Seat Back Collapse During a Rear End Accident
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Car accidents are, unfortunately, a common occurrence on all roadways. However, many of us expect that at the very least we will be given some layer of protection by being inside our vehicles with our seatbelts on. However, the protective nature of our vehicles can often fail in many ways. One of these ways is by having the very seats we sit on collapse during an accident. A seatback is the upper portion of an automobile seat that is meant to remain intact during an automobile accident to reduce momentum and the risk of a passenger hitting the inside interior of a car.
When you are involved in an automobile accident that involves a car seat failure, the most important thing for you to do is to take care of yourself and recover from your injuries. The last thing you need on your plate is the burden of dealing with insurance companies or lawsuits. Let our experienced attorneys at Zinda Law Group fight for you so that you don’t have to go through this process alone.
The Dangers of Seat Back Failure
Seat back failure may occur for several reasons. Perhaps there is a lack of strength in the supporting structure of the seat due to bad design. Sometimes the impact of the collision may just be too much for the vehicle seats to properly withstand. This is particularly a risk in severe rear-end collisions. However, high speeds or severe impacts are not always necessary. Seat backs have failed in crashes where a vehicle is only moving at 16 miles per hour.
When seatback failure does occur, the results can be catastrophic. Not only can this type of defect make the actual collision worse by causing drivers to lose control fully, but it can also cause severe head and spinal injuries to both the driver and passengers. When your seat is not in the proper position, both seatbelts and airbags do not work to the best of their ability to protect the driver of the vehicle or anyone else in the car.
More importantly, a faulty seat back in a collision can mean terrible consequences for children who may be riding in the back seat. Every parent or guardian takes particular care to strap their children into their safety seats properly or make sure that everyone is wearing their seatbelt. Unfortunately, however, a faulty seat back that collapses can pretty much render all of those precautions useless as the failed seat may fall back onto the child, cause the car to jolt in such a way that the seat belts and booster seats are not prepared for, or allow a child to be impacted by an airbag that should have been blocked by the front seat.
Common Injuries from Seat Back Collapses
Here are a few of the common injuries that may occur after being involved in a car crash that led to car seat collapse:
- Spinal injuries
- Head injuries including traumatic brain injuries
- Back and neck injuries
- Broken bones
- Emotional trauma
How to File a Claim
If you have been injured after seatback failure in a car accident, follow these steps in order to file a claim and pursue the maximum compensation you may be entitled to:
1. Seek Medical Attention
No matter what, the most important thing to do in order to make a car accident claim is to seek medical attention for any bodily injuries. This is important because we want to encourage everyone to be safe and receive the treatment they need for all injuries big and small. Second, receiving professional medical treatment can make a big difference in your claim because a doctor can create an official record of your injuries and treatment plan. The insurance companies will want this type of evidence in order to make a determination on whether or not they should give you a settlement offer.
2. Call the Police
Calling the police to the scene of an accident is always important. A thorough police report will be a vital piece of evidence in your claim. Additionally, calling the police to the scene to give them the details of what happened shortly after you have been hit is very beneficial. Your memory recall will be better and then they can create an official report that can be used as evidence.
3. Thorough Documentation
Documentation in a seatback collapse case is incredibly pivotal. When the potentially responsible party is the automobile maker themselves, their insurance company will have a lot of questions. They pay their insurance providers a lot money in order to try and pay you as little as possible. Their lawyers will be experienced and ready to try and fight against you. Document anything and everything you can by taking photos, making notes, and speaking with any eyewitnesses who might have seen the person who hit you. The more evidence you have, the more likely you are to be successful.
4. Speak with an Attorney
Having an attorney with experience dealing with car crashes and seatback collapse cases is the best way to protect yourself from being taken advantage of. An attorney may be able to help open a claim with your insurance carrier and negotiate compensation. Our attorneys at Zinda Law Group have this experience and are happy to speak with you today to discuss your claim.
Car accidents can be traumatic and often cause physical and emotional injuries to those involved. Therefore, different types of compensation may be awarded to help you get your life back on track. If you have been injured in an accident after your car seat has collapsed, you may be entitled to both economic and non-economic damages.
Economic damages include the things that are easily quantifiable such as:
- Vehicle damage
- Medical bills
- Lost wages
Non-economic damages are a little more flexible and can include things such as:
- Pain and suffering
- Physical impairment
- Loss of enjoyment of life
An experienced attorney may be able to help you calculate what your claim is worth and help you seek the maximum compensation you may be entitled to based on the types of damages listed above.
Legal Time Limits
Many car accident victims or anyone seeking legal compensation don’t realize that time is one of the most important factors in being able to secure appropriate recovery and compensation. Each state has what is called the statute of limitations. This is a legal time limit in which you are legally permitted to file a claim for compensation. The clock starts ticking on your car accident claim the day you are injured in a car wreck. Under Texas law, you have two years to file any claims related to injuries sustained in the accident. After two years, you will not have the opportunity to file a lawsuit against a liable party. Therefore, you will not receive any damages or compensation for your recovery.
In the event a child has been injured in a car accident and wants to sue on their own behalf one day, then they will have two years from the date of their 18th birthday to file a claim for compensation.
What May Zinda Law Group Do?
At Zinda Law Group, our injury lawyers have helped many accident victims recover after suffering an injury. We have the experience necessary to help you build the strongest claim possible and seek maximum compensation for medical bills, property damage, lost income, pain and suffering, and much more. Further, we believe quality representation should never be out of reach for anyone. That is why we work on a contingency fee basis. If we don’t get you the compensation you seek, you owe us nothing.
The most important thing our attorneys may be able to assist with is the negotiation process. The negotiation process is anything but simple. Insurance companies have a very large and very well paid team of attorneys working for them to make sure they don't just hand over the money you want. Negotiating with an insurer can take months, sometimes even years. This is not something you will want to deal with on your own. Having an experienced attorney fighting for you makes this process so much easier. With the compensation you seek in mind, your attorney can negotiate for you. If, ultimately, you are unsatisfied with any potential settlement offers, your attorney can advise you on the process of filing a lawsuit and going to court.
If you have been in a car accident in which car seat failure contributed to your injuries, do not hesitate to call the car accident lawyers at Zinda Law Group for a free consultation. Our lines are always open at 720 536 0760.
Meetings with attorneys by appointment only.