September 2009 Archives

September 28, 2009

Unsafe Fuel Systems and Fuel-Fed Fires

pht24.jpgOne of the fundamental aspects of car safety design is to assume that accidents can and will happen. So when taking into consideration the design and placement of the most dangerous part of the car, the fuel system and fuel tank, it is important that it is properly placed and protected so as not to burst into flame, particularly following an accident. A single gallon of gasoline explodes with the same amount of force as eight (8) sticks of dynamite.

Despite this common sense logic it is alarming to know that there are millions of cars on our nation's highways and roads that have unsafe and defective gas tanks with fuel systems which are unable to endure even the slightest rear impact collision without bursting into flames. This well-known automobile phenomenon known as post collision fuel-fed fires (PCFFF) have the potential to cause severe burns, agonizing pain, and death, which can easily be avoided if manufacturer had designed the vehicle properly.

What constitutes unsafe fuel systems?

  • Fuel tanks placed on the side or in the rear where they can be easily punctured during a collision.
  • Placing fuel lines in positions where they can be ruptured during a crash.
  • The use of inexpensive and weak materials to connect the fuel tank to where the fuel is inserted into the vehicle (the fuel filler neck) causing the two to separate and fuel to pour out during a collision.
  • The use of unsafe materials to manufacture fuel lines, causing lines to decay or break during a crash.

An evasive maneuver triggered this rollover of a small SUV. The driver turned from the left hand lane into the right hand lane to avoid the car in front of him, then he turned back into the left hand lane. This classic double lane change maneuver was too much for the physics of the vehicle, the design of which features a short wheelbase. The driver was unable to maintain control, and even though he was driving the speed limit and wearing his seat belt, he suffered fatal injuries when the SUV rolled over. His passenger survived but sustained permanent injuries. This SUV rollover lawsuit recently settled. If you are interested in learning more about SUV rollover lawsuits, contact the attorneys of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C.

Why does this happen?

Companies have been known to cut corners and costs by choosing fuel tank and fuel system designs which are less expensive. These designs often sacrifice safety for corporate profit. Despite the fact that for the past thirty years there have been safer fuel system designs (that have been tested to withstand crashes at speeds of 70mph) automobile manufacturers stubbornly refuse to incorporate proper safety measures into their designs.

These companies feel that it is more cost effective to come to court to defend themselves in lawsuits rather then making the needed safety improvements in their vehicles.

Car Fuel Fire

In terms of crashworthiness, a fuel fire, such as that seen in Ford Crown Victoria fires, refers to a car fire that is fed by fuel leaking from the gas tank of a vehicle. While some car fires can be caused by wear and tear or design defects, most result from accidents. A car that sustains a significant impact may have the structural integrity of its fuel system damaged. If the gas tank or any of its hoses, connectors, or seals is damaged, fuel can spill and potentially ignite. The fuel fire produced can be very intense and may cause an explosion or vehicle fire.

A fuel-fed vehicle fire can cause serious injury or death to vehicle occupants. It is for these reasons that automobile manufacturers must follow certain safety regulations. Automakers who are negligent in their duties to protect consumers can be held liable for the damage done by defective products. If your loved one was seriously injured in a Ford vehicle fire or fuel fire, you may be entitled to seek compensation. Contact the lawyers of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C. today.

Van Fire

Similar to a car fire, a van fire is generally caused by the ignition of fuel leaked from a gas tank damaged in an accident. Of course vans usually carry more passengers than cars, and one would think that they are safer. One van in particular, the Ford Econoline has shown that this is not necessarily the case. The Econoline van has a defect in the fuel system whereby the dual gas tank under the vehicle tends to overheat. This can cause the gasoline to boil, which cause vapor lock and fuel expulsion. If the expelled fuel is ignited, a van fire ensues. Learn from the lawyers of Eisenberg, Rothweiler, Winkler, Eisenberg, and Jeck. P.C. about your van fire lawsuit.

Injuries associated with unsafe fuel systems

Tragically, every year hundreds of individuals lose their lives in fuel-fed fires and explosions. However, if someone survives an explosion and the ensuing fire caused by an unsafe fuel system, they will likely suffer from severe, disabling and disfiguring thermal third degree burns. A full description of burn categories, burn severity, and the extensive treatment and costs associated with burn victims may be viewed by clicking on this link.

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September 21, 2009

Tire Blowouts

pht23.jpgIntegral to the functioning of a vehicle are the tires it sits on. According to the National Highway Traffic Safety Administration, there are over 8,000 traffic accidents each year caused by Tire Blowouts. Though some of these may be attributed to driver error, many are the result of a manufacturing or design defect.

What is a Tire Blowout?

A Tire Blowout, or tire shredding as it also known, occurs when a vehicle's tires lose air rapidly, sometimes almost explosively, causing a loss of control over the vehicle.

What causes a Tire Blowouts?

Tire Blowouts usually occur when there is tread separation. Tires are built with many different layers and when these 'plies' start separating from one another, tread separation occurs. This separation is often the result of poor design, misplacement of the overhead belts, or the tread and belt separations are poorly bonded to the components of the tire due to:


  • Using old and out of date adhesives

  • Incorrect temperatures and unclean manufacturing facilities

  • Introduction of some contaminant such as rust, moisture, grease, or oxidation

The role of the manufacturers

Millions of tires have been recalled over the years because of defects in the manufacturing process. Some of these defects the manufacturers knew about for some time without warning the public. There are even some experts who claim that the tires produced in the United States are the worst in the world.

Perhaps what is most startling is that there is a new technology for tires that actually prevents tread separation from occurring, which has been around for a number of years. Does that mean your car is fitted with these new improved technology tires?

No, because manufacturers are reluctant to incorporate such tires because of the increased costs associated with production.

Tire Blowouts

Integral to the functioning of a vehicle are the tires it sits on. According to the National Highway Traffic Safety Administration, there are over 8,000 traffic accidents each year caused by Tire Blowouts. Though some of these may be attributed to driver error, many are the result of a manufacturing or design defect.

What is a Tire Blowout?

A Tire Blowout, or tire shredding as it also known, occurs when a vehicle's tires lose air rapidly, sometimes almost explosively, causing a loss of control over the vehicle.

What causes a Tire Blowouts?

Tire Blowouts usually occur when there is tread separation. Tires are built with many different layers and when these 'plies' start separating from one another, tread separation occurs. This separation is often the result of poor design, misplacement of the overhead belts, or the tread and belt separations are poorly bonded to the components of the tire due to:


  • Using old and out of date adhesives

  • Incorrect temperatures and unclean manufacturing facilities

  • Introduction of some contaminant such as rust, moisture, grease, or oxidation

The role of the manufacturers

Millions of tires have been recalled over the years because of defects in the manufacturing process. Some of these defects the manufacturers knew about for some time without warning the public. There are even some experts who claim that the tires produced in the United States are the worst in the world.

Perhaps what is most startling is that there is a new technology for tires that actually prevents tread separation from occurring, which has been around for a number of years. Does that mean your car is fitted with these new improved technology tires?

No, because manufacturers are reluctant to incorporate such tires because of the increased costs associated with production.
Tire Blowout injuries and SUV's

Driving in a less stable vehicle, such as an SUV, increases your chance of sustaining injuries due to Tire Blowouts. SUV's tend to be narrower and taller and therefore less stable then a sedan. So when a Tire Blowout does occur, SUV's are much harder to control and the risk of rollovers is higher. An SUV rollover lawyer can help you receive just compensation if you have experienced one of the serious consequences of such an accident, which can include:


  • Death

  • Traumatic brain injury

  • Paralysis

  • Quadriplegia

  • Spinal Cord Injuries

An SUV rollover attorney can assess the strength of your case if you have sustained such an injury due to a rollover. People are also at a greater risk of sustaining such injuries when traveling at higher speeds due to the difficulty of controlling the vehicle.

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September 14, 2009

Traumatic Brain Injuries

pht22.jpgTraumatic brain injury (TBI), which is alternatively termed a "closed head injury" or "intracranial injury", occurs when there is any kind of external event that causes trauma that damages the head and brain. Every year, millions of people suffer from TBI, with the overwhelming majority resulting from motor vehicle accidents.

The two different kinds of TBI

Penetrating brain injury: Any kind of injury to the head or brain that results in an open or penetrating wound.

Closed brain injury: A closed brain injury occurs when the trauma does not penetrate the skull and there is no open wound. This is the most common type of brain injury in a motor vehicle accident, and is usually confirmed with a CT scan.

It is caused by the rapid acceleration and deceleration of movement, causing the brain to shake inside the skull. This often results in the immediate bruising and tearing of brain tissue and blood vessels, and in the following days, significant alterations in cerebral blood flow may occur, along with fluctuating pressure within the skull.

Possible effects of TBI

TBI can cause a variety of medical conditions and symptoms, which are classified as "mild", "moderate" and "severe", which is defined by victim's Glasgow Coma Score. Some of these symptoms include:


  • Coma

  • Confusion

  • Amnesia

  • Paralysis or weakness

  • Poor coordination

  • Double vision

  • Difficulty speaking (word salad)

Impaired ability to complete daily tasks Changes in behavior Dizziness Headache Irritability Anxiety and depression Memory loss Death.

TBI as a result of motor vehicle accident

TBI can result from any blow or aggressive force to the head. This can happen during a car accident when the occupant is ejected or collides with any part of the vehicle. Injury often occurs from defective design and/or manufacturing of a vehicle.

A common example is improperly designed roofs, which cause collapse during an accident. The intrusion of the roof into the vehicle is known to cause head injury. It also allows the occupant to be ejected from the vehicle through broken windows. Furthermore, TBI is often seen when a vehicle's airbag fails to deploy, or deploys too forcefully (commonly known as "aggressive deployment").

TBI can also be caused during a collision from faulty seat backs, faulty seat belts, or faulty door latches.

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September 7, 2009

Spinal Cord Injuries caused by SUV rollovers and other crashworthy issues

pht21.jpgWhat is a spinal cord injury?

A spinal cord injury (SCI) is damage sustained to the spinal cord that, as a result, leads to a loss of function such as mobility or feeling. A person can suffer from a broken back or neck without incurring a spinal cord injury if only the vertebrae (bone) around the spinal cord are damaged.

Such an injury is normally the result of a sudden, traumatic blow (such as a car accident) to the spine that contuses, compresses, or lacerates the spinal cord. The spinal cord, however, does not need to be severed for a loss of functioning to occur.

Spinal cord injuries fall under 2 categories:


  • Complete: there is no function or sensation below the point of injury (paralysis)

  • Incomplete: there is some functioning and sensation below the point of injury (recovery possible)

How can a spinal cord injury be sustained?

36% of spinal cord injuries are the consequence of a motor vehicle accident. There are a number of scenarios in which they can occur. Some examples are:

Rollover Accidents: When a vehicle is subjected to a severe roof crushing due to weakly constructed pillars, support structures and windshield headers occupants are at a much higher risk of sustaining a SCI. Our SUV rollover attorneys can better explain how the force of the rollover can result in a roof crush, which could cause permanent injury to passengers.

Malfunctioning Seatbelts: When functioning properly the seatbelt is without doubt the most important safety feature in a car. However, automatic seat belt systems and door-mounted seat belts can have safety problems that lead to malfunction and injury. If your seatbelt caused you injury, a seatbelt accident lawyer knows how to check if this was caused by a malfunction.

Tire Blowouts: Tire-shredding or blowouts can result in a loss of control of the vehicle, which can lead to serious accidents, including rollovers, and subsequent SCI.

Treatment and prognosis

The effects of a spinal cord injury can be emotionally and financially devastating for the victim and family. Depending on the severity of the injury some will allow for a complete recovery with physical therapy, skill-building activities, and counseling. However, some will end in the complete paralysis of the victim with no hope of rehabilitation. People who survive a SCI are also prone to secondary medical problems such as chronic bladder and lung infections, bowel discomfort, with an increased risk of respiratory and heart problems.

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September 3, 2009

Chrysler Agrees to Cover Liability

The Chrysler Group LLC has agreed to accept product liability claims on vehicles manufactured before June 10, 2009. As part of the bankruptcy deal struck with congress Chrysler Group did not have to accept liability for cars manufactured before the bankruptcy deal was approved.

prac.jpg

Stewart Eisenberg previously appeared on 6 ABC to discuss the ramifications the deal would have on injured consumers. That deal has changed and injured consumers will once again be able to fight the automaker for the compensation they deserve. If you believe you or a loved one has been harmed as a direct result of an auto defect in a vehicle please do not hesitate to contact our experienced crashworthiness attorneys to discuss your potential case.

Chrysler's Press Release:

Auburn Hills, Mich. - In a letter sent today to Members of Congress, Chrysler Group LLC announced that the company will accept product liability claims on vehicles manufactured by Chrysler LLC (now OldCarco LLC) before June 10, 2009, and involved in accidents on or after that date. On June 10, 2009, Chrysler Group purchased substantially all of the assets of Old Carco.

"We know a lot more about the viability of our business today than when we purchased Old Carco's assets in its bankruptcy proceedings several months ago," said John Bozzella, Senior Vice President, External Affairs & Public Policy, Chrysler Group LLC. "While Chrysler Group still faces challenges, we are confident that the future viability of the company will not be threatened if we accept these claims."

OldCarco filed for bankruptcy protection on April 30, 2009. Following many complex and lengthy hearings, the bankruptcy court approved the sale of substantially all of OldCarco's assets to a newly formed company, Chrysler Group LLC. As part of the bankruptcy court-approved purchase, Chrysler Group had agreed to assume liability only for cars sold by Chrysler Group. As a result of today's announcement, Chrysler Group's approach is consistent with that taken by General Motors as part of its bankruptcy process.

"We want our customers to feel comfortable and confident buying, driving and enjoying one of our vehicles," Bozzella said. "Chrysler Group vehicles meet or exceed all applicable federal safety standards and have excellent safety records."