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Evaluating Cases at Intake: Identifying Potential Claims for Catastrophically Injured Clients MARK EMISON KCMBA JUNE 28, 2018
Economic Realities •Auto insurance is often inadequate • Missouri/Kansas minimum auto liability coverage: $25,000
• Illinois minimum auto liability coverage: $20,000
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What to look for when a client has suffered serious injuries?
No. 1 Priority
Preserve the evidence!
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Auto Product Defect Claims
Enhancing Recovery Through a Products Case •Heco v. JCI - $25K insurance policy. Product claim - $43million verdict
•Castillo v. Ford - $50K insurance policy. Product claim- $23 million verdict
•George v. JCI - $25K insurance policy on auto claim. Product claim- $8 million verdict
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Defective Seat Backs
Factors to Consider •Seatback failed (went back)
•Injury to the occupant of failed seat
•Injury to person behind the seat
Seatback failure may not be obvious; a first responder may have
lifted the seatback in extricating a passenger.
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Seat Back Failure Lawn Chair Passes
Federal Tests
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Case Study 1 Facts of the Case:
•Vehicle stopped in turn lane on roadway with 35 mph speed limit
•Vehicle hit from the rear • Striking Vehicle carried $25k in
coverage
What is the case worth? ◦ Would you accept a policy limits
offer from the carrier?
What if the inside of the vehicle looked like this?
What if the client was paralyzed?
Defective Airbags
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Airbag Defects
•Non-deployment
•Low-speed deployment
•Overly aggressive airbags (e.g., Takata)
•Lack of airbag systems
Shrapnel Airbags
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Evidence of Airbag Failure •High-speed impact with no airbag deployment
•Low-speed or non-frontal impact with airbag deployment
•Head injury where others walk away
•Localized injury (e.g., facial injury) Seatbelt Defects
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Factors to Consider •Was the person belted? Do not rely upon the accident report to determine this.
•If the person was belted and there is a severe injury or death, evaluate for a products case.
Passive Restraint System •Automatic seatbelts
•Door-mounted seatbelts
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What to Look For in a Passive Belt Case •Neck injuries o Cervical fractures
•Abdominal injuries o Lacerated liver
•Ejection from vehicle
Passive Belt Case
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Inertial Unlatching Cases What to Look For in an Inadvertent Unlatch Cases •Eyewitness testimony
•Habitual seatbelt use
•Physical evidence
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Latched Belt
Lap Belt Case
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Spool Out Case
Reclined Seat Cases
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Reclined Seats •The silent killer
•Vehicle users do not know of danger
Reclined Seat Kumar v. Toyota
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VIII. Vehicle Fires
Post-Collision Fire
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Factors to Consider •Car/truck fire
•Burn injuries (or in the event of a death, fire/thermal injuries were contributing cause) Evidence the decedent was moving or making sounds
CO level
Autopsy
•Theories of defect Fuel tank location, shielding
Fuel line materials/location/shielding
Fuel filler pipe design
Lack of in-tank check valve and/or anti-siphoning device
6 5/8
inches
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1997 F-150 Shield for 4 x 4 Ford’s Production Cost: $20 (approximate) Injury v. Circumstance
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Fuel Filler Pipe
Rollover/Roof Crush
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Common Defects •Lack of roof strength
•Susceptibility to rollover
•Failure of occupant containment
Evidence of Rollover Defect •On-road rollover
•Excessive roof crush – particularly at areas of roof supports
•Low-speed accidents
•Single-roll crashes
•Door openings
•Passenger ejection
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Roof Crush Occupant Containment
Failure
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Stability Cases
15-Passenger Van Cases
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15-Passenger Van Cases
Ford Explorer Cases
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Tire Defect Cases
Factors to Consider •Tire detread or some kind of tire failure
•Design/Manufacturing defects
•Tire defect caused a loss of control or other injury
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Tire failure = loss of control
Tire Defect Case
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Recreational Vehicle Defects
RV Defects •Very little engineering and testing actually done
•Crashworthiness issues Post-collision fire
Restraint Systems
Stability and tires
•Fuel and propane system defects
•Structural problems
•Fire and safety issues
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RV Case RV Case
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Aftermarket Modifications
Aftermarket Modifications Common in:
•RVs and camping trailers
•Ambulances
•Limousines
•Conversion vans
•Wheelchair-accessible vehicles
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Aftermarket Modifications •Many federal minimum standards do not apply to aftermarket vehicles
•May never be crash-tested in final configuration
•Manufacturers fail to adhere to basic engineering principles or undertake rigorous FMEAs
•Lack of standardized plans or blueprints
•No safety department to ensure design and testing compliance
Aftermarket Vehicles Hayes Ambulance
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Aftermarket Vehicle Boeckman (OK)
Consumer Products
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Safety Harnesses
Zip Lines
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Dolly/Hand Truck Cases Workplace Equipment
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Roadway Design Cases
Highway/ Shoulder Drop-off Case
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Improper Signage Case
Improper Signage Case
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