Personal injury lawsuits are good for Maryville and America just in general. They can disclose hidden hazards, problems with regulations, and they promote positive change.
The recent General Motors (“GM”) recall is an example of this. Certain GM vehicles have been recalled for a faulty ignition switch that has been linked to at least 12 deaths and more than 1.6 million recalled vehicles. The original lawsuit and attorney that pursued the wrongful death case helped bring awareness to the ignition problem and prompted the product recall, possibly saving a number of lives.
The car accident attorney had been approached in 2011 by the parents of Brook Melton. In 2010, Ms. Melton had been driving to her boyfriend’s house when her 2005 Chevy Cobalt veered into on coming traffic, crashing into another vehicle and killing Ms. Melton. The accident had been attributed to Ms. Melton and the police officer on scene had made a determination that the vehicle lost control because Melton was speeding. The parents sought representation to help defend against a law suit by the driver of the other vehicle.
After researching the case and downloading the data from the vehicle’s black box, the attorney quickly deduced that, not only had she not been speeding, the ignition had been in the “Accessory” position when it collided with the other vehicle. The parents brought a wrongful death and product defect case against GM. Since 2011, while fighting with the auto manufacturer’s attorneys, the ignition problem began to disclose itself. In March of 2013, GM settled with Melton’s parents. Because of the lawsuit, both the public and National Highway Traffic Safety Administration (“NHTSA”) have become aware of the problem.
Hidden Problem with Ignition
After investigating the TSB and consulting with engineers, the attorney determined that the problem stemmed from a spring in the ignition cylinder. The spring pushed a plunger holding the ignition in the “On” position. The weak compression in the spring allowed a small amount of torque to turn the cylinder from the “On” position.
What It Solved
According to court documents, in 2005 GM issued a Technical Service Bulletin (“TSB”) warning about problems with the ignition turning off. The TSB blamed it on heavy sets of keys. There has been some indication that GM knew of the problem all the way back to 2001.
Investigations Initiated
The NHTSA has begun investigations in to the ignition problem and GM’s actions. The Justice Department has begun a criminal investigation into whether GM failed to comply with the laws requiring a timely disclosure according to the New York Times.
Furthermore, Mary Barra, General Motors CEO has made a public video statement announcing an internal investigation for the purposes of reviewing their internal processes.
Out of these investigations, the federal agencies and the auto manufacturer will be able to determine whether there is fault and how to prevent the failure in the future. Whatever the final outcome, future cars will be safer and lives will be saved, which would not have happened without the original law suit.
What You Should Do
NHTSA and GM have initiated a product recall and have have recommended that owners of the suspected vehicles use the ignition key without anything hanging from the key ring. The list of recalled vehicles include:
- 2005 – 2007 Chevrolet Cobalt
- 2003 – 2007 Saturn Ion
- 2006 – 2007 Chevrolet HHR
- 2006 – 2007 Pontiac Solstice
- 2005 Pontiac G5
- 2007 Saturn Sky
Usually the NHTSA will notify owners of a vehicle recall, but it is recommended that all vehicle owners occasionally check the NHTSA database. If you own one of the listed vehicles, GM has a list of FAQs and contact information on their website.
Unfortunately, automobile accidents occur every day. A good car accident lawyer will be able to discover a hidden problems. Hartsoe Law Firm aggressively represents persons injured by the negligent actions of others. If you or someone you know has been injured due to a vehicle accident, it is recommended that you speak with a local vehicle accident lawyer as soon as possible so that they may help you obtain compensation you deserve.
If you have been the victim of a vehicle accident, contact Hartsoe Law Firm, P.C. at (865) 524-5657 or reach us by email.
Additional Resources:
Ignition Switch Safety Information, 2014, GM Website
NHTSA Timeliness Query on 2014 GM Recall of Ignition Switches , 2014, National Highway Traffic Safety Administration
More Blog Entries:
As Tennessee Man Survives Big Truck Accident, We Discuss Personal Injury Shaping of Vehicle Safety — Lake v. Memphis Landsmen, LLC., Feb 5, 2014, Knoxville Injury Lawyer Blog
Federal Motor Carrier Safety Administration Creates New Rules to Go After Non-compliant Trucking and Bus Companies, Jan. 22, 2014, Knoxville Injury Lawyer Blog
Sources
The Detroit News
The New York Times
USA Today
Safety Search