How To Find A New Source of Recovery When Your Client’s Car Wreck Negligence Case Hits A Dead End
Attorneys often hit a roadblock in car wreck cases when there is not enough money or insurance to cover their client’s loss of life or catastrophic injuries. Sometimes your client’s negligence may be a negative factor.
A crashworthiness lawsuit offers a potential recovery source that you may want to consider. Automotive safety systems don’t care who caused the accident, even if it was caused by your client. A crashworthiness case focuses on what caused the injuries or death, not who caused the accident.
Federal law requires car manufacturers to provide occupant protection systems with an envelope of survivability around the driver and passengers. The next time your family buckles their seat belts ask yourself, is the seat belt designed to prevent an accident or is it designed to prevent injuries in the event of an accident?
At the Tracy Law Firm, our Crash Lab examines and exposes how the vehicle and its safety systems performed during the crash. Appearances at an accident scene can be very deceiving. For example, law enforcement accident investigations often mistakenly conclude that a person was ejected from a car because they were not wearing their seat belts. Our engineering analysis has found time-and-time again in cases that the person was wearing their seat belt, but it failed.
For more than 25-years, I’ve handled 2700 cases against the major car manufacturers for safety defects that caused deaths and catastrophic injuries. If you believe your case is at a dead end for recovery and you are ready to fold it up, I urge you to talk to me first about a crashworthiness evaluation. The vehicle safety systems may not have served your client properly.
It’s critically important for you to take the following steps as soon as possible in order for us to evaluate whether you have a crashworthiness vehicle safety defect case:
- Secure the vehicle. You need to make certain that the vehicle is safe and preserved. Without the vehicle, there is no case against the automaker. The vehicle is the equivalent of a body in a criminal investigation. It is the forensic road map to what caused the death or injury. We will transport the vehicle to the Tracy Law Firm’s Crash Lab in Dallas.
- Do not settle the property damage case because after the insurance company settles the claim you will lose possession of the wrecked vehicle. It will likely be resold to a car auction or to a salvage yard. Our team of car accident lawyers and automotive engineers need the wrecked vehicle as soon as possible in order to pursue a lawsuit against the vehicle manufacturer.
- Do not remove anything from the vehicle! Every item inside the vehicle is potentially a target for us to evaluate as to what caused the injury and when the injury occurred. No matter if it’s clothing, groceries, luggage, or any other personal articles we need everything intact inside the wrecked vehicle.
- Do not settle the underlying case just yet. We need to evaluate all aspects of the case before a determination is made about settling the underlying case.
I encourage you to browse through the blog section of this website to watch my weekly “Todd Talks Safety” videos where I highlight car accidents in which death or catastrophic injury is caused by safety defects.
When we take on the biggest automakers in the world: we conduct the necessary engineering analysis of the vehicle; we do the necessary bio mechanical analysis to determine how did this injury or death occur; and sometimes we conduct crashworthiness testing that the manufacturer did not conduct in order to prove a safer design would have saved lives and spared suffering. I bring to bear a highly experienced team of experts, some of which are veterans from the automotive industry who saw the light.
For more information on how to evaluate a car wreck case for crashworthiness, read my two white papers:
Call me at 214-324-9000 to discuss your client’s Vehicle Crashworthiness case evaluation.