When Your Vehicle May Also Be To Blame for a Motor Vehicle Accident

When Your Vehicle May Also Be To Blame for a Motor Vehicle Accident

Most of you reading this article are aware that there are thousands of automobile crashes every single day in this country, sometimes resulting in very serious injuries or even death. What you may not know is that often times the cause of the injury and/or death may be a defective product connected to the motor vehicle in question.  Unfortunately, it’s easy for injured individuals and the surviving family members to overlook these cases that attorneys call product liability cases, particularly when the focus is on the at-fault driver during the initial case consideration.  It is almost as frequent for attorneys who do not typically undertake product liability cases to overlook the type of vehicle defects that sometimes cause the more serious injuries and death as the people suffering the injuries.

Every attorney who undertakes representation of a family who has suffered serious traumatic injuries or death by way of an auto accident should, of course, be asking who is the responsible party for the client’s injuries; that is, not only who caused the automobile crash, but also who is responsible for the client’s injuries. The answers to these questions may not be the same.

In attempting to determine if an automobile product defect played a role in one’s injury or death, you should consider a number of factors, including if the car seat was appropriate. During a car crash, seat backs can collapse backwards, causing the driver or passenger to be ejected from the automobile, to cause their hands to come free from the steering wheel, to cause their feet to come away from the brake, causing broken necks, severe brain injuries and in some cases, death.

Scott Blass and I tried Strope v. Honda a number of years ago in which that very thing occurred. Judy Strope was the unfortunate victim as she was stopped in traffic, rear-ended by a pickup truck, the seat back collapsed, she was forced into another lane of traffic, t-boned and died. But for the seat breaking and a defective seat belt, Judy would have suffered minor injuries and would still be with us today. That case was successfully tried in Ohio County to a multi-million dollar verdict.

Another product area that one should consider are roof crushes. Roof crushes can lead to catastrophic injury and death. They most often happen when a vehicle is broad-sided, rolls over and the roof collapses on the passengers causing severe brain injury and in some cases, decapitation. Scott Blass and I likewise were successful in bring about a multi-million dollar settlement on behalf of a young husband with several children who died in the Northern Panhandle a number of years ago as a result of the roof crush.

Air bags, particularly the Takata air bag for example, have seriously injured many people in this country. This is often overlooked by people whose families settle for thousands of dollars in serious injury and death cases when in fact their attorney should be considering a product liability case so as to collect from the real party at fault, the manufacturer.

Seat belts, as mentioned above, also are a source of injury and death when not properly installed. Once again, Takata has had a number of problems in this area that brought about injury and death, and it was this very thing that contributed to the death of Judy Strope in the seat back collapse case referenced earlier.

Defective car tires are also a problem and can cause blowouts and tread separation. This problem is particularly troublesome in the south where automobile tires are more likely to rot over a long period of time, and especially in vehicles that are not driven or used frequently; that is, a person may have an automobile that is 10 or 15 years old, with only 8,000 or 10,000 miles, and the tires appear to be safe, but may have actually rotted to the point that blowouts may occur, seriously injuring the occupants.

Another area that one’s attorney should consider is the gas tank fuel system. Fuel fed fires are another source of injury and often times, horrible deaths. My son, Jamie, has been involved in fuel fed fire cases and successfully settled these cases for many millions of dollars.

All in all, the message should be that when a person is seriously injured or whose loved one has suffered death as a result of an automobile accident, there needs to be more investigative work done with respect to the crash than just reviewing who caused the accident.

At Bordas & Bordas, we have over 40 years of experience and 17 lawyers licensed in numerous states that have obtained outstanding results in the past for our clients who were severely injured or killed due to product defects. If you feel you have been seriously injured by a defective product, please call us for help.  You have nothing to lose but a few minutes of your time. 


Most of you reading this article are aware that there are thousands of automobile crashes every single day in this country, sometimes resulting in very serious injuries or even death. What you may not know is that often times the cause of the injury and/or death may be a defective product connected to the motor vehicle in question. Unfortunately, it�s easy for injured individuals and the surviving family members to overlook these cases that attorneys call product liability cases, particularly when the focus is on the at-fault driver during the initial case consideration. It is almost as frequent for attorneys who do not typically undertake product liability cases to overlook the type of vehicle defects that sometimes cause the more serious injuries and death as the people suffering the injuries.