Driver Safety: Seatbelt Defects

Mainstream driving has been a way of life for over a century. While the act of operating a vehicle is inherently dangerous, numerous improvements to vehicle safety systems over the past several decades has eliminated many of the dangerous aspects of driving that had plagued drivers in early years.

No other vehicle safety system is more prevalent or widely regarded as the Seatbelt. According to the National Highway Traffic Safety Administration, seatbelts account for approximately 11,000 lives being saved every year.* However, thousands of lives are lost every year due to seat belt defects. In 2003, an estimated 6,000 deaths were attributed to defective seat belts.**

The reasons for seat belt defects can range from design flaws, poor manufacturing quality or improper use by the driver. Each year, car manufacturers recall thousands of vehicles that have seatbelt defects. As recently as September 2011, Honda recalled 300,000 Pilot SUVs for poor stitching quality that could lead to a failure of the seatbelt upon impact.***

Seat belts are designed to prohibit the "2nd collision" in an accident. This is not a collision of vehicles, but a collision of the vehicle's occupants and the vehicle itself upon impact. Ideally, seatbelts should keep the body from colliding with the steering wheel, dash and windshield as well as limiting the chance of the body being thrown from the vehicle in a high-speed impact. If the seatbelt doesn't perform properly, it may result in severe bodily injury or death.

Severe injuries or even death can occur due to seatbelt defects. The following are just a few examples of the injuries a body can sustain from defective safety equipment:

• Internal hemorrhaging of vital organs
• Damage to the spine and/or spinal cord which could cause paralysis
• Damage to the skull and/or neck
• Mild to severe brain damage  
• Crushed ribcage and/or lungs
• Broken and/or fractured bones throughout the body

According to the National Highway Traffic Safety Administration, the most common seatbelt defects and poor seatbelt designs are as follows:

Inertial unlatching: A common seatbelt defect occurs when the belt unlatches upon impact. This failure of the fundamental purpose of the seatbelt can cause the occupant to impact with the steering wheel, dashboard or windshield. Even worse, the occupant could be ejected from the vehicle if the seatbelt becomes unlatched at the moment of impact.

Lap-only and shoulder-only seatbelts: While these types of "incomplete" seatbelts have been unavailable for several years, many older vehicles still employ them. Lap-only seatbelts will at best give some protection to the lower body while leaving the upper body completely unprotected. Gastrointestinal damage can also occur from the use of lap-only belts due to the weight of the occupant combined with the forward momentum of the body upon impact being centered directly on the mid section of the body. On the other hand, shoulder-only seatbelts only protect the upper body and in worse case scenarios may allow the occupant to partially or completely slide out of the belt upon impact causing major trauma to several areas of the body.

Tearing of the seatbelt: Seatbelts that are constructed of poor quality fabrics and/or stitching may tear or completely fail upon impact allowing the occupant to collide with various vehicle cabin components such as the steering wheel, dashboard or windshield. Even worse, the occupant may be ejected from the vehicle itself upon failure of the seatbelt at the moment of impact.

Unnecessary seatbelt slack: For reasons such as enhanced mobility or the ease of reach for personal items while driving, some drivers prefer to loosen their seatbelts. While this is not exactly a defect in the seatbelt equipment, the ability to loosen the seatbelt to the point of it not being effective is.

Door mounted belts: While rarely employed in late model vehicles, door mounted seatbelts still exist in older model vehicles and newer model vehicles that have been manufactured outside of the United States. This is a very poor design due to the fact that if the door becomes damaged upon impact the seatbelt may fail completely or even trap the occupant in the vehicle post impact.

FAQ

Q: I received a recall notice from my vehicle's manufacturer. Should I bring my vehicle in to the dealership or can I just take it to the "corner mechanic"?

A: You should always bring your vehicle in to the manufacturers dealership for any recall related matters. Your "corner mechanic" my not be certified to conduct manufacturer approved repairs. The dealership should also take full responsibility should the repair fails.

Q: The seatbelt(s) in my vehicle appear to be damaged or are not working properly. Should I bring my vehicle in for inspection/repair?

A: Absolutely -- the sooner the better. Over time, seatbelts can become damaged and/or non-operative due to manufacturing defects or improper use. Always bring your vehicle to the manufacturers dealership for safety equipment related repairs. Not only are the dealership mechanics qualified and certified to conduct such repairs, the dealership should also take full responsibility if repairs fail.

Q: I've been injured in an accident and I believe that a defective seatbelt may have been the primary cause of my injuries. What should I do?

A: If you've been injured because of a seatbelt problem, seek assistance from a personal injury attorney immediately. Wearing your seatbelt should not result in additional injuries beyond bruising from the restraint of the device during impact, which pales in comparison to the injuries that would be received should you impact the steering wheel, dashboard, windshield, or be ejected from the vehicle from a lack of seatbelt use. Reporting injuries from defective seatbelts not only provides compensation for you or your loved ones, but it helps remove these defective devices from the market, making the roads safer for everyone.

If you believe that you or a loved one has been injured as a result of a defective seatbelt, contact the lawyers at Sweeney Law Firm now to see if you have a case. The initial consultation is free, and if we agree to accept your case, we will handle your case on a contingency fee basis, which means we get paid for our services only if there is a settlement or recovery of funds.

* http://www.nhtsa.gov/people/injury/airbags/seatbelt%20broch%20web/nonpolice.html
** http://www.articlesbase.com/cars-articles/the-dangers-of-defective-seat-belts-443105.html
*** http://www.pcmag.com/article2/0,2817,2392761,00.asp