Although automobile lap belts are known as safety devices, they can also be quite dangerous. Not only can they fail to provide ample protection in the event of an accident, but older seat belt varieties can actually cause severe and fatal injuries. In some instances, lap belts were more dangerous than if an accident victim had been wearing no seat belt at all.
The problem with lap belts is that in the event of an accident, particularly a frontal collision, the belts can focus the impact of the crash on a person's midsection, causing serious abdominal and spinal cord injury. Such traumatic injuries have resulted in paraplegia, quadriplegia, facial fractures, head injuries, and even death. Most vulnerable in these cases are smaller passengers, generally children and adolescents.
Newer lap-shoulder belts, or three-point belts, have proven to be much more effective in preventing harm. They can still cause injuries, though, including "Seat Belt Syndrome."
Kline & Specter, PC, a Philadelphia firm with more than 50 lawyers, five of whom are also doctors, has successfully litigated lap belt lawsuits and other product liability lawsuits, including those involving defective automobiles and defective auto parts. If you or someone you know suffered a severe injury or death as the result of a seat belt injury, you may want to contact an attorney to evaluate your case.
Seat Belt Injury Lawsuits
Kline & Specter has filed several lawsuits on behalf of victims of seat belt injuries.
In one case, the firm negotiated a settlement with General Motors for a young man who was left paralyzed from the waist down after he was injured by a lap belt in a head-on collision. Two other passengers in the Chevrolet Cavalier, including one in the rear seat who was not wearing a seat belt, were not seriously hurt. (See The Miller Case.)
In another case, Shanin Specter litigated a lap belt case against another major firm for a girl rendered a quadriplegic in a collision. This case resulted in a $30 million settlement.
Lap Belt Hazard Research
Lap belts were long thought to be hazardous, but the first highly publicized definitive proof came in a 1986 report by the National Transportation Safety Board (NTSB). This independent federal agency had initially sought to investigate the effectiveness of seat belts in general but soon focused its attention on lap belts.
The study found that in accidents involving 50 people who wore lap belts, 26 sustained serious to fatal injuries in crashes in which other occupants – wearing three-point belts or no belts at all – were less seriously injured or had walked away uninjured.
Among all those involved in the auto accidents studied, 13 of the people who wore lap belts were killed. Only four people (out of 57) who were unrestrained died, and only one (of 32) who was wearing a combination lap-shoulder belt died.
The NTSB concluded, "In many cases, the lap belts induced severe to fatal injuries that probably would not have occurred if the lap belts had not been worn."
Common Seat Belt Injuries
Seat belt injuries often occur when the belt restrains the body against sudden movement during a crash. Common injuries include:
- Abrasions and Bruising: Primarily affects the shoulders, chest, abdomen, and hips.
- Whiplash and Neck Injuries: Caused by a sudden jerking motion of the head and neck.
- Chest and Rib Injuries: Caused by the seat belt's restraining force compressing the chest.
- Abdominal Injuries: Can include soft tissue injuries, bruising, or damage to organs like the liver, spleen, or intestines.
- Spinal Injuries: Can cause damage to vertebrae or discs, particularly in the lower back.
- Shoulder Injuries: Can cause rotator cuff damage or bruising in the shoulder area.
What is "Seat Belt Syndrome"?
Seat Belt Syndrome describes a pattern of injuries caused by the restraining force of a seat belt during a vehicle collision.
The primary characteristic of Seat Belt Syndrome is distinctive bruising. Victims experience a linear bruise or abrasion across the chest, abdomen, and sometimes the neck. These marks correspond to the position of the seat belt.
Seat Belt Syndrome can also cause various injuries, from internal organ damage to fractures and blood vessel damage.
Individuals are more likely to experience Seat Belt Syndrome in these cases:
- The seat belt is incorrectly positioned (e.g., sitting across the abdomen instead of the hips).
- The victim is in a high-speed collision, where the force exerted on the seat belt is greater.
- The victim has pre-existing conditions like osteoporosis or weakened tissues.
What to Do if Your Seat Belt Failed During an Accident
If your seat belt failed during an accident, you should protect your health, document the issue, and explore potential legal options for compensation. Here's what to do:
- Document Injuries: Get a thorough medical evaluation and ensure the healthcare provider records your injuries. This can serve as evidence later.
- Document the Accident Scene: Take pictures of the failed seat belt, including signs of malfunction, such as a torn strap, unlatched buckle, or visible defects. Document the entire accident scene as well.
- Preserve the Vehicle: Do not repair or modify the vehicle until an expert or investigator has inspected it. The condition of the seat belt is crucial evidence.
- Report the Issue: If police arrive at the scene, mention that the seat belt failed and ensure that information is included in the accident report. Notify your insurance company about the seat belt failure when filing your claim.
- Contact the Manufacturer: Report the defect by filing a complaint with the vehicle manufacturer or the seat belt maker. They may be required to investigate the issue.
You should also speak to a legal professional right away. They can assess your situation and help you determine if you have a case.
Why Choose Kline & Specter?
Kline & Specter has won significant recoveries in seat belt injury cases. Recognized as "one of the country's leading personal injury firms" by The Philadelphia Inquirer, a "powerhouse law firm" by The New York Times, and "the most powerful plaintiffs firm in the city" by the Philadelphia Business Journal, the firm's reputation speaks for itself.
With dozens of highly skilled attorneys, including five medical doctors – more than any other firm in the nation – Kline & Specter provides unmatched expertise in legal and medical matters. Trust their proven track record to pursue justice and maximize your compensation.
Discuss Your Seat Belt Injury Case Today
If you or a loved one has suffered a seat belt injury in Philadelphia, Kline & Specter is here to provide legal assistance. Call 215-772-1000 or submit our online form to discuss your case and explore your options.
Kline & Specter provides free and confidential evaluations of potential cases. We work with clients in Pennsylvania, New Jersey, Delaware, and New York. We also work with local attorneys when appropriate for cases outside those states.