Most people wear seatbelts. They’ve been part of cars for many decades, and the average person knows they save lives, so they wear them wherever they go. However, seatbelt injuries sometimes happen as well, and lawsuits can come about as a result.
In this article, we’ll talk about seatbelt injuries and the lawsuits that can come from them. If a seatbelt injures you, you may feel the need to go after the manufacturer in court.
How Many People Wear Seatbelts in America?
In 2020, 90.3% of US vehicle passengers wore seatbelts. You’ll see similar numbers each year. That means that about 9 out of every 10 people on America’s roadways agree that wearing seatbelts makes sense.
There’s little doubt that wearing seatbelts saves lives. If your car hits another vehicle and you’re not wearing a seatbelt, the impact can send you through the windshield in some instances. It can cause whiplash, TBIs, and all sorts of other injuries.
Why Do Seatbelt Injuries Occur?
Seatbelt injuries sometimes occur because, frankly, it’s not easy to make a seatbelt that can keep you safely in place but that also won’t harm you at all in any crash situation. A manufacturer wants to create a seatbelt that will hold you in position if a car strikes your vehicle, but that will also have enough give so that it won’t cause internal injuries every time the vehicle sustains an impact.
That being said, no seatbelt that hits the market should have any obvious flaws. If a manufacturer knows that a seatbelt won’t harm the public ninety-nine times out of a hundred, they need to go back and keep working on it until they fix the flaw that causes injury on that one-hundredth time.
What Can You Do if a Seatbelt Injures You?
If you sustain an injury from a seatbelt in a car accident, you’ll need to hire a lawyer. You should locate an attorney who knows about these cases. Generally, you can go on a lawyer’s website and see if they’ve ever taken on a similar case. If you don’t see any information about that, you can also reach out to them and ask them.
Once you reach out to an attorney, you can meet with them. You will want to locate a lawyer who’s not too far from you. If you can reach them by using public transportation or they’re a short drive away, that’s perfect.
You can tell them what happened and get their opinion as to whether you have a case against the seatbelt manufacturer or not. They can also tell you whether they’re available to represent you. If they have a full schedule and many clients, maybe they will decide not to take you as a client.
What Happens Once You Have a Lawyer?
Once you’ve agreed to hire a particular lawyer or firm, they can advise you regarding what to do next. They will help you investigate the crash to see if you missed any detail that can help you win your upcoming lawsuit. They will identify whether the seatbelt manufacturer alone caused your injuries or whether you can bring a suit against other parties as well.
The lawyer can help you with any insurance claims, and you’ll feel glad they’re on your side during this process. Most people find insurance claims tedious, and you might miss some crucial detail if you don’t have someone helping you.
The lawyer will then consult with anyone who can help you win your case, like medical professionals, expert witnesses, accident reconstruction experts, and so forth. They will also work with you to document your injuries and overall physical state. You’ll need that information if you want to hold the company liable that made the seatbelt that harmed you.
What Comes Next?
At that point, you’ll notify the company that manufactured the seatbelt, along with anyone else you deem responsible for your injuries. You may also sue the other driver who hit your vehicle.
You’re the plaintiff in this case, and the seatbelt manufacturer is the defendant. You might try to get money from multiple defendants if you feel more than one person or entity injured you.
The defendants have time to decide what they’ll do once you inform them that you’re taking legal action against them. They may decide to offer you a settlement if it seems clear they can’t get away from this situation without paying you something. Their legal counsel will probably tell them to offer a settlement or to continue on to the lawsuit’s trial phase if they feel like you don’t have enough evidence to back up your claim.
The Trial Phase
If the case goes on to trial, you’ll often find that seatbelt manufacturers have aggressive legal teams that will do all they can do to discredit you. Seatbelt manufacturers have plenty of money in most instances, and they’re probably not scared of a long, knock-down, drag-out legal battle.
It’s anyone’s guess how the trial will play out. It can take weeks, months, or even longer. Your lawyer might have to establish that the seatbelt didn’t function correctly.
They may also fight back against the notion that you wore the seatbelt incorrectly. That’s a common argument a manufacturer will employ in these cases.
If the seatbelt manufacturer loses the lawsuit, the jury will award you damages. You will need to pay your lawyer out of that money, especially if you hired them on a contingency basis.
At that point, you can resume your life. You might have permanent damage from the malfunctioning seatbelt. If so, you’ll need to hope the money you received can help you as you try to pick up the pieces and continue on.
Faulty seatbelts rarely cause permanent injury, so you should recover eventually in most instances. Presumably, you’ll want to avoid this particular seatbelt manufacturer in the future. You’ll pay attention to what company manufactured the seatbelt in every car you purchase from this point forward.
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