Seat belts are vital vehicle safety devices to keep drivers and passengers safe. But a defective seat belt can put those same people in extreme danger in the event of a crash.
When you suffer injuries due to a faulty or malfunctioning safety device, contact an experienced California seat belt injury lawyer at Bisnar Chase to hold the negligent manufacturers accountable.
Seat belt manufacturers and major vehicle makers across the U.S. are responsible for the safety of their products. However, some vehicle belts are prone to unlatching in the event of an accident. This can cause serious injuries or deaths.
Questions to ask your lawyer when meeting
Above all, you must ask your lawyer the following questions before they take on your auto defect case. These types of cases need an expert.
1. What experience do you have with handling defective seatbelt injury cases?
2. Have you handled any cases like this in California before?
3. What do you think are the critical issues in my case?
4. Who do you think would be responsible for my injuries? (manufacturer, driver).
5. What do you think the value of my case could be?
7. What are the critical challenges in pursuing my auto defect case?
8. What do you think the likely outcome of my case could be? Is it worth pursuing?
Bisnar Chase is a top-rated personal injury law firm renowned for winning major auto defect lawsuits against negligent car makers. We have the knowledge and experience to maximize your recovery. If you suffer injuries in a crash due to seat belt failure, trust our seat belt injury attorneys to secure the compensation you deserve.
We have recovered over $850M with a 99% success rate winning cases. Find out if you have a defective seatbelt accident case. Call for a free case evaluation at 888-955-0982.
Defective Seat Belt Injury Lawyers
How Much is a Seat Belt Injury Case Worth?
The value of your personal injury claim will depend on many factors, including how serious the injuries are, how much you suffered, and how much you lost. Someone severely injured will collect much more for a seat belt injury from a motor vehicle accident. Your lawyer should push for maximum financial compensation, whether it’s a settlement or a verdict.
We’ve had auto defect cases that ended in 7-8-figure payouts. A lawyer you know you can trust will not settle with insurance companies immediately. The attorney’s job is to fight for you as hard as possible.
Important evidence needed in your case is proving that the seat belt defect existed and that the defect led to your injuries and reason to seek monetary compensation.
Statute of Limitations for Filing a Defective Seat belt Injury Claim
In California the time to file a lawsuit for a personal injury is 2 years. time is of the essence to protect your rights and avoid the statute of limitations expiring.
How Much Does a Seat Belt Injury Lawyer Charge?
In California, personal injury attorneys typically charge 33 1/3 of what is recovered. The remainder goes to the client and his damages, like medical bills, property damage, pain and suffering, and lost wages.
Since we operate on a contingency fee basis, you never pay us directly, and we only take our share from the proceeds. We also work to get your medical costs and hospital bills reduced so that you keep more of what was won.
Elements of a Seat Belt Injury Case for Compensation
- Medical expenses: This includes the cost of all medical treatment that you have received or will need to receive due to your injuries. This includes the cost of doctor’s visits, hospital stays, surgery, physical therapy, and prescription medications.
- Lost wages: If you have missed work due to your injuries, you may be able to recover your lost wages.
- Pain and suffering: This non-economic damage compensates you for the physical and emotional pain and suffering you have experienced due to your injuries.
- Emotional distress: Non-economic damages compensate you for the mental and emotional distress you have experienced due to your injuries.
In addition to these damages, you may also be able to recover punitive damages in some instances. Punitive damages are awarded to punish the at-fault party for their reckless or intentional conduct.
Suppose you have been injured in a car accident and you are wearing a potentially defective seatbelt. In that case, it is essential to speak with an experienced accident attorney to discuss your case.
The Background on Seat Belts
On this page, we will tell you everything you need to know about seat belts. If you want to focus on what to do if you suffer injuries in an accident involving defective seatbelts, please skip ahead and contact our top-rated seat belt injury attorneys for top-quality representation.
Seat belts were invented in the 1800s to keep English pilots secure in their aircraft. A crude form of seat belt was included in a car for the first time in 1855, invented specifically to keep people safe in New York taxis.
It was not until the 1930s that experts performed proper safety testing, discovering how huge an impact a seat belt could have. The single-strap lap belt came first, before the current three-point seat belt design was created in 1958 and became widely used as an optional extra.
Finally, in 1968, seat belts became mandatory in all new cars in the U.S. It still was not until 1986 that wearing a seat belt was enforced by California law. Read more about the history of seat belts in the United States here.
How Seat Belts Work
The earliest seat belts were lap belts with a single strap pulling across a person’s waist. But most road cars now use the three-point belt design. A Swedish engineer created this design in 1958, and a Volvo was the first vehicle to use it.
The primary components of a seat belt system include the webbing, buckle, latch plate, retractor, and pillar loop.
The three-point seat belt works by securing the strap across the waist and diagonally down across the chest.
A buckle that clips into place pulls the belt over the shoulder and secures it. It consists of a lap belt and a shoulder belt connected to a buckle, retractor, and anchor. The three-point belt is so named because it has three contact points in the car – at the floor, roof, and buckle.
A three-point seat belt design is now the minimum requirement by law, and it is by far the most common design installed in standard road cars. Manufacturers or owners can install other types if they provide the same (or higher) protection.
For example, some high-performance cars or vehicles designed specifically for racing may be fitted with five or seven-point harnesses. These involve straps coming over each shoulder and clipping together before you rather than having the buckle by your side.
Why Are Seat Belts Important?
Seat belts are essential components in nearly all vehicles on the road, from cars and trucks to buses. There is a good reason for that. Failing to buckle up can be deadly.
The consequences of not wearing a seat belt include:
Ejection from the vehicle. The force of the crash can throw you through a door or windscreen, massively increasing the chances of major injuries or death.
You can be thrown at great force into the airbag as it opens. This impact is likely to cause extreme physical harm.
A passenger in a rear seat who is not wearing a seat belt can be thrown into the seat back in front of them, causing it to collapse on the occupant.
According to the National Highway Traffic Safety Administration (NHTSA), being safely buckled is the single most effective move you can make to protect yourself in a car accident.
The statistics tell a sobering story.
In the United States, more than 50% of fatal car accidents involve passengers who are not wearing seat belts.
Seat belts reduce the risk of critical injury by 60% in pickup trucks, SUVs, and vans.
An estimated 15,000 lives are saved by seat belts every year.
Dangerous Seat Belt Defects
Unfortunately, sometimes drivers and passengers can do everything right but suffer significant injuries due to a dangerous seat belt defect.
Many people use their seat belts precisely as intended, only for the vital safety devices to malfunction and endanger users in the event of a car accident. A seat belt defect involves the belt not working as it should. The most common seat belt malfunctions include:
- False latching: In some cases, a defective seat belt will feel like it has latched into place but has not adequately engaged.
- Coming unlatched: A seat belt could be properly engaged but spring open without warning.
- Locked in place: A seat belt buckle can sometimes become stuck in a latched position. This traps drivers and passengers in the vehicle in a crash.
- Strap spool and retractor issues: Seat belt straps are retractable. They unspool from a base and lock in place under pressure. However, a retracting problem could cause it to unspool and create too much slack.
- Structural or installation faults: Incorrectly fitted components fixing a belt in place could lead to a seat belt failing.
- Sub-par strap: Faulty straps might rip, tear, or fray and fall apart.
- Design problems: Having the seat belt fixed at the wrong anchor points or installing a lap-only belt that does not offer chest protection can be very dangerous in a crash.
Issues with False Seat Belt Latching
Ford’s Own Conclusion
During the period from 1967 through 1968, in Crash and Sled testing, Ford Engineer Peter Bertleson, Manager of Impact Dynamics at Ford, supervised approximately 500 crash tests involving test dummies, of which approximately 50 percent involved RCF-67/Type I side-release buckles.
Of these tests, Ford knew at the time that approximately 15 percent of the dummies were left unrestrained at the conclusion of the test. Ford concluded that at least ½ of these resulted from Ford’s own test technicians falsely latching the dummies into their buckles prior to initiation of the test.
Independent of false latching occurrences actually taking place during crash testing, Ford and G.M. had conducted a 1967 joint study that concluded that a new type of seat belt latch buckle incorporating a tongue eject feature was necessary to prevent false latching.
As early as the early 1970s, Ford developed General Product Acceptance Specifications, which mandated that a seat belt buckle “be designed to prevent false latching.” Nonetheless, Ford continued to use the RCF-67 which Ford knew was susceptible to false latching.
In 1973 and 1974, Hammill, a Division of Firestone, began manufacturing a “diecast” buckle. The “diecast” buckle looked remarkably similar to the RCF-67, but was made by Hamill under a Swiss patent which announced as its sole purpose, prevention of the danger of “false latching.”
After two years of production and installation of the buckle into Ford vehicles, Ford and Hammill abandoned the buckle to conserve manufacturing costs on a more “difficult” buckle to produce. Ford reverted the false-latching prone RCF-67.
Just a few years later, a false seat belt latch was actually captured on videotape, once again during barrier crash testing being performed by Ford. In 1978, Ford performed a Crash Test Ford, numbered 3888, a barrier impact tests the purpose of which was to determine fuel system integrity.
The buckle used for the dummies in the test was an RCF-67/Type buckle. The videotape clearly showed that at the time of impact, the crash test dummy occupying the front left passenger seat suddenly came unrestrained as its seat belt came flying off.
The dummy proceeded into and shattered the vehicle’s windshield. A human being in its place would have been killed instantly.
Ford’s employees and experts in previous lawsuits have since admitted that Ford’s own specially-trained engineers once again “falsely latched” the right front seat passenger into the right seat of the pickup truck used for Crash Test 3888.
In fact, the principal Engineer on Crash Test 3888 himself admitted in a deposition that the dummy had been buckled into the vehicle in a prep garage one-half mile from the test building, hoisted onto a tow truck, towed over poorly paved ground with potholes and cracks, jacked down from the truck and placed onto the test track and then accelerated into the barrier, and at no time prior to the initial impact did the falsely-latched buckle ever unlatch.
In spite of these developments, Ford did not begin phasing out the RCF-67 until the mid-1990s, except for a few new car lines developed in the mid to late 1980s, which were designed to be equipped from the start with specially designed side-release buckles possessing tongue eject features.
These included the Ford Probe, Taurus, and Mercury Sable. At the same time, Ford and GM were aware that an increasing number of inadvertent unlatching customer complaints and lawsuits were being filed arising from accidents involving RCF-67 buckles.
Ford’s response to these incidents was essential to conceal them from the public altogether, while secretly replacing RCF-67 buckles with the new end-release buckles now being supplied to Ford by buckle makers TRW VSSI and Allied Signal.
Inertial Unlatching – A Second Problem
The second problem with the RCF-65, 67/Type I is its susceptibility to become unlatched (even when previously fully latched) when a side-load is suddenly applied to the back of the belt buckle (such as during a side-impact collision or sudden rollover of the vehicle).
Under these circumstances, the body of the buckle suddenly moves opposite the direction of the button, but the inertial forces acting on the button cause it to remain relatively at the station and in place.
This effectively causes the release button to move toward the unlatched position, thus releasing the occupant suddenly and unexpectedly. Because the release occurs due to the inertial forces acting on the button, this type of inadvertent unlatching is called “inertial unlatching.”
Inertial unlatching can easily be demonstrated using an RCF 67 buckle, tongue and belt by fully latching, and then pulling on each end while slapping the back of the buckle firmly against a solid surface.
The tongue will instantaneously separate from the buckle. Unlike false unlatching, which the buckle and automakers conceded long ago is an inherent characteristic of the RCF-67/Type I buckle, they have steadfastly declared inertial unlatching to be impossible in real-world conditions.
Lawsuits Focusing on Inertial Unlatching
Major attention to inertial unlatching arose in 1992 when a syndicated CBS program, “Street Stories,” broadcast a segment focusing on several lawsuits that alleged that motorists and passengers (or their heirs) who had been wearing their RCF-67/Type I seat belt buckles became suddenly unlatching in accidents involving dynamic side-impact forces and were ejected from their vehicles and killer and/or seriously injured.
Shortly after the program aired, a petition was filed with NHTSA by a coalition of consumer groups to begin rule-making proceedings to investigate “inertial unlatching” to enact regulations preventing buckles susceptible to false latching from being released to the public.
The reaction by the automakers and buckle vendors was vehement denial that inertial unlatching could occur and vigorous opposition to the petition. When asked to supply statistics concerning accident claims and lawsuits arising from possible inertial unlatch incidents, the auto industry reported that few if any claims or suits had been filed implicating inertial unlatching, and that the problem was essentially nonexistent.
G.M. claimed that it had commissioned independent research from an accident analysis laboratory in Arizona, which proved that the inertial forces required to achieve an inertial unlatch in an accident were so severe as to be impossible in all but the most severe accidents (where the impact forces were so severe that even a properly-belted occupant could not be expected to survive).
In November 1992, even before the industry’s written responses were received and fully considered, NHTSA denied the petition on the basis that no evidence suggested inertial unlatching was actually a problem in real-world conditions.
Nonetheless, since 1992, hundreds of lawsuits have been filed against the major automakers citing inertial unlatching as the cause of deaths and serious injuries to occupants of RCF-67 and Type I-equipped vehicles.
If you or a loved one suffer injuries from any type of seat belt malfunction, including those listed above, you should contact a seat belt injury lawyer at Bisnar Chase.
Our experts have won millions of dollars for clients in auto defect cases. Call us for a free case review.
Proving Negligence in Defective Seat belt Injury Cases
To prove negligence in a defective seatbelt injury case, the plaintiff must show the following four elements:
- Duty of care: The defendant owed the plaintiff a duty of care. In this case, the defendant would be the manufacturer of the seatbelt or the automaker that installed the seatbelt in the vehicle.
- Breach of duty: The defendant breached their duty of care. In this case, this would mean that the defendant failed to design, manufacture, or install the seatbelt safely.
- Causation: The defendant’s breach of duty caused the plaintiff’s injuries. In this case, this would mean that the defective seatbelt failed to restrain the plaintiff in the car accident, resulting in their injuries.
- Damages: The plaintiff suffered damages as a result of their injuries. This could include medical expenses, lost wages, pain and suffering, and other losses.
Building the Case
- Expert testimony: An expert witness, such as a mechanical engineer or a safety expert, can testify about the defect in the seatbelt and how it caused the plaintiff’s injuries.
- Internal documents from the manufacturer: Internal documents from the manufacturer of the seatbelt may show that the company was aware of the defect but failed to take corrective action.
- Government safety standards: The plaintiff may also be able to show that the seatbelt failed to meet government safety standards including any previous recalls.
- Eyewitness testimony: Eyewitness testimony from the car accident may be able to show how the seatbelt failed to restrain the plaintiff.
- Similar cases: If the auto defect attorney has won these cases before, you have a good chance of having a solid case. Prior experience in defective seat belt cases will definitely help your case.
If you have been injured in a car accident and you believe that a defective seatbelt may have caused your injuries, it is important to speak with an experienced injury lawyer to discuss your case.
Car Accident Injuries v. Seat Belt Auto Defect
In most car accident cases, you are involved in a collision with another vehicle. If the other vehicle were mostly to blame for the crash, you would file a claim against the at-fault driver’s insurance policy.
But when the case has an auto defect element, things are a little bit different. An auto defect is a flaw in the vehicle that either causes an accident or contributes to the victim’s injuries. If your seat belt injuries were caused by a faulty device or made worse by a broken seat belt during a car crash, you might have an auto defect case against the vehicle manufacturer. You may still file a claim against the negligent driver, but you can also file a seat belt defect lawsuit against the automaker. Bisnar Chase is a top-rated auto defect law firm with an outstanding track record in holding manufacturers accountable. We have won all kinds of cases, including claims involving seat belt defects. Our personal injury lawyers can help you too.Seat Belt Defect Liability: Who is to Blame?
So, when can you file an auto defect lawsuit against a car manufacturer due to a faulty seat belt?
If the automaker was in some way negligent, they could be liable for your injuries and losses. Negligent vehicle manufacturer actions can include:- Poor belt designs: If the seat belt design makes it less functional or causes it to fail in a crash, this could constitute negligence.
- Manufacturing: The parts and components used to create a seat belt – including the strap, buckle, and retractable base – must be of sufficient quality.
- Installation: Negligence can also include mistakes made during the installation process that cause the device to malfunction, such as failing to secure the base anchor properly.
Types of Injuries Suffered in Seat Belt Failure Accidents
Car accidents are extremely dangerous. The velocity of the collision is often enough to cause severe damage.
A seat belt should hold the occupants of a car in place during a crash. They may still suffer injuries, but the belt significantly lessens them.
When a seat belt fails, the injuries are drastic. They often include:
- Broken bones.
- Internal injuries and organ damage.
- Head and neck trauma.
- Traumatic brain injuries.
- Crush injuries.
- Spinal cord injuries.
- Death.
- Seat belt syndrome.
What is seatbelt syndrome?
Seatbelt syndrome is a group of injuries that can occur when a person is wearing a seatbelt in a car accident. It is most commonly associated with lap belts, but it can also occur with three-point seatbelts.
Seatbelt syndrome injuries are caused by the seatbelt’s sudden and forceful compression of the abdomen. This can cause a variety of injuries, including:
- Bruising and abrasions on the abdomen and chest.
- Internal injuries to the abdominal organs, such as the liver, spleen, intestines, and pancreas.
- Fractures of the lumbar spine.
Seatbelt syndrome injuries can be serious and even life-threatening.
Factors that can increase the risk of seatbelt syndrome:
- Wearing the seatbelt too loosely
- Being seated too close to the steering wheel
- Being involved in a high-speed car accident
- Being pregnant
Tips to reduce your risk of seatbelt syndrome:
- Wear your seatbelt correctly.
- Adjust your seat to be at least 10 inches from the steering wheel.
- If you are pregnant, wear a pregnancy seatbelt designed to protect you and your unborn baby.
The type of serious injury you suffer will depend on the various belt malfunctions. For example, people whose belts unbuckle during an accident may be thrown forward into the windscreen or ejected from the vehicle. A restraint failure greatly increases the chance of wrongful death.
Obesity can lead to injury with seatbelts
Since a larger person may not fit into the seatbelt properly there is a danger of more serious injuries, especially if the seatbelt is already defective or dangerously designed. According to a study by Reed, M., Ebert-Hamilton, S., & Rupp, J. (2012):
Effects of Obesity on Seat Belt Fit. Traffic Injury Prevention, The results suggest that obesity effectively introduces slack in the seat belt system by routing the belt further away from the skeleton.
Particularly in frontal crashes, but also in rollovers and other scenarios, this slack will result in increased excursions and an increased likelihood and severity of contacts with the interior. The higher routing of the lap belt with respect to the pelvis also increases the likelihood of submarining in frontal crashes.
You should work with a California seat belt injury lawyer who will stand up for your rights and secure the compensation you deserve. Call 800-561-4887 for a free consultation.
What is Your Seat Belt Failure Case Worth?
The amount of money you can recover from a personal injury lawsuit will depend on the merits of the case. The greater the damages or losses suffered, the greater the expected compensation.
Factors accounted for in injury settlements, or jury verdict may include:- Pain and suffering.
- Medical expenses.
- Lost wages if the victim s unable to work due to their injury.
- Property damage.
- Rehab and care costs.
- Any other expenses caused by the negligence.
Signs of a Belt Failure: What Evidence Do You Need?
Whenever we handle a car accident case, we are looking for similar evidence. We advise car accident victims to take pictures at the scene of the crash to document the conditions, the damage to the vehicle, and any injuries suffered.
In an auto defect case involving a faulty seat belt, the most compelling evidence will be the car itself. If possible, you need to salvage the vehicle so our experts can examine it. By doing so, they will be able to build the strongest case possible for you. Many people do not realize that they may have a product liability case against the car company. But there are often telltale signs. You should look out for:- A belt that is unbuckled after an accident.
- Any visible issues with the belt, including frays and tears.
- Signs of damage to the buckle mechanism.
- Severe injuries that do not match the size of the collision or injuries sustained by others in the same vehicle.
How To Win Against a Major Car Manufacturer
Taking on a major car company can be daunting for accident victims. These massive multi-billion-dollar companies operate in one of the biggest industries in the world.
Any manufacturer will indeed have an army of lawyers working on its defense against a defect liability lawsuit. But you do not need an army of lawyers. You need the right auto defect law firm on your side. Bisnar Chase is that law firm. We have the skills, experience, and resources to win your case. Our team has handled countless auto defect claims against giants in the automotive world, winning millions of dollars for our clients. Some of our top results include:- $32,698,073: Auto defect against seat manufacturers.
- $24,744,764: Auto defect – seatback failure.
- $14,443,205: Auto defect.
- $12,248,000: Auto defect.
- $11,000,000: Motor vehicle accident and auto defect.
- $10,200,000: Auto defect.
- You (the plaintiff) suffered an injury.
- The defendant (the car manufacturer) was in some way negligent.
- That negligence caused the injuries.
Seat Belt Laws in California
Strict seat belt laws are in place for drivers and passengers across California.
According to Vehicle Code 27315 VC, anyone over the age of 16 must wear a seat belt. That includes drivers and all other occupants. Some states have exceptions for larger vehicles carrying passengers in side-facing seats, such as limos and party buses. It is important to note that amendments and updates can be made to seat belt laws. For example, in 2018, a new law was passed in California requiring all passengers in commercial buses to wear seat belts for the first time.Seat Belt Injury Statistics in California
1. Fatalities: In 2019, California had the highest number of seatbelt-related fatalities in the United States, with 807 deaths. (Source: National Highway Traffic Safety Administration)
2. Injuries: According to the NHTSA, California has the second-highest number of seatbelt-related injuries in the United States, with 8,731 injuries in 2019.
3. In California, seatbelt use is mandatory for all drivers and passengers in the front seat. (Source: California Vehicle Code)
4. According to the California Office of Traffic Safety, seatbelt use in California increased from 91.4% in 2018 to 92.6% in 2019.
5. According to the California Office of Traffic Safety, seatbelt use among drivers and passengers in the rear seat increased from 81.3% in 2018 to 83.2% in 2019.
Seat Belt Injury Lawsuit FAQs
Our goal is to help you feel comfortable with your decision to sign with our law firm. To do so, we are here to answer any questions you have about the legal process.
We answer some frequently asked questions below. If you have more questions, please give our experts a call!
Auto defect cases differ from car accidents because they involve negligence on the part of the vehicle manufacturer. Bisnar Chase is an industry leader in auto defect claims. Contact us to find out if you have a case.
The statute of limitations for filing a claim is two years from the accident date. But it is best to speak to a lawyer as soon as possible after an accident. This is especially true with an auto defect when salvaging the vehicle is particularly important in terms of evidence.
The timeframe for a faulty seat belt auto defect case will vary based on the circumstances of your case. Your attorney will do everything possible to secure the right outcome for you.
There is no need to pay a fortune out of pocket for an injury lawyer. At Bisnar Chase, we work on contingency. We advance the money needed to win your case. If we do not win, you pay nothing.
Defective Seat Belt: Major Cases and Lawsuits
Many people suffer injuries due to defective seat belts. Some famous cases demonstrating the dangers of faulty safety systems include:
Woman Awarded $37.6 Million After Car Crash
A 27-year-old woman was awarded $37.6 Million by a jury in 2019 after suffering a broken spine and permanent paralysis in a car crash. The victim was riding in an Uber—a Honda Odyssey—when the accident happened. The Uber ran a red light and collided with a truck. The victim sued Honda, claiming its two-part seat belt system contributed to her injuries.
$59 Million Recovery for Crash Victim Whose Legs Were Crushed
A man received a major settlement after suffering leg crush injuries in an auto accident. His legs were later amputated. The victim filed a claim against Toyota, and the company eventually ordered to pay $59.7 Million. The auto giant failed to provide any warnings about driving with the seat reclined, which made the seat belt ineffective during a crash and led to catastrophic results.
Class Action to be Launched Over Hyundai Exploding Seat Belts
Hyundai recalled more than 230,000 cars in May 2022 due to a dangerous fault that can cause their seat belts to explode and shoot metal debris through the vehicle when the strap locks during a crash. A new class action lawsuit claims that the manufacturer knew about the issue and should have acted sooner.
Hire a Top-Rated Seat Belt Injury Lawyer Near Me
After an accident, you need to work with a skilled seatbelt injury attorney that you can trust. You get just that with Bisnar Chase.
Our law firm offers superior representation. That is a broad term. Of course, it means that we have an outstanding track record of success. But we also take great pride in supporting our clients when they need it most. We offer:- A free consultation and a no win no fee promise.
- A national reputation for auto defect cases, including seat belt lawsuits.
- More than $850 Million won for our clients.
- A 99% success rate.
- Easy to contact with a commitment to our clients.
Contact a skilled defective seat belt injury lawyer today. Call (800) 561-4887, fill in the contact form on our website to send us an email, or use our website live chat.
