When you consider a vehicle’s most important safety features, you might think of airbags or seat belts. That’s because many people don’t realize that seatbacks can fail, leading to a disastrous outcome. The National Highway Traffic Safety Administration (NHTSA) conducts regular research on automotive safety, with seatbacks being a primary cause of concern.
Defective seat backs can lead to serious injuries if the vehicle is involved in a car accident. The high impact in some collisions can lead to seatback collapse and significant front or rear seat occupant injuries.
Hiring a lawyer for cases involving seat back failures is essential to proving manufacturer negligence and securing fair compensation. Rosenfeld Injury Lawyers can handle the complex legal process and ensure you get the justice you deserve for your injuries and damages.
When to Hire a Back Car Seat Failure Attorney
Prompt medical attention and legal consideration should follow a seat-back car accident. Here are a few important steps to follow:
- Report the accident: Report the accident to the local police department as soon as possible. Call 911 and file an official police report.
- Receive medical care: Both the front and rear seat occupants can suffer significant injuries when the car seats don’t work as they should. Receive prompt medical care.
- Notify the insurance company: You will want to notify your insurance company of the accident.
- Contact a personal injury lawyer: A seatback failure lawyer can help you navigate your case. Contact a lawyer as soon as possible to protect your legal rights.
- Report the defective part: Reporting defective parts can help prevent further injury by notifying the manufacturer of a potential issue. You can file a complaint with NHTSA [1].
Types of Serious Injuries Following a Seat Back Failure
A defective seat back can lead to serious or fatal injuries. Here are some of the most common injuries caused by seatback failures.
Spinal Cord Injuries
Car accidents often lead to a high-impact collision, slamming the driver and passengers forward. The high-impact crash can lead to spinal cord damage, which could leave the injured victim temporarily or permanently paralyzed. A spinal cord injury can prevent a person from working, affecting their income capability.
Head and Back Injuries
Head and back injuries are also common in seat-back failure car accidents. The victim may hit their head or neck on the seat back or other device, leading to damaged discs or nerves.
Additionally, if the front seatback fails, the front seat passengers may be thrown forward or into the back, causing severe head injuries to rear passengers. Severe head injuries may include traumatic brain injuries.
Broken Bones
Passengers may also suffer broken bones when the seat back doesn’t work properly. Broken bones may require numerous surgeries and lengthy rehabilitation and could leave the victim with lasting pain.
Other injuries commonly sustained in a seatback failure include whiplash, concussion, and chemical burns. Injuries are most likely to occur to the passenger sitting in or behind the defective seat.
Common Causes Seatback Failure
Seat-back failures can occur from a few primary causes.
Product Defects
Defective products can cause a seat back to not work as it should. Poor design, faulty assembly, or negligent installation may all lead to seat back failure. When car seat backs fail, they may no longer stay upright during a collision, sending front or rear seat passengers through the front windshield.
In some cases, the front seat occupant may be thrown backward, causing rear-passenger injuries.
Rear End Collisions
Rear-end collisions can lead to seat back failures, especially when the seats are made with cheap materials or improper structural components. In fact, seatback failure most commonly occurs when a driver is rear-ended.
The impact of a car accident causes the rear seat passenger to slam forward, causing the front seat to collapse. The front seat passenger may then be thrown forward through the windshield or backward to the rear seating, resulting in serious injury. Vehicles with bucket seats also tend to have more seat-back failure problems.
For this reason, the NHTSA has recommended parents place their children in rear-facing car seats behind an unoccupied seat in the backseat so they’re not at risk if the seat fails.
Liability in a Seat Back Failure Claim
Determining liability in a seatback failure may be important. Any of the following may be liable when seatback failure occurs:
- Car or part manufacturers: If seatback failure leads to injuries, the auto manufacturers or parts designers may be liable. Automobile safety experts have set safety standards for automobile seats, helping to prevent seatback auto accident occurrences. However, seatback failures can and still do occur.
- Other drivers: A rear-end collision is one of the most common causes of seatback failure. Another driver who rear-ends a vehicle through negligence, such as speeding or driving under the influence, may be held liable if the seatback collapses and causes injury.
- The driver: The driver could be at fault when seat back failures lead to injury. Even if the driver is responsible for the auto accident but not the auto defects, they could still be partially to blame.
It’s important to note some states practice a modified comparative negligence law. This means that multiple parties can be liable when an accident occurs, and you can still seek compensation through a personal injury lawsuit, even if you’re partially to blame.
For example, a driver who is texting and driving may be considered negligent if they rear-end the vehicle in front of them. However, if the seat back also fails due to seatback collapse, the auto manufacturer may also be responsible.
In comparative negligence cases, it may be even more important to work with a seatback failure lawyer. Our personal injury attorneys have many years of experience working with defective products, helping injured victims collect the compensation they need.
Recent Cases of Seat Back Failure and Recalls
Seatback failures aren’t new. Numerous automotive manufacturers have been found liable for seatback failures throughout history.
The National Highway Safety Bureau has been monitoring seat back safety since its first safety standard in 1966 [2]. Seat belt lock safety tests can even be traced back to 1987 [3]. However, it wasn’t until years later that safety advocates and auto safety experts began pushing for safer vehicle designs. Some of this may have been due to a few high-profile auto defect cases.
In 2012, a Texas family sued Audi after a rear-end crash caused seat back failure and left their young son with permanent brain damage. A jury ruled Audi’s seatback failure was responsible for 55% of the accident [4].
In 2018, a Texas jury found clear and convincing evidence of gross negligence, claiming Toyota failed to warn consumers of the potential of a front seat collapse during rear-end collisions. The lawsuit led to a $242 million settlement following a 2016 crash [5].
In 2019, Ford recalled more than 550,000 of its trucks and SUVs because of a problem with the seatbacks. The automotive manufacturer claimed the affected vehicles’ seatbacks may not properly restrain passengers if they were involved in a collision. Ford claimed the seatback failures were due to a missing pawl needed to withhold its strength [6].
Numerous advocates have been pushing for safer seat-back relegations for years, with some claiming current industry standards aren’t adequate [7].
It’s not easy to test the safety of seatbacks as a consumer. However, safety organizations, like the National Highway Traffic Safety Administration (NHTSA), test multiple crash safety features on new vehicles, including seatback designs.
Consumers coming forward to report an auto defect is also important to ensuring vehicle safety. Checking your vehicle regularly for recalls can also help avoid accidents from seatback collapses [8].
The Statute of Limitations for Seat Back Failure Claims
It’s important to note that seat-back failure lawsuits have a strict time limit, with the statute of limitations varying by jurisdiction. In many areas, injured victims must file a defective product liability case within a certain number of years from the date of the injury.
While this may seem like ample time, the deadline can approach quickly, and filing after the limit will make you ineligible for compensation. Additionally, building a strong case takes time, and waiting too long could result in the loss of crucial evidence, making it harder to identify liability in a seat-back failure case.
Damages Car Seat Failure Lawyers Can Help You Recover
Seat-back failures often lead to serious injury, putting you and your family in a difficult financial position. Rosenfeld Injury Lawyers works hard to help you recover the following damages after a seatback failure accident.
Economic Damages
Economic damages cover the financial consequences of seatback failure. Common economic damages include past medical expenses, future medical expenses, and lost wages. Economic damages may also help cover the cost of having the vehicle repaired.
Non-Economic Damages
Non-economic damages include the non-financial aspects of a seatback failure accident. Common non-economic damages include pain and suffering, loss of enjoyment of activities, or fear of driving.
Punitive Damages
Some accidents may also qualify for punitive damages, which are designed to punish the responsible party. Punitive damages may be awarded in a seatback failure crash if known auto defects caused passengers to be severely injured.
Contact Our Car Seat Failure Attorneys Today!
A faulty seat can cause severe injuries. When seat back failure occurs, the vehicle occupant—be it the driver, front, or backseat passengers—may all suffer serious injuries.
If you or a loved one has suffered injuries due to a car seat failure, it’s essential to seek legal guidance from experienced attorneys. Rosenfeld Injury Lawyers are dedicated to helping victims hold manufacturers accountable and recover compensation for medical bills, lost wages, and pain and suffering. With our deep knowledge of product liability law and a proven track record, we are committed to fighting for the justice you deserve.
Call us today at (888) 424-5757 or use our online contact form to contact our legal team.
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Resources: [1] National Highway Traffic Safety Administration, [2] National Highway Safety Bureau, [3] U.S. Department of Transportation, [4] CBS News, [5] CBS News, [6] Bloomberg News, [7] Safety Research & Strategies, Inc., [8] Pennsylvania Department of Transportation
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