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Articles - September, 1997
September 2, 1997Status of Injury and Crashworthiness Consumer Information
September 2, 1997
September 2, 1997
September 2, 1997
Due to variables in data collection, testing, and human factors, consumer information
on vehicle crashworthiness is still in the developmental stage. Summarizing a chapter
from "Shopping for Safety: Providing Consumer Automotive Safety Information," this
article shares recent information on vehicle crashworthiness in different types of
crashes.
How Effective in Preventing Death and Injury Are Safety Belts and Air Bags?
Motorists rely on "occupant protection systems" such as safety belts and air bags to
save lives and prevent injuries in the event of a crash. This article examines results
reported by the National Highway Traffic Safety Administration (NHTSA) on the
effectiveness of such systems.
Nissan Liable When Defective Restraint System Contributed to Severity of
Plaintiff's Injuries
Evidence suggested that a Louisiana motorist fell asleep at the wheel of his vehicle
and, subsequently, ran off the road. The motorist sustained severe injuries to his
ankles. He sued Nissan Motor Corporation (Nissan), claiming his injuries would have
been minor had Nissan's restraint system not been defective. A jury trial in the
Sixteenth Judicial District Court, Parish of St. Martin found in favor of the plaintiff. The
jury concluded the restraint system in the Nissan was defective; however, they found
the motorist 84 percent at fault. The Court of Appeal of Louisiana, Third Circuit,
amended the assignment of fault, reasoning that Nissan's "fault should have been
assessed in relation to injury sustained, rather than cause of accident."
Compliance with Federal Standards Did Not Relieve Child Restraint Manufacturer
from Liability Under Common Law
Kayla Wohl suffered severe injuries when her head struck the hard plastic side of an
Evenflo child restraint seat during a vehicle crash. The infant's mother, Susan Ann
Wohl, brought a product liability suit against the manufacturer of the seat, claiming the
child restraint seat was "negligently designed and unsafe for its intended purpose
because sides were inadequately padded." Alleging that the claim was preempted by
the National Highway Traffic Safety Act (Safety Act), the manufacturer moved for
summary judgment. The Circuit Court of Multnomah County agreed. When the infant's
father appealed, the Court of Appeals of Oregon reversed the trial court and held that
compliance with the Safety Act did not exempt any person from liability under common
law.
negligence, appeals, highway, traffic, expert.
Edge drop, accident, collision, crash, edgedropoff, road construction, signs, signals, traffic control devices.
Accident Investigation, Expert Witness, Injury Litigation, Liability, Court, Roy Anderson, Transportation, National, Travel, law, legal, federal highways, road construction.