Miami Defective Seat Belt Lawyer - Sean M. Cleary

Injuries Following The Use of Defective Seat Belts in Miami

Over 23,000 drivers and passengers have been killed in Florida due to car accidents over recent years.

Studies reveal that 50% of them were not properly restrained and protected by a seat belt in the car accident which took their lives. Seat belts play a major role in the safety of drivers and their passengers, preventing over 2,000 deaths every year in Florida.

Because of defective design and manufacturing, seat belts do not always function properly and cause serious or fatal injuries. Numerous brands have been the subject of consumer product safety recalls.

What Injuries Can Defective Seat Belts Cause in a Car Accident?

Seat belt failure in a serious car accident can be fatal. The injuries caused by seat belt malfunctions are often severe and are thereby worthy of financial compensation. If you were involved in a car accident and the seat belt led to your sustaining a serious injury, we advise you to discuss your situation with our product liability attorney, who will help you recover compensation for your physical and emotional distress.

Because of the configuration of a standard seat belt, most injuries concern the head, neck, torso, arms, pelvis, and thighs. When a seat belt fails to function properly in a car accident, injuries might include:

• Traumatic brain injury
• Spinal cord injuries
• Fractured or broken bones
• Severe bruising
• Whiplash
• Internal organ damage
• Muscle and tissue damage
• Skin lacerations

Defective Seat Belts Recalls

Numerous seat belt recalls have been issued by automobile manufacturers such as GM, Honda, Ford, and Toyota. A seat belt recall may happen due to mistakes in the design and manufacturing of seat belts, mistakes for which the car manufacturers are fully responsible. Unfortunately for consumers, seat belt recalls often take place too late, after many of them have already suffered awful injuries or even passed away. Therefore, most seat belt recalls are happening before the manufacturer realizes that something is wrong with their product.

The latest car manufacturers which recalled seat belts include, but are not limited to:

• American Honda Motor Co. recalled 3,900 models year 2018 Honda Odyssey vehicles.
• Chrysler recalled 47,900 models years 2017-2018 Chrysler Pacifica equipped with the 8-passenger seating option.
• Chrysler recalled over 1 million models years 2013-2016 Ram 1500, Ram 2500, and 2014-2016 Ram 3500 trucks.
• BMW of North America recalled 67 models year 2018 430i, 430i xDrive, 440i, 440i xDrive, and M4 convertible vehicles.
• Ford Motor Company recalled 94,600 models year 2014 Ford F-150s and E-350s, models years 2014-2015 Ford Escapes, and models year 2015 Lincoln MKCs.
• General Motors recalled 40,600 models years 2014-2016 Buick Lacrosse and Chevrolet Spark EV, Caprice PPV and SS vehicles, Silverado 1500 and GMC Sierra 1500 vehicles, models years 2015-2016 Cadillac Escalade and Escalade ESV, as well as models years 2015-2017 GMC Sierra HD 2500 and 3500 vehicles.
• Hyundai Motor America recalled 17,100 models year 2017 Santa Fe Sport vehicles.
• Nissan North America recalled 44,200 models years 2016-2017 Nissan Titan Crew Cab and Titan XD Crew Cab vehicles.
• Volvo Car USA recalled 1,300 models year 2017 XC90s.

Liability for Defective Seat Belts in a Car Accident

When a seat belt fails due to either design or manufacture flaws and people get injured or killed, the seat belt defect can be seen as a legal cause of the injuries or death. In such cases, any of the parties, starting with the manufacturer and including the production and the distribution channels, can be held liable.

The following aspects may indicate a seat belt problem and could be a good reason to seek legal assistance from a specialized attorney:

• Serious injuries to belted occupants
• The seat belt is loose from its anchors
• A seat belt is torn after an accident
• An injured passenger is found wearing a loose-fitting seat belt
• Severe injuries in a minor to moderate collision
• An occupant is found unbelted and claims he or she was initially buckled up
• In a frontal collision, one of the passengers inside the car makes contact with the windshield
• An injured passenger is thrown from the vehicle after they had initially buckled up
• Injury to a person who was wearing a safety belt when there is not much damage to the car itself

Finding evidence that a seat belt failed because of defective design is often difficult. Nevertheless, our lawyer, Sean M. Cleary, along with our accident reconstruction experts, will help you in the unfortunate event that you were severely injured in a car accident due to a defective seat belt. Reach out to us and we will promptly review your case to determine who is responsible for your physical and emotional distress, as well as the amount of compensation you are eligible for.

Florida Seat Belt Laws

Before you decide to seek legal assistance, it is recommended to make sure you followed the Florida laws regarding the use of seat belts. If you find out that you and your passengers abided by the rules, yet you still sustained injuries following a car accident, do not hesitate to contact our law firm.

Seat belts are some of the most important safety features protecting occupants during car accidents. Because of their tremendous significance, the design and assembly of seat belts are strictly regulated by the Federal Motor Vehicle Safety Standards 209 and 210, Seat Belt Assemblies, and Seat Belt Assembly Anchorages.

These regulations create a responsibility for automobile manufacturers to produce vehicles equipped with adequate seat belts which provide effective protection at the time of a potential accident. Consequently, if manufacturers fail to meet these standards, they can be held liable for injuries and other damages suffered by the occupants of defective vehicles.

Every year, over 50% of people killed in automobile accidents in Florida were not wearing a seatbelt. The Florida Safety Belt Law applies to any car, pickup truck, and van manufactured after 1968 which operates on Florida roads and states the following:

• All front-seat passengers must wear seatbelts.
• All passengers under 18 must wear a seat belt or be restrained by a child car seat.

It is illegal to drive a vehicle if all the passengers do not meet these requirements. Children should always be placed in the back seat because it offers more protection in the case of a car crash, which also prevents the dangers associated with front-seat airbags. The driver should always buckle up the child, as it is their responsibility. The law exempts the following from the car seat belt requirements:

• Any person qualified for a medical exemption
• School buses and other similar bus transport services
• Employees of a newspaper delivery company who are delivering on home routes
• Farm and agricultural equipment

How Can The Offices of Sean M. Cleary Help You in a Defective Seat Belt Case?

Your involvement in the legal process will be minimal, as you will only be required to provide us with documents such as a copy of the accident report, documents regarding the purchase of the vehicle or the seat belts, pictures taken at the scene of the crash and a copy of your medical records. Afterward, we will promptly take over and strive to recover the maximum amount of compensation you are eligible for.