How Safe is Your Car?

On the heels of the recent Toyota sudden acceleration issue, which has triggered approximately 10 million recall notices worldwide, the issue of auto defects is a hot topic, not only at the forefront of the news media but also engrained in the minds of today's consumers.

While this particular case has shed a mass media light on the issues plaguing automakers such as Toyota, auto defects and auto defect litigation have been around since the first vehicles were ever produced. And for almost as long, product liability lawsuits have been the primary catalyst for prompting changes in automobile design and manufacturing, improving the safety of vehicles for the motoring public.

A landmark product liability case occurred as early as 1916 when Donald MacPherson of Sarasota Springs, New York, was awarded over $5,000 in compensation for injuries sustained when the spokes of his runabout's rear wheel snapped, causing the car to flip over and trap him under the rear axel. This case set the precedent for manufacturers to demonstrate a "duty of care" to protect customers from defective products.

Despite the fact that a majority of auto makers neglect that duty of care even today, product liability litigation has been the principal driving force behind auto safety improvements throughout history, far beyond anything federal regulators or lawmakers have been able to accomplish. In fact, some of the most significant safety enhancements made to cars over the last 50 years stem from auto defects litigation.

For example, in the late 1960s, General Motors Corporation was held liable for personal injuries sustained by a driver who suffered severe trauma after his head impacted with the steering column of his 1963 Corvair during a collision. This lawsuit prompted steering column impact-absorption design changes that have since become the norm, not the exception, in every car manufactured today.

Probably the most prominent safety enhancement made as a result of auto defects litigation involved modifications to gas tank placements after small cars such as the Ford Pinto exploded during rear-end crashes in the 1970s. The Ford Pinto debacle proved a watershed moment in the history of auto defect litigation, since, as a result of this case, car makers suddenly became liable for a defect that caused injuries even if that defect didn't actually cause the crash itself.

What's more, a decades-long history of auto liability lawsuits, coupled with the formation of the National Highway Traffic Safety Administration in the late 1960s, subsequently led to additional safety enhancements in virtually every car manufactured on the road today, including non-shattering glass, enhanced tire design, electronic stability control, and shoulder restraints required for every seat of every car.

While these design modifications have certainly made drivers safer, auto makers still have a long way to go to adequately protect the safety of their customers. Unfortunately, window systems remain defective, tire treads continue to separate, electronic stability control has yet to be become standard equipment and shoulder restraint systems, while installed in every seat of every car, continue to fail by false latching, inertial unlatching or submarining during collisions.

However, the indisputable fact is that auto defects litigation has moved the industry along farther and faster than anyone or anything else when it comes to improved vehicle safety. Like the rest of the world, we continue to watch Toyota's developments unfold with the bittersweet knowledge that even though innocent victims have already died, the resulting lawsuits will most likely prevent future injuries and wrongful deaths due to a vehicle defect.

For more information, please get your free copy of Still Unsafe At Any Speed: Auto Defects That Cause Wrongful Deaths and Catastrophic Injuries ($29.99 at Amazon.com).

The Ins and Outs of Product Recalls

Each year, there are hundreds of recalls on defective or contaminated products bought and sold in the U.S. -- recalls that could very well prevent catastrophic injuries or death to the consumers who use and consume them. But with the sheer volume of recall notices occurring each year, you probably won't hear about them in the news unless they involve food or children's products.

So how do you know when an item has been recalled? What are the steps you should take when you learn of a recall? In this section, we offer important tips to help you avoid using or consuming a defective or contaminated product, to keep you, and those you love, safe.

Tip #1: Stay informed about product recalls.

Even with required registration and computerized databases, certain manufacturers of products don't have a legal responsibility to contact you -- or the capability to do so -- should a product recall occur. That means it's up to you to stay informed. Whenever possible, register your contact information when you purchase an item and be sure to sign up for email alerts that notify you if a product is part of recall. Finally, use the Internet to research recalls by visiting websites for the Food and Drug Administration, the U.S. Consumer Product Safety Commission or the National Highway Traffic Safety Administration for auto recalls.

Tip #2: Stop using the product immediately.

Surprisingly, an item might be recalled in one state, yet still available for lawful purchase in another. Further still, a nationwide recall may have been issued, yet the product might still be available on store shelves in cities around the U.S. When products are recalled, what happens to the unsold products? They wind up being sold at off brand stores, swap meets, garage sales or sent out of the country for sale.

To keep apprised of product recalls local to you, check your state's attorney general website or governor's office website. To keep abreast of nationwide recalls, visit the websites listed above in the Tip #1 section of this article. If you know an item is part of a recall, yet still available for purchase in your city or state, it's best to avoid purchasing it.

When shopping at a non-traditional store and the asking price is way below what you would expect, you may be looking at a recalled product.

Tip #3: Avoid recalled products still available for purchase.

If you've purchased a product that's been recalled, be sure to get additional details about what to do in order to return it, repair it or to get a replacement. Often times manufacturers will set up a customer service hotline to answer questions or rectify issues.

If no hotline has been established, reach out directly to the manufacturer's main phone number or website for additional instructions.

Finally, if you're unable to obtain information directly from the maker of the product, contact the governmental organization handling the recall to see if it might provide pertinent information about what to do.

Be on the Hit-and-Run Lookout

According to recent industry reports, the number of hit-and-run car accidents has risen sharply in California. After years of decline, more drivers are fleeing the scenes of deadly crashes in California than in any other state in the nation. In 2007, close to 250 people died in hit and run car accidents in California, with more than 25,000 people suffering injuries from various types of hit-and-run collisions.

In the coming weeks, BISNAR | CHASE, in conjunction with WeTip, a leading anonymous crime reporting service and law enforcement advocacy non-profit organization, is launching a program designed to wipe out hit-and-run offenses in the state of California. See www.HitAndRunReward.com for more details.

Since its inception in 1972, WeTip has facilitated over 475,000 anonymous tips leading to over 15,000 criminal arrests and more than 8,000 convictions, including hit and run offenders. Tips from all 50 states, including Puerto Rico and the Virgin Islands, as well as Canada, are managed 24 hours a day, seven days a week by the company's bilingual operators trained in safeguarding complete anonymity of each informant.

We're very excited about the launch of this program and look forward to announcing more details about it in the coming weeks. Stay tuned!

Be prepared in the event of any car accident, get your Free Car Glovebox Accident Kit right now!

Walk Like MADD!

BISNAR | CHASE is a corporate patron and water sponsor of Walk like MADD 2010 on Saturday, May 8, 2010 in Huntington Beach. This event is designed to help Mothers Against Drunk Driving (MADD) support programs for both victims of drunk driving as well as programs to help prevent drunk driving and underage drinking in Orange County.

To be a part of this event, or to learn how MADD helps victims of drunk driving click above ... or visit the Walk Like MADD 2010 OC website today.

Lawyer Joke -- Out to Lunch

Two attorneys went into a diner and ordered two drinks. Then they produced sandwiches from their briefcases and started to eat.

The owner became quite concerned, marched over and told them, "You can't eat your own sandwiches in here!"

The attorneys looked at each other, shrugged their shoulders and then exchanged sandwiches.

In the Product Defect Liability Lawyer Blog

Here are a few recent car accident stories that have been in the news, as covered on the www.ProductDefectNewsAndAdviceBlog.com ...

• March 1 - Why Consumers Need Trial Lawyers
• March 9 - Runaway Toyota Prius Almost Causes Car Accident in San Diego
• March 15 - Was Orange County Car Accident Caused by Toyota Sudden Acceleration Issues?

Don't miss out! Get a copy of John Bisnar's book The Seven Fatal Mistakes That Can Wreck Your California Personal Injury Claim while it's still available at no cost.