When a car accident occurs, manufacturing defects can make all the difference between minor and major injuries. Proper safety equipment minimizes injuries in an accident. A seatback failure can cause life-threatening injuries or death.
When you choose what kind of car you want to drive, vehicle safety is usually something we all consider. As consumers, we want to trust the manufacturers that make the vehicles that we drive.
Defects impact the level of safety in cars. It is important to be aware of these defects before it is too late. Vehicle recalls are common, with millions of cars being recalled each and every year. While it is an unnerving experience to have a vehicle of yours be recalled, it is better to be aware of the problem and have it fixed. In some cases, vehicle defects are not discovered until an accident occurs.
When someone is driving a vehicle with defects, injury is likely to occur. That is exactly what happened to a Myrtle Beach woman in 2016. The woman experienced a seatback failure in her Hyundai.
A seatback failure occurs when the back of the front seat collapses during a collision. This is an uncommon defect for a car to have. Even injury or death, as a result, is far less common. The defect can lead to serious injury, or even death in some cases. Since 2001, an estimated 50 children have been killed from seatback failure. Children sitting in the rear seats have been injured and killed from the front seat collapsing backward during seatback failure.
Hyundai Elantra Seatback Failure
When the Myrtle Beach woman was driving when she was rear-ended in her Hyundai Elantra. The woman was wearing her seatbelt at the time of the incident, but she still suffered extensive injuries.
Optic nerve damage, intracranial bleeding, compression fracture to her lumbar vertebra, fractures to orbital wall and floor, as well as emotional distress are among her symptoms from the crash.
Lawsuit Against Hyundai
The woman sued Hyundai on claims of negligence and failure to warn and sought punitive damages. She was not made aware of her vehicle’s defects that put her in danger. Her lawyers proved she should have only suffered whiplash due to the severity of the accident. Evidence of seatback failure was also presented, which led to her life-threatening injuries.
Hyundai Settles Lawsuit
Hyundai decided to settle with the woman and her husband due to the substantial evidence in this case. The settlement agreement gave the woman and her husband a multi-million dollar settlement as compensation for her pain, suffering and injuries obtained in the accident.
Settlements Don’t Fix Everything
While the woman and her husband were glad for the money, it does not fix the pain Hyundai has inflicted in their lives. This woman will be traumatized for the rest of her life. She may find it hard to trust her safety in a vehicle again.
A Higher Standard
Vehicle manufacturers should be held to the highest standard of safety and transparency. Customers should not have to go through the same pain as the woman in this lawsuit did.
Seatback Failure Attorney
If you or a loved one have experienced pain and suffering due to a vehicle, you may be entitled to compensation. While money won’t take away all of the pain, it may help you on your path to healing. A product liability attorney can help you.
At Kane & Silverman, we want to help you in any way we can. Reach out to one of our trusted attorneys today. Call or text us at 215-232-1000 or fill out our online form to schedule a free consultation.
50 children have died of seatback failure: https://www.oregonlive.com/business/2020/09/seatback-failures-a-hidden-danger-in-many-vehicles.html