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Crashworthiness Litigation: Page 3
by Paul J. Komyatte and James L. Gilbert

Identifying The Particular Defect

If a product case is even suspected (or before one is ruled out), the accident vehicle should be secured and preserved immediately. The most importance evidence in an auto defect case is the accident vehicle. Without it, an automotive defect case is difficult if not impossible. Preserving the accident vehicle requires early action by counsel. Unless put on notice of a potential products case, most insurance companies will rapidly dispose of accident vehicles for salvage value. When this occurs, any products case is likely disposed of as well. 

Identifying a particular defect takes time and may require a preliminary accident reconstruction, a forensic examination of the vehicle, and a preliminary biomechanical analysis. 

Preliminary Accident Reconstruction. An accident reconstruction will reveal collision speeds, angles of impact and departure and changes in velocity. In rollover cases, a reconstruction will reveal the number of rolls, roll distance and unique aspects of the terrain, such as slope and drop heights and distances. If speeds or accident force levels are excessive, the preliminary reconstruction will sometimes be enough to rule out a products case. 

Forensic Examination. A forensic examination of the vehicle includes a detailed analysis of the interior portions of the car that the occupant may have contacted during the collision, including the headliner and roof, dash, steering wheel, windshield and header, side rail and body pillars. The presence of occupant impact marks, such as a head print in the roof, can prove critical in determining the cause of injury and connecting that injury to a defect. A forensic examination should also include a non-destructive inspection of the seat belt webbing and D-ring. When a belt has been worn during an accident, forensic markings sometimes referred to as "load marks" can often be found on both the seat belt webbing and the D-ring. In addition to proving the occupant was belted, these markings can also demonstrate where the belt locked and whether it was snug or slack at the time of lockup. 

It should be emphasized that any preliminary examination of the seatbelt and the vehicle itself must be non-destructive in nature. No components should be altered or removed from the vehicle. The seatback should typically not be reclined or elevated, and the seat itself should not be moved on the seat track – this is important since the post-accident position of the seatback and the seat position on the seat track constitute important evidence. 

Biomechanical Analysis. A preliminary biomechanical analysis builds upon the forensic examination and accident reconstruction and seeks to determine the "mechanism of injury." Put simply, how did the occupant get this injury and would this injury have occurred but for a defect? A biomechanical analysis combines the disciplines of engineering, medicine and physics to determine how occupants move during an accident and how bodies interact with the vehicle interior. A biomechanical analysis also requires a careful review of the early medical records to determine whether the occupant's injuries are consistent with key forensic evidence, such as potential head strike marks. 

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© Gilbert, Frank, Ollanik and Komyatte, P.C., 2000, reprinted with permission.  
For more information about Gilbert, Frank, Ollanik and Komyatte, see their website at http://www.auto-law.com.