Nearly head-on collision resulting in bilateral fractures of the legs of the driver, who was wearing seatbelt. GMC Envoy XL purchased new in 2003, with all sensors in front affected by the crash. A recall before we got the vehicle on drivers side airbag module, all warranty period services at dealer.
Injured party recently declined for long term care coverage as accident occurred during due diligence of insurer. Driver aged 52 still unable to walk after 9 weeks, unable to work at job of 4th grade teacher. Lower legs/ankles broken in 7 places when lower body slid down in crash. Prognosis is permanent damage to ankles, significant arthritis, chronic pain.
I am very sorry to hear about this tragic accident. Only a mechanical expert's review of the vehicle can determine whether the airbags were faulty here. I suggest you contact an experienced defective products attorney in your area immediately.
The information provided is based solely on the question and facts presented. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. www.joelhschwartz.com
There may be a case for a defective airbag. An expert would need to investigate the airbag. You can search Avvo's "find a lawyer" for a defective product lawyer in your state for representation.
Licensed in Pennsylvania & New Jersey & Serving the Nation. Only 29% Fee Deducted. 1-877-258-3083. www.InjuryLawyerPhiladelphia.com
It is unclear whether or not you have a viable claim. Was the vehicle repaired? It should be preserved in its post-accident condition until an expert can inspect it to determine the cause of the air bag failure. The fact of a recall by itself does not establish liability.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.
Airbag cases are extremely difficult cases to win. The car companies often take them to the mat. (Although many are settled with confidentiality agreements after liability is established.) If the car has not been turned over to the insurance company - Do Not let them take the car, and negotiate a buy out so you can keep and store the car. If the car has been fixed, make sure all the parts have been saved, and are in safe place. If the car has been fixed, and parts discarded the case gets tougher, and an engineer will have to work from photographs assuming they exist. The fact that the collision was head on from the photos will be obvious from proper photos, as will the lack of airbag deployment. There is an additional Rub, however, although airbags do protect the entire body, leg injuries do occur even with proper deployment. (I know this because I am nursing a damaged knee after a head on collision with a tree when a driver crossed over a double yellow into my lane.) Anyhow, these are tough cases. The earlier you involve an attorney, the better. If you'd like to discuss, please feel free to call.
Unfortunately, this is another situation where your vehicle was manufactured by a company that is now bankrupt. GM (new company) has very limited, if any, liablity for GMC vehicles manufactured in 2003. Dealer may be liable for faulty service if there was a recall and they didn't properly repair/replace affected parts.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline