Published in The Legal Intelligencer
Below is a summary of “Crashworthiness in the 2020s,” published in The Legal Intelligencer:
Crashworthiness, the obligation for manufacturers to design vehicles that protect occupants during crashes, has evolved since the 1968 Larson v. General Motors case. This duty now extends to many vehicles, including airplanes, buses, trucks, and motorcycles, covering protection in frontal, side, rear-end, and rollover collisions. Vehicle safety features aim to mitigate injuries regardless of seatbelt use or crash conditions, ensuring protection against head, spinal, chest, and other serious injuries. Key systems, such as seat belts and airbags, work within milliseconds to absorb impact and preserve the "survival space" where occupants sit.
In crashworthiness claims, legal experts must assess whether a vehicle's design failure contributed to an injury. This involves analyzing the crash's dynamics, the occupant's movements, and the performance of safety features. By identifying design flaws or omissions, attorneys can argue that a lack of crashworthiness exacerbated injuries, requiring comprehensive reviews and expert insights to establish liability and secure justice for victims.
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