Alabama Product Injury Lawyer Blog

The Birmingham News reports that there was a one vehicle rollover accident on I-59 yesterday resulting in both occupants being taken to the hospital. It is reported that one of the passengers was thrown from the vehicle and one had to be taken out by the Birmingham firefighters. The accident happened yesterday, May 25th, at about 10AM.

This particular story caught my eye because evaluating and handling rollover accidents has been a large part of my legal career. As a defense lawyer, handling rollover cases on behalf of car companies became one of my specialties. In fact, for about the last 8 years of my practice as a defense lawyer, I was Regional Counsel for the southeast United States for all rollover lawsuits for one of the major car manufacturers. As a plaintiff's lawyer, I continue to handle these cases on behalf of those injured and killed in rollover accidents.

Rollover cases are very complicated to handle and evaluate. You must have an understanding of what vehicles should be able to do in certain situations and at what point is there nothing that a reasonably designed vehicle could have done differently under the circumstances of the accident. With current technology, many rollover accidents can be avoided. Most car manufacturers have developed ESC or electronic stability control systems which assist the driver in controlling the vehicle when performing emergency avoidance maneuvers and the like. Some manufacturers still make such ESC systems optional equipment in SUV type vehicles. I suggest that if you are considering purchasing any current model SUV, you inquire into whether it is equipped with an ESC type system or traction control. Every manufacturer has given the ESC system it has developed a different name. However, its important you ask about it and insist on having one equipped in your SUV if you are purchasing a current year model.

If you or a loved one have been injured or killed in a rollover accident, feel free to contact me to discuss whether there might be a potential claim against the car manufacturer with regard to either causing of the rollover, or not properly protecting the passengers in the vehicle during the rollover itself. Both are important issues to look at when determining whether the car manufacturer has responsibility for injuries sustained in a rollover accident.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (1)

Posted In: Alabama Accidents , Cars

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You remember back in 2001 or so, all the publicity about Ford Explorers rolling over and a big fight between Ford and its tire supplier about who was at fault; bad manufactured tires or a poorly designed vehicle. Well a class action was also filed at that time in California claiming that all that bad publicity reduced the resale value of the Explorers. After 7 years, Ford has settled these lawsuits which involve people in California, Connecticut, Illinois and Texas with Explorers of model years 1991-2001. Its one of those deals where the plaintiff's lawyers made a lot of money....reported to be $25 million...and all the consumers received were $500 vouchers to buy a new Explorer. Thanks, but in times of gas being almost $4.00 /gallon, what the heck do I want with another of your poorly designed vehicles which suck down gas. Even being a plaintiff's attorney, I have to say I'm not sure this is the best deal for the consumer. The judge indicated "It's not perfect...but its likely that a lot of people would have gotten nothing." The plaintiff's lawyer added that it also helped to contribute to safer vehicles.

Having done automobile products liability work for 18 years representing the car manufacturers
before I became a plaintiff's lawyer, I feel very confident that to the extent Ford has improved the design of its SUVs including the Explorer, it has been related to the countless number of lawsuits related to the severe injuries and death caused by a vehicle which was unreasonably unstable with a significant potential to rollover on dry smooth pavement. I'm not sure this action really would have had much effect on Ford changing the design of its vehicles. I have to agree on this one that the plaintiff's lawyers.....and the defense lawyers charging Ford very high hourly rates, were the real winners in this matter.

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Posted In: Cars

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It took almost 5 years of litigation, but GM has finally decided to pay up for a significant problem it created in its cars. GM used an engine coolant in about 30 models of its cars which caused significant engine problems in these vehicles. As a result, owners were having to pay for repairs which were caused by a product GM choose to put in these cars. It started with model year 1995 and includes popular models Olds Cutlass and Chevy Impala. It is reported by the plaintiff's attorneys representing the class that each consumer will recieve back about 50% of the cost of the repair due to the problematic engine coolant.

My only thought on this is why did this have to take so long? Almost 5 years of litigation when surely GM knew early on it had a problem it had to fix. And yes, it is reported that the plaintiff's lawyers involved in this litigation will receive a fee that will be split among many lawyers and law firms of up to $16.5 million. But I promise you, the firms involved in defending GM, billing by the hour, at an hourly rate of at least $250 per hour, made gobs and gobs of money off this litigation. So don't let that old standard line about the only winners in this litigation is the plaintiff's attorneys fool you. The lawyers representing GM and the corporate world, with tens, if not hundreds of lawyers working for them on just this litigation, make out like bandits. And behind closed doors they will tell you they rely on litigation like this to make the huge incomes necessary to keep the lawyers for GM going.

Posted by Craig P. Niedenthal | Permalink | Email This Post | Comments (0)

Posted In: Cars

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