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Seat belt failures? When a product fails, the company answers for it.

Defective products, from car parts to space heaters, can cause serious harm. We look at the design, the warnings and how it was made. Free case review, no fee unless we win, and a real person answers 24/7.

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Do these four things now

The first few days decide a lot of cases. In order:

1
See a doctor todayInjuries can show up days later. If there's a gap in treatment, the insurer will use it against you. No insurance? We'll get you seen.
2
Don't give a recorded statementYou don't have to. Adjusters are trained to get you to say things that lower your claim. Say: "My lawyer will call you."
3
Keep the productKeep the product, its packaging, the receipt and the manual. Don't send it back to the company.
4
Don't sign anything. Call us.Early release forms and medical authorizations are written to limit what they owe you. A ten-minute call costs nothing and tells you where you stand.

What you can get paid for

A product claim covers everything the injury took from you, now and later.

Find out what your case is worth
Medical billsER, surgery, therapy, and treatment your doctor says you'll need later.
Lost payDays you missed, and income you'll lose if you can't go back to the same job.
Property damageAnything the product damaged or destroyed.
Pain and what you've lostPhysical pain, stress, and the things you can't do anymore.

Product liability results

$5.5MProduct liabilitySpace heater case.$2MProduct liabilitySpace heater case.Track record$800M+ recovered. 5,000+ clients represented.Open the results archive →
Every case is different. Past results don't guarantee yours. Results shown are firm-wide unless a place is named.

Deadlines vary. Act early.

How long you have depends on the type of case and who is responsible. Some claims, such as those against a government agency, have deadlines measured in months, not years. Call early, and we find the deadline that applies to you.

The productKeep it
RecallsCheck, but call us
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Product liability questions we get every day

Straight answers. No fine print.

The company wants the product back. Should I send it?
Not before you talk to a lawyer. The product is the key evidence.
What if I was partly at fault?
You can still have a case. In most states your recovery is reduced by your share of the blame, not wiped out. The insurer will try to put more blame on you than the facts support. That's our fight, not yours.
How much do you charge?
Nothing up front. We only get paid if you do. Our fee is a percentage of the money we get for you. You see it and sign it before we start. If we don't win, you owe nothing, not even case costs.
Where we handle it

Product liability cases in nine states

Staffed offices in Irvine, Chicago and Las Vegas, and satellite offices by appointment. We also come to you.

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Know your rights

More about seat belt failures

Read the full guide

seat belt failure lawyersSince 1968, all new vehicles sold in the United States are required to be equipped with seat belts in all designated seating positions. This requirement is meant to protect occupants from injury in the event of an accident. Since 1995, all states (excluding New Hampshire), have laws requiring vehicle occupants to wear seat belts and all states have child restraint laws.

Seat belts are are designed to limit the motion of vehicle occupants and reduce injuries during a crash. While statistics repeatedly and consistently show that wearing seat belts helps save lives, a faulty seat belt can have devastating consequences in the event of a crash, typically resulting in major injuries or fatalities.

Seat belt failure cases are complex and challenging to investigate. Victims should seek the services of an experienced car accident lawyer who is adept at handling auto product defect issues. At TorkLaw, our seat belt failure lawyers work with renowned experts in the field who will help investigate and compile the evidence needed to ensure you receive adequate compensation.

Why Do Seat Belts Fail?

In 2016, the National Highway Traffic Safety Administration (NHTSA) estimated that seat belt use in passenger vehicles saved about 14,668 lives. While the national seat belt use rate is at 90.1 percent, these seat restraint systems don't always function as intended. They have the potential to fail during a car accident, resulting in catastrophic injury, or death.

Here are some of the most common reasons seat belts fail:

Inertial Unlatching

This occurs when the force of a collision causes the release mechanism to disengage, and the seat belt unlatches. This is a much-disputed topic: automakers state that inertial unlatching does not occur in a real-world auto accident. Private labs and experts believe this scenario is possible during a collision.

False Latching

This happens when the occupant thinks the latch plate is fully inserted into the buckle, but is not actually engaged, and any amount of force can cause the belt to release.

Accidental Release

Sometimes seat belt release mechanisms are triggered during a crash by some part of the occupant's body, specifically the elbow or arm.

Webbing Failure

Webbing is the material out of which the belt is made. Manufacturing defects can cause webbing failure, or it can also be caused by belt rubbing against a sharp edge in the vehicle.

Anchor Failure

Failure of the anchor points that hold a seat restraint system are rare, but may occur due to material or manufacturing defects, or improper assembly. In 1995, Chrysler recalled vehicles where the anchors were not placed in the right direction, which left them vulnerable to stresses during a crash.

Retractor Failure

Retractors are the mechanisms that hold seat belts snug against vehicle occupants. When these mechanisms fail, there is slack in the seat belt and occupants may not be restrained properly in the event of a car accident.

seat belt failure lawyers

Forensic Investigation After a Crash

A question that is often asked in civil litigation cases involving traffic accidents, especially those in which an occupant has been ejected from the vehicle, is whether the occupant was wearing the seat belt at the time of the collision.

An accident reconstruction expert can analyze the evidence to determine whether the injuries occurred because the occupant was not buckled up, or because the seat belt failed.This demands a multi-faceted approach, including analysis of occupant kinematics (the features or properties of motion in an object), injury correlation, and seat belt use to determine whether there are manufacturing or design defects, including flaws in the seat restraint system.

It is important to preserve the vehicle in its damaged state, unaltered, after a car accident, so that important pieces of evidence, which may make or break your case, are not lost.

Injuries in Seat Belt Failure Cases

When a seat belt doesn't work as intended, there is the potential for devastating injuries. Here are some of the most common injuries caused by seat belt failure:

Traumatic Brain Injuries

When a person is thrown forward in the vehicle, or ejected because of a seat belt failure, he or she may strike their head and suffer a brain injury. These injuries need surgery, hospitalization and extensive rehabilitation, and may result in lifelong disabilities.

Spinal Cord Injuries

Injuries to the spinal cord are particularly common when occupants are thrown back in the vehicle or partially ejected. Severe spinal injuries may also result in lifelong disabilities such as paralysis.

Internal Organ Damage

Blunt-force trauma caused by seat belt failure may damage internal organs such as lungs and kidneys leading to internal bleeding.

Broken Bones

Bone fractures are among the most common injuries sustained in car accidents. Although broken bones injuries are typically not life threatening, victims still incur numerous medical expenses, lost wages and rehabilitation costs.

seat belt failure lawyers

Liability and Damages in Seat Belt Failure Cases

If you or a loved one has been injured in a crash due to seat belt failure, you may be able to file an auto defect lawsuit against the automaker and/or the manufacturer of the seat belt. There may be other parties named in the lawsuit as well. The value or worth of your case will depend on the nature and extent of the injuries you have suffered and the degree of negligence on the part of the defendant(s). Some of the damages that may be claimed in a seat belt failure case include medical expenses, loss of income or earning capacity, past and future pain and suffering, wrongful death, or punitive damages, if it is found that the defendant’s conduct was particularly egregious or outrageous. An experienced seat belt failure lawyer will be able to provide you with more information in such cases.

Proving Seat Belt Failure Cases

In a seat belt failure case, much like any other product defect or personal injury case, the plaintiff has the burden of proof. This means that you must present evidence to show that the automaker and/or the seat belt manufacturer were negligent. Here are the elements of an auto product liability case:

  • You must show that the vehicle part, in this case, the seat belt or the seat restraint system was defective. The issue may be a manufacturing or design defect or a failure to warn consumers about the product's dangers.
  • You must show that the seat belt failure was the proximate cause of your injuries.
  • You must also provide evidence that you suffered losses as a result of the injuries caused by seat belt failure.

Auto defect cases, particularly seat belt failure cases, can be extremely complex and challenging to prove. The experienced seat belt failure attorneys at TorkLaw have successfully represented injured victims against automakers and auto part manufacturers. Please call us today to discuss your case at absolutely no cost to you. We are here to help you secure maximum compensation for all your injuries, damages and losses.

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