When Buckling Up Doesn't Work – Defective Seatbelt Lawsuits

With the exception of New Hampshire, all states and the District of Columbia have seatbelt laws requiring the use of a seatbelt for adults. Although New Hampshire does not have an adult seatbelt law, it does have a primary child passenger safety law that covers children under 18. These laws exist because many studies have found that proper seatbelt use can reduce the number of deaths and serious injuries from motor vehicle accidents. But what happens when you follow the law and use your seatbelt, but it does not work properly? Unfortunately, in many accidents a malfunctioning seatbelt can lead to more severe injuries and sometimes even wrongful death.

Common Seatbelt Defects

Sometimes injured parties may wonder if their seatbelt was defective or if the level of injuries sustained were simply the result of the magnitude of the car or truck accident. Some common seatbelt defects include:

• False latching (Belt does not actually latch even though a click is heard.)
• Inertial unlatching (The impact from the crash unlatches the seatbelt.)
• Webbing flaws (The material of the seatbelt is weak, causing rips or tears of fabric.)
• Excessive seatbelt slack (Seatbelt does not properly retract.)
• Door-mounted seatbelts (Opening of the door during crash could cause seatbelt to disengage.)
• Vehicle system failures (Seatbelt does not properly lock when brakes applied or otherwise does not function properly with rest of car's systems.)

When to Suspect Seatbelt Failure

Although it may be difficult to determine this without an expert or some type of investigation, the effectiveness and crashworthiness of the seatbelt should be verified.

• Possible signs that a seatbelt may have been defective include:
• Inconsistent magnitude of injuries among belted occupants.
• An injured vehicle occupant is found with a loose-fitting seatbelt.
• A belted driver or passenger in the vehicle makes contact with the windshield.
• Despite limited structural damage to the vehicle, a belted occupant sustains serious injuries, including massive head trauma.
• Belted occupants receive serious injuries from a minor or moderate vehicle collision.
• The seatbelt is ripped or it is pulled loose from its anchors.

If you or a loved one has suffered serious injuries although you were wearing a seatbelt during an accident and if you notice any of the above signs, you should discuss these facts with your personal injury attorney as soon as possible. Separate from any personal injury lawsuit that may be filed against negligent drivers involved, the above signs may indicate that you have the basis of a product liability lawsuit.