How to Recognize the Crashworthiness Case
For the lawyer who does not specialize in personal
injury or crashworthiness, the most important question
is how to avoid overlooking a crashworthiness case.
There is no easy answer to this question. But we can
make some suggestions.
It is important to recognize that not overlooking
a crashworthiness case is different from actually determining
that a crashworthiness case exists. Making the determination
that a viable crashworthiness case actually exists
in a given set of facts can be very complicated and
expensive, involving examination of the vehicle, the
scene, and the medical facts by automotive design engineers,
reconstruction experts, biomechanics experts, and sometimes
others. It can be a lengthy and expensive process and
requires greater expertise than required to simply
avoid overlooking a potential case.
To avoid overlooking a crashworthiness case, the first
step is to become generally familiar with common types
of known defects and types of defect litigation. This
paper attempts to summarize the most important. Yet,
no summary can hope to pinpoint all kinds of potential
crashworthiness cases. The practicing lawyer must be
open to the possibility of crashworthiness cases not
listed here, or anywhere.
Perry & Haas does not offer any guarantee of
Past success in litigation does not guarantee success in any new or future
Our web site describes some of the cases that the attorneys of Perry & Haas have worked on in the past.
Our description of those cases is summary in nature.
You should be aware that the results obtained in each of the cases we have
worked on was dependent on the particular facts of each case. The results of
other cases will differ based on the different facts involved.