Crashworthiness Issues in Automotive Products Liability Cases

In order to succeed in a products liability action against the manufacturer or seller of a motor vehicle, a plaintiff has to show that the vehicle as sold contained a defect that created an unreasonable risk of death, personal injury, or property damage when used for its intended purpose and that the defect caused an accident or similar occurrence, such as a vehicle fire, that resulted in the loss for which the plaintiff seeks to recover damages. Automotive products liability cases may involve allegations that a car or truck was defective in some aspect of the way in which it was designed, in the manner in which its parts were manufactured and assembled into a complete vehicle, or due to a failure to warn the purchaser or user of the vehicle of some danger inherent in its use and operation. Cases involving the doctrine of crashworthiness (which is sometimes referred to as enhanced injury or second collision) constitute a subset of those cases in which it is alleged that a design defect in a vehicle was the cause of the injuries complained of.

Medical Payments Coverage in Auto Insurance

Physical injuries requiring varying degrees of medical attention that range from the superficial to the extensive are a common consequence of motor vehicle accidents. Medical payments provisions have been included in auto insurance policies in order to provide insured persons and occupants of covered vehicles reimbursement of payments made in obtaining such medical treatment after an accident.

Interaction of Collision and Comprehensive Coverage in Auto Insurance Policies

Collision coverage and comprehensive coverage in policies of motor vehicle insurance are interrelated with one another, as both types of coverage are intended to protect an owner or operator against loss resulting from damage to a covered vehicle itself rather than insuring against legal liability for personal injury or property damage suffered by others that results from operation of the covered vehicle.

Coverage for Hit-and-Run Accidents

A typical hit-and-run accident is a collision between two vehicles, and one of them leaves the accident scene. However, there are other types of hit-and-run accidents. A hit-and-run accident may also involve chain reaction accidents, flying auto parts, auto debris on the road, and objects thrown or shot from other vehicles.

Transporting Hazardous Materials on Roadways

Without trucks products could not get to the neighborhood store. But traveling the roadways with the artichokes and widgets are shipments of hazardous cargo, like flammable liquids, biomedical waste, and radioactive materials. When a truck containing molasses overturns on a highway, the resulting cleanup can be sticky. When a truck containing dynamite overturns on a highway, the cleanup is very risky.