Free
initial consultation with airbag injury attorneys experienced
in representing consumers who have suffered airbag injuries due to defective
airbag design and inadequate airbag warnings.
Contact
Us: office 480.368.0002 or 1-800-421-1293, cell 480.363.6897 email lshumway@extremezone.com
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Lynn Shumway
and Stephen E. Van Gaasbeck are experienced in successfully representing
victims of poorly designed airbag systems in several states. Working
for individual clients or with local attorneys, they utilize extensive
knowledge of airbag technology and of the unique tactical demands of
air bag litigation to obtain compensation for the unnecessary injuries
caused by defective air bag designs.
Air
Bag Induced Injuries
When properly designed, air bags can be useful safety devices. Unfortunately,
many air bag systems were poorly designed, resulting in numerous known
air bag defects which in turn have resulted in thousands of serious
air bag injuries. Defectively designed air bags are known to cause brain
hemorrhages, burst hearts, severed brain stems, spinal injury, broken
necks, blindings, TMJ syndrome, facial bone fractures, upper extremity
injuries and disfigurement. These injuries have killed and paralyzed
unsuspecting adults and children in collisions in which no one would
have been injured in if the air bag didn't deploy.
Injuries
can also be caused by air bag systems when they fail to deploy in situations
in which they were needed.
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Known
Air Bag Defects
Automobile manufacturers have produced air bag systems which are plagued
by a wide range of dangerous defects. These defects have been identified
by lawyers engaged in representing injured consumers and their survivors
through diligent research and litigation. These defects include;
Aggressively overpowered air bags: Many auto manufacturers rushed to
install air bags to obtain a marketing advantage over their competitors.
For this reason a decade of air bags were put on the road with inadequate
testing. The majority of the resulting air bag systems utilized dangerously
over powerful air bag inflators, which cause serious injury and death
when they strike occupants while deploying. Some airbags still meet
Federal standards after being depowered by 70%.
Air Bags
Without Tethers: Tethers are straps sewn inside the air bag which
physically prevent the air bag from extending all the way to the occupant's
face and eyes. These cost $1 or $2 a piece. Untethered air bags are
quite capable of causing serious injury, since they are able to extend
further toward the occupant. Eye injuries, including blinding injuries
are the often the result of air bags slapping the face due to lack of
tethers.Inadequate Sensor Numbers and Locations: Attempts to save money
by using fewer sensors have led to defects which cause the remaining
sensors to be overly sensitive or to be unable to timely detect a collision
or to fail to detect a collision. Failure to test the numbers, calibration
and location of sensors in foreseeable crash scenarios also results
in dangerously defective sensors systems.
Inferior Algorithms: Newer air bag systems use electronic sensors
which rely on their software to analyze deceleration data to determine
if and when to deploy the air bag. These software sub-routines are referred
to as algorithms. Inadequate algorithms can cause air bags to fire too
late, fail to fire or deploy or to even fire for no reason at all.
Venting and Folding Defect: Injuries can be caused by mistakes
in the number, size and location of gas vents and in the pattern used
to fold the air bag. These can cause injuries from serious burns to
brain damage.
Failure to Incorporate Technology: Many air bag systems are
deficient because they fail to incorporate available technology. Examples
are systems which fail to use systems which can identify the severity
of the crash and then deploy the air bag with different power levels
depending upon the energy produced in the crash. Other examples are
the failure to incorporate pretension devices. The failure to use hear
curtain side air bags is a serious safety flaw.
Failure to Warn of Known Dangers: Many car manufacturers foresaw
that when braking proceeds a collision that passengers would raise their
hands to brace themselves. Many thousands of arm injuries are suffered
each year because people were not warned about the danger of trying
to brace themselves during pre-crash braking.
Many cars are equipped with horns that require applying pressure on
the surface of the steering wheel airbag module to actuate the horn.
During a collision serious injuries to the hand, wrist and arm from
honking the horn on these cars.
Use of Cheap Sensors: Sensors designed for other uses have
been used by some manufacturers to reduce cost.
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What
you should do when injured by an air bag
Preserve the Vehicle: Do not repair the vehicle. Collision
damage to the exterior, damage, marks, blood, component deformation,
glass breakage, air bag markings and seat belts can constitute useful
evidence in preparing the case. If possible, the vehicle should be stored
in a secure location until our experts can examine it. Cover any opening
to prevent rain damage to the interior. Car company lawyers will ask
courts to dismiss any legal action you might file or ask for you to
be sanctioned for destroying evidence if they can find any reason to
suggest that you failed to preserve evidence related to the vehicle
and the accident.
Photograph the Vehicles: Photograph and video tape the entire
exterior and interior of the vehicles involved. This includes the instrument
panel, the seats, air bag and air bag door. Do not change the position
of seats or seat belts. Whenever possible, photograph and video tape
the objects struck, including the other vehicle, poles, trees, guardrails,
curbs, fences, animals, walls etc. This is critical in cases in which
the vehicle has been repaired or taken by insurance companies or when
you have no means of getting and keeping . Shumway and Van Gaasbeck
can arrange for professional preservation and documentation of the vehcile
condition.
Prevent tampering by Auto Company Agents: Do NOT allow auto
company or dealership representatives to inspect the car or download
data from the car's black box. Valuable evidence can be lost. Allow
your attorney to arrange for the examination and downloading of the
onboard computer or Ablack box. Allowing the auto company to Ainspect
your vehicle without legal representation will not help your case and
could very well endanger it.
Photograph All Injuries: It is important to obtain immediate
photographs of ALL injuries sustained in the accident. Inconsequential
bruises must be documented with photographs because they provide valuable
evidence on the manner in which the air bag failed and on the positioning
of the injured party in the accident and seat belt use. This includes
bruises on the face, chest, arms, hands, shoulder and waist.
Compile Records: Gather EMS reports, emergency room reports,
autopsies and accident reports. Secure your owner's manual and vehicle
purchase documents. If the vehicle has been repaired or totaled, obtain
a detailed damage appraisal report or itemized invoice. These will be
needed and will facilitate
the handling of your case.
Call
Shumway and Van Gaasbeck Immediately: office
480.368.0002 cell 480.363.6897 email lshumway@extremezone.com
Only attorneys who have experience
in air bag cases will have the knowledge necessary to evaluate, prepare
and litigate these very complex and difficult cases. Lynn Shumway and
Stephen E. Van Gaasbeck have the experience and knowledge to help you.
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