You have probably seen the advertisements on television extolling the virtues of seat belts, how they are required by law and save lives more than any other safety feature on your car. But how true is it that seat belts save lives and are there instances when seat belts can cause you to be more seriously injured than if you were not wearing one? This is where a personal injury attorney comes in, to help you collect the compensation you deserve from your seat belt failure, which may have caused serious injury or the death of a family member.
Safety Statistics
The National Highway Traffic Safety Administration reported, in its 2008 National Occupant Protection Use Survey, that the percentage of people that use seat belts rose by one percent from the previous number of 89% in 2007 to 90% in 2008. This caused the fatality rate to drop significantly as well. In fact, the study reported that from 1994 to 2008 the fatality rate from auto accidents kept going down as the seat belt usage rate increased – from around 58% in 1994 to the 90% reported in 2008. So, one fact that your attorney may use is that seat belts certainly save lives.
Seat Belt Enforcement in California
As your attorney could probably tell you, enforcement for seat belt use in California is very serious, which in turns makes the law regarding the quality and functionality of seat belts just as serious. The seat belt law falls under section 27315 of the Motor Vehicle Safety Act, and the law states that everyone buckles up, with the only exception those who are riding in the backseat of a taxi, limousine or some buses. The fines in our state can run several hundred dollars for repeated offenses and the law is strictly enforced by police officers.
Dangers of Seat Belts
Poorly Manufactured Seat Belts
Sometimes auto makers use substandard materials to make seat belts or don't install them properly. This can cause them to malfunction and either trap you in the seat belt or not work at all. When a seat belt malfunctions you can potentially be injured further than if you had not been wearing the seat belt in the first place. This is why a personal injury attorney is vital to a case involving a malfunctioning seat belt, because it is the car manufacturers responsibility to make sure that your seat belt works to keep you safe.
Trapped By Seat Belts
If a seat belt does not release properly you could find yourself trapped by your seat belt. In a situation where you need to get out of the car right away this can be terrifying. Common cases that your attorney might find where the driver needs to exit the vehicle immediately are situations involving spilled and flammable gasoline, where the car could explode at any moment, or cases where the vehicle is submerged in water and the driver must get out and swim to the top to keep from drowning.
Seat Belts That Don't Work
Perhaps your seat belt released too easily from the mechanism, and caused you to be flung out of the car or freely move inside of the vehicle. This situation is more common than you think, and it can end very badly for the driver who was relying on their seat belt to function as it was intended. If your seat belt did not function properly and hold you in safely, then it may be time to contact an accident attorney about your collision.
Reasons Seat Belts Fail
Inertial Latching
One common manufacturer defect is the inertial latching problem that causes the above situation to happen. This happens when a seat belt is fully latched when driving but becomes loose or fully releases when an accident occurs. Although a car manufacturer may claim that the seat belts on their vehicle do not unlatch during an accident, there have been disturbing results from recent testing. Discuss whether or not you could have experienced inertial latching with your vehicle accident attorney.
False Latching
Another manufacturer defect that could cause you to be thrown from your car is the false latching. This is different from inertial latching in that it acts as if it is latched, but in reality it is not and a good jerk at the seat belt could pull it out. This can wear out over time or it can be a defect that exists even when the car is new.
Defective Webbing
Another problem with seat belts can be the webbing, or the actual material that the seat belt is made out of, minus the steel and plastic parts. The webbing can sometimes tear out of the box that the spindle containing the rest of the seat belt is stored in, or it can tear in another location causing the seat belt to fail completely.
Defective Retractor
If you have been in a serious accident where you were safely bucked in, you may have experienced a defective seat belt retractor. The retractor device has two functions. One it reels in the seat belt when there is slack, keeping it tight against you, and second, it is intended to stop you from moving at all when you are in a collision. The seat belt is supposed to lock when it detects movement to rapid to simply be the driver reaching for something in another part of the car or normal driving movement.
How to Tell If Your Seat Belt May Have Failed
There are a few ways to tell if your seat belt may have failed you in an accident. One is if you and another person in the car were both wearing seat belts, but only you were seriously injured. Another way to tell is if the seat belt was loose when you exited the vehicle, or were taken out by paramedics. A great way to know if your seat belt malfunctioned was if you find yourself unbelted after an accident, but you know that you put your seat belt on. There are several more ways to tell, and if you suspect that your seat belt failed, then you should contact a vehicle collision attorney right away and describe your situation.
The Job of the Personal Injury Attorney in Car Accident Cases
If you believe that your seat belt may have failed, or did not function properly, then you will want to contact an attorney specializing in car accident law right away. The manufacturer is responsible if seat belts do not work properly and you may be entitled to monetary damages for your injuries and repairs or replacement cost for you vehicle. The office of Ledger & Associates has more than ten years handling car accidents like yours.
