SAFETY NEWS UPDATE
Most everyone has now heard of the General Motors recalls. The news is everywhere. My law firm has watched the early evolution of this recall campaign and the enormous media blitz focusing on it.
Not wanting to publish erroneous information, the Tracy Firm has reserved comment until now. Yesterday, General Motors asked a federal court in Texas to postpone a lawsuit filed against it claiming damages and injuries from ignition-switch defects in models of GM cars built before GM’s 2009 bankruptcy. “This was to be expected,” said Mr. Tracy, who, in 2009, had dozens upon dozens of his clients’ lawsuits destroyed by the New York bankruptcy court, “and I expect General Motors will try and wiggle out of these suits as well.”
However, Mr. Tracy believes that since the defects were concealed by General Motors before its 2009 bankruptcy, the bankruptcy was, in at least some respects, fraudulent, thereby hopefully making it null and void with regards to ignition switch claims against GM.
“General Motors will most likely try this same approach in many federal venues. It won’t be long before we have some rulings. At this early stage, there may be as many as 200 deaths or catastrophic injury cases that have occurred because of these defects. Even though GM claims to only be aware of 13 fatalities at this time, that obviously does not make it so,” according to Mr. Tracy. “Especially when GM has concealed information for years, and also when there are 4.5 million vehicles out there with these faulty switches, as well as a recall campaign which is refitting vehicles at a snail’s pace, the numbers will almost certainly rise dramatically.”
Equally disconcerting is the fact that a federal court in Corpus Christi, Texas, recently announced that consumers will not be made to park their recall vehicles saving General Motors from an astronomical increase in recall costs. The court deferred this issue to the National Highway Traffic Safety Administration (NHTSA) stating that, “The court is of the opinion that NHTSA is far better equipped than this court to address the broad and complex issues of automotive safety and the regulation of automotive companies in connection with the nationwide recall.”
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2. People Should not be Injured in 5 mph Accidents
3. Traffic Fatalities Increased In 2012 NHTSA Data Confirms
4. Does Google lead the way in driverless car race?
5. Toyota is recalling 803K US vehicles for possible Airbag control module failure
6. DISD banned 12 to15 passenger vans that are vulnerable to rollover and roof crush-in accidents.
7. News 8 Investigates on Student Safety with the Use of Unsafe Passenger Vans Instead of School Buses
8. Toyota Rollover in New Mexico Kills 3 College Football Players
9. Why Are Auto Manufacturers Protecting Very Large Adults but not Small Children
10. Chrysler agrees with the NHTSA’s request to recall 2.7 million Jeeps
11. Covidien Surgical Staplers facing series of safety concerns over the years.
12. First time since 1966, a major Automaker as Chrysler is rejecting to recall 2.7 million SUVs Jeeps that federal entity issued notice for public safety.
13. Ford is recalling more than 465,000 vehicles for fuel leak defect
14. NHTSA is investigating if General Motors Co. should recall 400,000 more vehicles for airbag defect
15. Small SUV Struggle in small overlap Crash Test
16. 2004-2007 Ford Freestar and Mercury Monterey Seat Defect is under Recall
17. Hyundai Reclining Seat Kills In Car Accident, Injury Attorney Todd Tracy Issues Car Safety Alert
18. Motor vehicle accident fatalities increased by 5% in 2012 since 2005
19. Jury awards $1.8M against Hyundai for reclining seat defect
20. Japanese Automaker Recall 3.3 Million Vehicles for Air Bag Defect
After News 8 investigation and vehicle safety attorney Todd Tracy’s insights on 12 to 15 passenger vans that are dangerous, DISD banned these vans for public school transportation in the State of Texas from September 30, 2013. This is a positive move from DISD that puts safety the number one priority over anything else.
Dallas Attorney Todd Tracy has extensive knowledge of the dangers associated with passenger vans, and their potential for rollovers and roof crush-in accidents. Safety Attorney Todd Tracy said, “Not only is it a violation of law, I can’t imagine the Dallas Independent School District allowing such conduct to take place because they are jeopardizing and placing our children at risk,”
“I wouldn’t even transport equipment in these vans,” Tracy added. “They need to use school buses. They need to use regular passenger vehicles. The Tracy firm has two current cases that are similar to the vehicles that were used to transport children. Therefore, Mr. Tracy exactly knows how crashworthy are these vans and what are the defects that makes these vans, very vulnerable, to even use these vehicles for any other purpose.
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12 or 15 passenger vans are unsafe and dangerous because they have a history of rollovers causing injuries and death nationwide. The Tracy Firm in Dallas TX has two current cases against these dangerous and unsafe vans. At least 29 state including Texas has banned the use of these vans in transporting students to and from school.
Dallas attorney Todd Tracy said he knows. He has handled 20 van rollover cases in the past 25 years. "Most state universities have specifically outlawed most of their school programs from using 12- and 15-passenger vans for the very reason [that] they roll over too easily and the fact that when they do roll over, there's such a high likelihood of serious injury, including death," Tracy said.
"You are transporting our most precious cargo," Tracy said. "Why on God's green Earth would you take a chance on losing them because a violation of the law? DISD should immediately stop using 12- or 15-passenger vans to transport anyone."
Read full safety investigation
On May 13th, 2013 he sent a 2010 Chevrolet Traverse out to California at an Automotive testing facility to conduct a rollover dolly test. The vehicle was fitted with ATD(crash dummies) test devices, one in each of the seven seats.
TTLA Paper on Evaluating Rollover Accidents | TTLA Presentation Slide
Japanese supplier Takata Corporation made the front passenger airbags. Due to the defect in inflator mechanism, the air bags are not routed with gas. This is a serious safety defect because the high pressure gas can explode plastic and metal parts from the airbag itself which can seriously injure occupants of the vehicle instead of protecting them. The two safety hazards with the flawed airbags made by Takata’s plants in Moses Lake, Washington., and Monclova, Mexico could be summed up as:
3.3 million Vehicles from Toyota, Honda, Nissan and Mazda are on the process of a recall due to this air bag defect. The recall includes about 1.7 million Toyotas, 1.1 million Hondas, 480,000 Nissans and 20,000 Mazdas worldwide, of which, almost 1.4 million vehicles are in the United States. Because, Takata Corporation sold defective air bag products to General Motors and BMW, small number of vehicles made by BMW and General Motors Co. are also affected.
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As long as machines fail and human beings make mistakes, there will be vehicle accidents. This has been true since the very first automobile was built by Mercedes-Benz. But since there are always going to be accidents, why can’t vehicles be safer?
At the TRACY firm, trial lawyer E. Todd Tracy advocates for safer vehicles that result in fewer fatalities and less serious bodily injuries following an accident. To deliver this vision, his firm sues vehicle, component part, and child seat manufacturers when they fail to protect innocent victims of vehicle accidents by not making their products safer.
“Sometimes in accidents airbags don't fire, seats collapse, doors open, restrained occupants are ejected, roofs collapse, and fuel tanks are punctured,” Tracy says. “And those are just a few examples of safety systems that have failed to provide optimum safety in an accident.”
Battling the vehicle industry requires a law firm with a successful track record, unlimited resources, and the ability to see a case through to the finish. Over the past 20-plus years, The TRACY Firm has handled more than 2,300 cases against every major vehicle manufacturer; the firm has also tried 119 vehicle crashworthiness cases, where the ability of a vehicle to protect its occupants during an accident is called into question.
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“For too long, the vehicle industry has put profits before consumer safety. Vehicle defect lawyers like me force the vehicle manufacturers to put consumer safety first. You put you and your family’s safety first, why shouldn’t the vehicle industry?” asks Dallas trial lawyer E. Todd Tracy, whose focus on handling vehicle crashworthiness cases around the country has brought him national acclaim and recognition.
Vehicle crashworthiness is the science of preventing or minimizing serious injuries or death following an accident through the use of the vehicle’s safety systems. There are five vehicle crashworthiness safety principles that every production vehicle must accomplish in the event of an accident: (1) maintain survival space; (2) provide proper restraint throughout the entire accident; (3) prevent ejection; (4) distribute and channel energy away from the occupants; and (5) prevent fire following the accident. These safety principles were initially developed in the 1950s to protect American soldiers who had crashed in fixed-wing planes. These safety principles were then adopted by the aeronautics and racing industries and, in the late 1960s, were finally implemented into production vehicles.
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However, to date, the root of the problem has never really been understood or even explored. I believe the defect is latent and hidden and quite simply involves software coding issues and processor heat buildup. It has been suggested that the software programming in automotive systems is a mess of basic, over-coded if then statements. This results in hugely burdensome and inefficient line code programming that contains millions of lines. Quite simply, if you try to choke that much code through a processor, it will heat up or freeze up and cause failures. Anyone who has ever owned a PC knows how computer glitches just happen sometimes.
The latent, hidden runaway vehicle defect involves computer software code that is poorly written and antiquated, fed through chips that quite simply cannot handle it. Technically, the term is called large scale integration or LSI. Most modern vehicles have these circuits and they are fraught with problems. Some of the more common problems are thermorunaway caused when an ambient temperature has reached a higher level than it is capable of handling or degradation due to operation speed maximums on the processor itself.
If you have safety concerns about unintended vehicle acceleration, then contact us or visit our blog for more information.
As of August 2012, there have been 165 individual complaints to the NHTSA regarding the 2002-2009 GMC Envoy door latches and hinges coming apart or opening up. This is a very high number considering most of the vehicles mentioned were not involved in accidents.
It is Mr. Tracy’s opinion that it is one thing for a manufacturer to design their vehicles to pass a few tests. However, the manufacturers know full well how real world accidents can affect their vehicles.
Doors that open during forseeable accident types such as rollovers and side impacts are a big concern to the NHTSA. For years, the IIHS(Insurance Institute for Highway Safety) has been testing vehicles for side impacts. The quickest way to get a Poor Ratings from the IIHS is to have a door open during a side impact.
If you have had problems with the 2002-2009 GMC Envoy, complain to the NHTSAF or Contact Us.
For more informaion, visit our Official Blog | View (PDF).
Attorney E. Todd Tracy of the Tracy Firm in Dallas, TX gave a presentation on June 6, 2012 to the TTLA (Texas Trial Lawyer's Association). The topic of the presentation was the "Forgotton Child". The Forgotton Child is a group of children categorized by their height and weight allowing for a multitude of poorly fitting seat belts. Thousands of children each year are seriously injured or killed by this kind of defective seatbelts that are mis-fit to children.|Thursday May 17, 2012|: El Paso Trial Lawyers Association
Attorney E. Todd Tracy at the Tracy Firm in Dallas, TX spoke at El Paso Trial Lawyers Association seminar on how to identify vehicle crashworthiness and automotive product liability cases in an accident that may cause serious injury or even a death of the automotive driver as well as the passenger.|Friday May 11, 2012|: Texas Association of Accident Reconstruction Specialists
Attorney E. Todd Tracy at the Tracy Firm in Dallas, TX spoke at the 2012 TAARS (Texas Association of Accident Reconstruction Specialists) seminar on how Accident Reconstructionist should identify vehicle crashworthiness or automotive product liability cases.|Saturday May 12 2012|: Relay For Life of Southlake, TX
Attorney Todd Tracy was the primary sponsor for 2012 Relay For Life of Southlake, TX at Carroll High School.|May 2-4, 2012|: TTLA - Texas Trial Lawyers Association
Mr Tracy was a faculty advisor at TTLA(Texas Trial Lawyers Association) Trial Advocates College.
16 Year old Nance's seat belt defect caused her serious injury.
Attorney Todd Tracy of the Tracy Law Firm said, "injury numbers on the female are
substantially higher then they are on a male because of the slack on the belt and,
because of the way the seat belt fits you". He furthermore applauded NHTSA for
finally getting to female crash test dummies. Nance who was the victim of car
wreck following seat belt defect was surprised to see the commercials on TV that labeled cars for the highest in safety. Below is the news broadcast from CW33:
Product Liability: Nationwide Vehicle Safety Defect Attorney
The TRACY Firm focuses its nationwide law practice on vehicle safety issues. With a vast amount of resources across the US, we protect the general public by insuring car accident safety. Todd Tracy has built his law practice by pursuing a strategy of steady, purposeful litigation to promote the safety and wellbeing of vehicle accident victims in this country, and, his firm continues to build upon a balanced platform of experts and strategies. The firm's attention to detail, and aggressive methodologies prove beneficial in encouraging safety improvements in vehicles, around the world.
Our firm's position within the legal industry and, the vehicle industry is unmatched. The TRACY firm serves as a check and balance to the vehicle industry, ensuring that vehicle safety is achieved equally on all vehicles. Due to Mr. Tracy's efforts, vehicles have become more crashworthy.
At the TRACY Firm, we protect people from dangerous and defective vehicle safety systems. We are available for referrals on cases that involve catastrophic injury or death. We only handle cases involving vehicle crashworthiness and vehicle safety defects.
Vehicle Defect Attorney
Our founding attorney E. Todd Tracy is a nationally recognized vehicle safety defect attorney. Focusing in the area of vehicle defect product liability lawsuit over two decades, he has recovered over 1 billion dollars for his clients nationwide. Today, our firm focuses solely on vehicle crashworthiness lawsuits, stemming from vehicle defects.
Vehicle crashworthiness can be a major factor in every car accident. We encourage any and all catastrophically injured parties, and, their lawyers to consider whether their degree of injury was directly or indirectly caused by a safety system defect, even if, their negligence claim is closed. From seat belt buckle failure to roof crush, safety system defects are often overlooked in vehicle negligence cases. However, if you are injured because a safety system has failed, the vehicle manufacturer may be responsible for injuries you sustained in the accident.
Vehicle Crashworthiness Resources
Dedicated solely to vehicle defect product liability cases, our firm has a vast array of resources at our disposal. We are dedicated to using these technical resources, including our own vehicle storage and testing facility, to educate the public, and protect the rights of our clients. We encourage all of our clients, individuals and referring attorneys alike, to utilize these resources to further the cause of vehicle safety:
- Motor Vehicle Safety Defect Information Center
- Technical Expertise
- Technical Resources
- Child Safety
- Racing Interests
- Crashworthiness Articles
- Public Safety Awareness Electronic Resources
If you believe that a vehicle safety defect contributed to injuries in your vehicle accident, we can help you take action today. At the TRACY Firm, our practice provides a safeguard against the vehicle industry by encouraging vehicle component part and child seat manufacturers to provide occupant protection well beyond the minimum safety standards. We accept referrals, and act as primary counsel for individuals nationwide. Contact Us today for more information.