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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

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What to look for when a client has suffered serious injuries?

No. 1 Priority

Preserve the evidence!

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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

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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.

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Seat Back Failure Lawn Chair Passes

Federal Tests

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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?

What if the client was paralyzed?

Defective Airbags

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Airbag Defects

•Non-deployment

•Low-speed deployment

•Overly aggressive airbags (e.g., Takata)

•Lack of airbag systems

Shrapnel Airbags

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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

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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

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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

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Inertial Unlatching Cases What to Look For in an Inadvertent Unlatch Cases •Eyewitness testimony

•Habitual seatbelt use

•Physical evidence

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Latched Belt

Lap Belt Case

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Spool Out Case

Reclined Seat Cases

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Reclined Seats •The silent killer

•Vehicle users do not know of danger

Reclined Seat Kumar v. Toyota

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VIII. Vehicle Fires

Post-Collision Fire

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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

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inches

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

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Fuel Filler Pipe

Rollover/Roof Crush

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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

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Roof Crush Occupant Containment

Failure

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Stability Cases

15-Passenger Van Cases

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15-Passenger Van Cases

Ford Explorer Cases

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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

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Tire failure = loss of control

Tire Defect Case

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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

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RV Case RV Case

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Aftermarket Modifications

Aftermarket Modifications Common in:

•RVs and camping trailers

•Ambulances

•Limousines

•Conversion vans

•Wheelchair-accessible vehicles

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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

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Aftermarket Vehicle Boeckman (OK)

Consumer Products

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Safety Harnesses

Zip Lines

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Dolly/Hand Truck Cases Workplace Equipment

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Roadway Design Cases

Highway/ Shoulder Drop-off Case

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Improper Signage Case

Improper Signage Case

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Thank You

Mark Emison

(660) 259-9908

Mark@lelaw.com