what its options were. They determined that for only $11 per car (a total of $137 million for all of their affected cars), they could fix this potentially deadly defect. But, using data from the National Highway Traffic Safety Administration (NHTSA), they determined fixing these problems would result in a total of 180 less burn deaths, 180 less serious burn injuries, and 2,100 less burned vehicles. Using values from the NHTSA, the total “societal benefit” resulting from these changes would “only” amount to $49.5 million, and therefore it was not cost effective to proceed with the modifications.

Trial lawyers took Ford to civil court on behalf of the injured parties, but at the time, the fuel tank placement met all government standards. Technically, Ford had adhered to the regulations of the time. However, the courts found that Ford was indeed responsible to make a product that was free of preventable risks that could endanger individuals and society as a whole. The action brought through the Civil Justice System went on to spur new government standards that made cars safer for consumers.

At Perenich The Law Firm, we are proud to be part of the same Civil Justice System that has brought protection and peace of mind to every motorist on the roads in the country and here in Clearwater and the greater Tampa Bay area. As your personal injury and car accident lawyers, we will serve you in times when corporations willfully put you and your loved ones at risk, and through our combined efforts, help create a safer society for the rest of the nation as well.