Economic Realities. Evaluating Cases at Intake: Identifying Potential Claims for Catastrophically Injured Clients MARK EMISON KCMBA JUNE 28, 2018

Transcription

1 Evaluating Cases at Intake: Identifying Potential Claims for Catastrophically Injured Clients MARK EMISON KCMBA JUNE 28, 2018 Economic Realities Auto insurance is often inadequate Missouri/Kansas minimum auto liability coverage: $25,000 Illinois minimum auto liability coverage: $20,000 1

2 What to look for when a client has suffered serious injuries? No. 1 Priority Preserve the evidence! 2

3 Auto Product Defect Claims Enhancing Recovery Through a Products Case Heco v. JCI - $25K insurance policy. Product claim - $43million verdict Castillo v. Ford - $50K insurance policy. Product claim- $23 million verdict George v. JCI - $25K insurance policy on auto claim. Product claim- $8 million verdict 3

4 Defective Seat Backs Factors to Consider Seatback failed (went back) Injury to the occupant of failed seat Injury to person behind the seat Seatback failure may not be obvious; a first responder may have lifted the seatback in extricating a passenger. 4

5 Seat Back Failure Lawn Chair Passes Federal Tests 5

6 Case Study 1 Facts of the Case: Vehicle stopped in turn lane on roadway with 35 mph speed limit Vehicle hit from the rear Striking Vehicle carried $25k in coverage What is the case worth? Would you accept a policy limits offer from the carrier? What if the inside of the vehicle looked like this? Defective Airbags What if the client was paralyzed? 6

7 Airbag Defects Shrapnel Airbags Non-deployment Low-speed deployment Overly aggressive airbags (e.g., Takata) Lack of airbag systems 7

8 Evidence of Airbag Failure High-speed impact with no airbag deployment Low-speed or non-frontal impact with airbag deployment Head injury where others walk away Localized injury (e.g., facial injury) Seatbelt Defects 8

9 Factors to Consider Was the person belted? Do not rely upon the accident report to determine this. If the person was belted and there is a severe injury or death, evaluate for a products case. Passive Restraint System Automatic seatbelts Door-mounted seatbelts 9

10 What to Look For in a Passive Belt Case Neck injuries o Cervical fractures Abdominal injuries o Lacerated liver Ejection from vehicle Passive Belt Case 10

11 Inertial Unlatching Cases What to Look For in an Inadvertent Unlatch Cases Eyewitness testimony Habitual seatbelt use Physical evidence 11

12 Latched Belt Lap Belt Case 12

13 Spool Out Case Reclined Seat Cases 13

14 Reclined Seats The silent killer Reclined Seat Kumar v. Toyota Vehicle users do not know of danger 14

15 VIII. Vehicle Fires Post-Collision Fire 15

16 Factors to Consider Car/truck fire Burn injuries (or in the event of a death, fire/thermal injuries were contributing cause) Evidence the decedent was moving or making sounds CO level Autopsy Theories of defect Fuel tank location, shielding Fuel line materials/location/shielding Fuel filler pipe design Lack of in-tank check valve and/or anti-siphoning device 6 5/8 inches 16

17 1997 F-150 Shield for 4 x 4 Ford s Production Cost: $20 (approximate) Injury v. Circumstance 17

18 Fuel Filler Pipe Rollover/Roof Crush 18

19 Common Defects Lack of roof strength Susceptibility to rollover Failure of occupant containment Evidence of Rollover Defect On-road rollover Excessive roof crush particularly at areas of roof supports Low-speed accidents Single-roll crashes Door openings Passenger ejection 19

20 Roof Crush Occupant Containment Failure 20

21 Stability Cases 15-Passenger Van Cases 21

22 Ford Explorer Cases 15-Passenger Van Cases 22

23 Tire Defect Cases Factors to Consider Tire detread or some kind of tire failure Design/Manufacturing defects Tire defect caused a loss of control or other injury 23

24 Tire failure = loss of control Tire Defect Case 24

25 Recreational Vehicle Defects RV Defects Very little engineering and testing actually done Crashworthiness issues Post-collision fire Restraint Systems Stability and tires Fuel and propane system defects Structural problems Fire and safety issues 25

26 RV Case RV Case 26

27 Aftermarket Modifications Aftermarket Modifications Common in: RVs and camping trailers Ambulances Limousines Conversion vans Wheelchair-accessible vehicles 27

28 Aftermarket Modifications Many federal minimum standards do not apply to aftermarket vehicles May never be crash-tested in final configuration Manufacturers fail to adhere to basic engineering principles or undertake rigorous FMEAs Lack of standardized plans or blueprints No safety department to ensure design and testing compliance Aftermarket Vehicles Hayes Ambulance 28

29 Aftermarket Vehicle Boeckman (OK) Consumer Products 29

30 Zip Lines Safety Harnesses 30

31 Dolly/Hand Truck Cases Workplace Equipment 31

32 Roadway Design Cases Highway/ Shoulder Drop-off Case 32

33 Improper Signage Case Improper Signage Case 33

34 Thank You Mark Emison (660)