Defective Automobile

It is not uncommon for Americans to rent or ride in rental cars and assume they are safe, however, according to an investigation from the National Highway Safety Administration (NHTSA) it is common for rental car companies to rent defective rental cars.

An investigation into the rules and regulations of how rental car companies fix and maintain their cars was prompted by the death of two sisters who were killed instantly when they lost control of their rental car after it caught fire and sent them into on-coming traffic. Unbeknownst to them, the PT Cruiser they were driving was under recall notice for risk of under-hood fires.  After a five year lawsuit, Enterprise admitted fault, and the parents of the sisters were awarded a damages-only settlement for $15 million.

The NHTSA said that while “dealers have a legal obligation not to sell a new vehicle after they have been notified of the recall by the manufacturer until the defect has been remedied, NHTSA does not have the legal authority to require consumers, including fleet owners like rental car companies, to have recalled vehicles fixed.”

While no law is in state that requires car rental companies to make repairs on recalled vehicles before renting or selling them to consumers, the Federal Trade Commission Act states that companies “shall not engage in unfair trade practices. And, not repairing a defective vehicle after it has been recalled, before renting it out, is an unfair trade practice, and is a violation of the act.”

NHTSA investigated 10 major rental car companies about their recall practices. 90 days later, they found that:

• Enterprise fixed 65% of their vehicles, while 35% remained unfixed
• Budget fixed 53% of their vehicles, while 47% remained unfixed
• Hertz fixed 34% of their vehicles, while 66% remained unfixed
• Ford did not comment, claiming the results would negatively impact sales and their relationship with rental car companies.

Senator Charles Schumer of New York announced that he is introducing the Safe Rental Car Act, a law that would hold rental car companies to the same regulations that prevent car dealerships from selling defective cars.

If you have ever got into a car accident or been witness to one, you certainly know  how horrible it can be. Unfortunately, the number of car accidents keeps growing each year, a fact that is taking an ever-increasing toll on society.

According to the statistics recorded by the National Highway Traffic Safety Administration (NHTSA), in 2007, 41,059 US citizens died on US roads, while more than 2 million people were seriously injured. What’s more, car accidents are now the leading cause of death for people 35 and under.

Getting into a car accident in Manhattan is unfortunately all too common, thanks to the borough’s  heavy traffic.  Alcohol and drug abuse are additional factors which contribute to the high rate of car accidents in this borough of New York. Car accident lawyers Manhattan are ready to help car accident victims and their families.  They will do everything in their power to ensure you are compensated for any personal injuries or damages to your property you endured.

Auto accident lawyers (Brooklyn lawyers are not an exception) stress that innocent people should not suffer because of the other drivers’ negligence and inexperience.  It is important they add, that whether you are certain the accident was not your fault or whether it may have been, you speak to an attorney to learn your legal rights.

If you or someone you love has recently become a car accident victim, you or they may have valuable legal rights, entitling you to financial compensation for injuries and damages you sustained.  Please fill out our online form or call 1-800 LAW INFO (1-800-529-4636) to discuss your case with one of our auto accident lawyers today- they are waiting to hear from you.

Airbags, safety devices that have been required in cars, vans, SUVs and trucks since 1994, are designed to deploy automatically in the event of an auto accident providing protection to vehicle occupants in order to reduce the possibility of serious injury. Unfortunately, not all airbags deploy properly leaving passengers at serious risk of injury or death.

Failure to Deploy

Airbags are designed to deploy when a moving vehicle abruptly decelerates or stops. Sometimes, however, airbags fail to deploy, leaving passengers exposed to the impact of the crash. Serious head and bodily harm can result if vehicle occupants hit the steering column, dashboard, window or other part of the car.

No Collision

Airbags have been known to deploy no apparent reason at all. Sometimes minor bumps or potholes in the road can activate airbags. Unnecessary deployment of an airbag can distract, obstruct, disorient or knock out the driver.

Harmful Chemicals

Airbags are inflated with a harmless gas, but severe chemical burns have been reported by vehicle occupants. This occurs if the gas, a chemical propellant, isn’t filtered properly. Vehicle occupants have reported chemical burns, head injuries and eye damage.

Injury From the Airbag Itself

Auto manufacturers make airbags to accommodate people who are 5’8” in height and weigh 180 pounds. Studies show smaller vehicle occupants are at increased risk for serious injury because they sit closer to the steering wheel and dashboard. Taller vehicle occupants are at less risk because they sit farther away from the steering wheel and dashboard.

If a defective airbag has seriously injured you or a loved one, the airbag manufacturer and auto manufacturer may be at fault for design or manufacturing defect, and you may be entitled to compensation. For more information about injuries caused by a defective airbag, please call our experienced auto accident lawyers (Suffolk County) at 1 (800) YOURLAWYER or contact us online for a free consultation.

It has long been known that Sport Utility Vehicles (SUVs) have a higher center of gravity than regular sedan vehicles, and therefore have a greater tendency to roll over in accident collisions. Because SUVs are often taller than regular passenger cars but not wider at the wheelbase, maneuvers that would not cause a regular car to roll over often can cause an SUV to rollover. SUV rollover accidents accounted for just 3 percent of all U.S. auto accidents in 2001, but caused nearly a third of all vehicle-occupant fatalities, and an SUV occupant was more than three times as likely to die as a result of a rollover as an occupant of a passenger car. SUV rollovers lead to fatalities because passengers are often thrown from SUVs. Some SUV rollovers undergo roof caving which increases injuries and fatalities. Fatalities in single vehicle SUV rollovers increased 22.3 percent from 2000 to 2001 and now account for 8,400 fatalities. Some make and model years have a higher propensity to roll over than other make and model years.

The manufacturers of Sport Utility Vehicles (SUV) are under increasing criticism for not improving the safety of these popular vehicles. Because the manufacturers do not want to pay compensation for personal injury or wrongful death, manufacturers aggressively defend SUV rollover accident cases and attempt to blame the driver rather than accept responsibility for the vehicles’ defects.

More than 30 of the 2002 SUVs tested by the National Highway Traffic Safety Administration earned just one or two stars, including the top-selling SUV, Ford Explorer, and other SUV models such as the Chevrolet Tahoe, Toyota 4Runner, Nissan Xterra, Suzuki Samurai and Sidekick, Jeep, and Mitsubishi Montero.

Minivans roll over frequently due to their higher center of gravity and narrow wheelbase compared to regular sedans. In these rollovers, often the occupants are seriously injured or killed due to injuries from roof crush, roof collapse, tire failures, seatback failures & defects, seatbelt injuries, and fuel-related explosions. Most minivans (as well as SUVs and light trucks) cannot withstand a rollover without serious roof crush or collapse.

Minivans and other types of vans are some of the most unstable cars on roads today. Despite their high rollover risk, minivans do not have proper roof structures or rollbar devices and most do not meet the National Highway Traffic and Safety Administration roof safety standards for automobiles. Most minivans roll over when taking emergency action after steering in one direction and then being forced to rapidly correct in the opposite direction, in instances such as avoiding another vehicle, an animal, or a person. The result often times is a rollover. Rollovers occur because of the absence of a lower center of gravity and a wider track width, which allows most automobiles to skid, spin and recover. But minivans and SUVs cannot safely undergo these maneuvers without rolling over.

Ford builds and sells most 15 passenger vans in the U.S. These fifteen-passenger vans are widely used by schools, churches and community organizations to drive groups of people to outings. Models include: the Ford Econoline or E-Series, such as the Ford E350 and Club Wagon E350, the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500 and the GMC Savana 3500 and Rally/Vandura G3500.

The rollover risk of 15 passenger vans is exceptionally high and has contributed to hundreds of serious injuries and deaths. On June 1, 2004, Dr. Jeffrey Runge, head of the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA), issued a warning to users of 15-passenger vans because of an increased rollover risk under certain conditions. Similar warnings were issued in 2001 and 2002. When filled with passengers, or driven above 50 miles per hour, the vehicles become substantially more unstable than SUVs or pickup trucks. Large vans are five times more likely to roll over when filled than when only the driver is in the vehicle. The greater passenger weight in a fully loaded van raises the van’s center of gravity and shifts it toward the rear. As a result, the van has less resistance to rolling over in an accident or emergency situation. Placing any load on the roof also raises the center of gravity and increases the likelihood of a rollover. The NHTSA found that eighty percent of those who died in 15-passenger van rollovers nationwide in the year 2000 were not wearing their seatbelts.