Monday, August 6, 2012

18 Wheeler (Truck Wreck) Insurance & Accident Claim Information

Interstate Truck Wreck Safety, FMSCA Violations, Company Truck Accident Investigation, Commercial Vehicle Insurance & Accident Claims, and Interstate Truck Accident Lawsuits

 
Approximately 9 million trucks travel the roads, highways, and streets of the United States every year.  The trucking industry that profits from these trucks includes about 110,000 for-hire carriers and 350,000 independent owner-operators with combined annual revenue of nearly $200 billion.  The trucking industry combined with other commercial vehicles are a dominant part of the United State economy and are necessary for many of our modern conveniences, but are also responsible for many of the fatal and catastrophic injury automobile accidents that occur on our highways and roads.  Approximately, 4000 people are killed in fatal trucking accidents each year and approximately 80,000 more people suffer serious life altering injuries.

This Truck Accident and Commercial Vehicle Information Center discusses some key issues regarding interstate truck accidents and commercial vehicle collisions.  This information is not intended as specific legal advice on a specific case.  For legal advice regarding a specific accident claim, contact Jason S. Coomer or another experienced truck collision commercial vehicle lawyer.  You can find more information about Big Rig or Truck accident claims at http://www.texaslawyers.com/coomer/bigrigaccidentclaims.htm.

Dangers of Interstate Trucks, Commercial Trucks, and Company Vehicles and the Need for Safe Operation of Large Vehicles

 
Unfortunately, with large trucks and commercial vehicles driving on our roads and highways comes the potential of fatal accidents and catastrophic damages.  Untrained, overworked, or inexperienced  drivers all too often lose control of their vehicles causing them to jackknife, overturn, or collide with and smash passenger vehicles.  Many of these truck drivers and commercial vehicle drivers are overworked, on caffeine or other drugs, and are rushing to meet a deadline.  These factors are extremely problematic when these drivers are driving vehicles that weigh many tons and collide with smaller vehicles.  When this happens, it is typically the passengers of the smaller vehicle that are killed or suffer catastrophic injuries.
Truck drivers, commercial vehicle drivers, and the companies they work for have a duty to operate their vehicles in a safe manner, but unfortunately sometimes saving money on maintenance, training, safety, or staff as well as making more money by speeding to make deadlines are more important to trucking companies, delivery drivers, and truck drivers. Unsafe driving, oversized or unsecured loads, and various other careless factors put the public and the truck operators in danger.  Some of these factors include:
  • Unqualified drivers who have a history of reckless driving or accidents
  • The driver rushing to meet a tight delivery deadline
  • The driver is on drugs or has been drinking
  • The driver is fatigued and tired due to driving for long periods
  • The driver is stressed and not paying attention to other drivers
  • Difficult to see blind spots from a large truck
  • The driver does not leave enough space between vehicles
  • Improper truck maintenance (defective brakes or tires)
  • Improper securing of loads
  • Under trained drivers
  • Mechanical failure and defective components
  • Overloading of the truck
For more information on Trucking Safety and the Dangers of Trucking that can result in a fatal truck collision or catastrophic injury commercial vehicle accident, please go to the following Trucking Safety web page.

Truck Collisions and Commercial Vehicle Accidents are Often Caused by Violations of the FMCSA and Trucking Companies Trying to Save Money at the Expense of Safety


Many truck and commercial vehicle accidents are caused by trucking companies and/or drivers sacrificing safety to make more money.  From poor maintenance of trucks to overworked and under trained drivers, cutting corners and committing FMCSA violations can lead to devastating fatal and catastrophic injury trucking accidents. 
For more information on FMCSA Violations relating to a fatal truck collision or catastrophic injury commercial vehicle accident, please go to the following FMCSA Violation web page.

Investigating Truck Collisions and Commercial Vehicle Accidents Typically Requires Preservation of Evidence and Discovery Requests for Important Records

 
Investigating a truck collision or commercial vehicle accident usually requires preserving evidence and seeking records from the trucking company, truck driver, and insurance company to determine what caused the accident.  Unfortunately, it is typically necessary to file a law suit to obtain these documents through discovery.
For more information on preservation of evidence and obtaining important records & evidence relating to a fatal truck collision or catastrophic injury commercial vehicle accident, please go to the following Accident Investigation web page.

The Main Goal for Most Insurance Adjusters, Defense Lawyers, and Risk Managers that handle Commercial Truck Wreck Claims is to Save Their Insurance Company, Trucking Company, or Delivery Company Money


In handling Truck Wreck Lawsuits, it is important to realize that multiple insurance companies and risk management departments may be involved in evaluating an automobile accident claim. Both insurance companies and risk management departments have professionals whose jobs are to limit the amount that their insurance company or risk management department pays on any claim regardless of the liability facts or damages. It is therefore important to make sure that if you are in a serious truck wreck or have lost a loved one in a fatal truck accident, to have an experienced truck accident lawyer to handle these adjusters and trucking company defense lawyers.
Adjusters, risk managers, and defense lawyers at insurance companies and risk management departments are often the professionals that make the decisions on what will be paid for truck accident compensation on a claim prior to a lawsuit going to trial. These professionals will often spend tens or hundreds of thousands of dollars to avoid paying a claim.
For more information on commercial vehicle insurance, interstate truck insurance, and dealing with insurance adjusters, risk managers, and defense lawyers, please go to the following Commercial Vehicle Insurance web page.

Obtaining Compensation and Protecting Victim from Insurance Adjusters, Defense Lawyers, and Risk Managers


People that have been injured in a truck accident or families that have lost loved ones in commercial vehicle collisions often need help in seeking just compensation and protection from insurance adjusters, risk managers, corporate trucking attorneys, and defense lawyers.  Typically, these people need to heal and grieve from the commercial truck accident instead of battle the agents of delivery companies, trucking companies, and insurance companies that are trying to protect their profit margins. 
In handling Interstate Truck Accident Lawsuits, Attorney Jason Coomer knows that Semi Truck and Commercial trucks are governed by the U.S. Department of Transportation and must carry liability insurance for accidents that result in bodily injury or death, while each state requires minimum liability coverage for commercial vehicles not regulated by the U.S. Department of Transportation. In these Interstate Truck Collision Claims, he locates all known insurance on each automobile involved in the collision to maximize the recovery that is made for the injured person or the family of the deceased.
In locating insurance and all potential sources of recovery, it is important to review all potential parties that be liable for the accident to determine their insurance and or their ability to pay a large verdict. If you or someone in your household has been in an accident with a commercial vehicle, you have probably already been contacted by at least one commercial truck insurance adjuster. Hopefully, it is not too late to heed this advice, but do not communicate with the adjuster or risk manager without speaking to an experienced commercial truck collision lawyer.
If you have not retained a lawyer, tell the insurance representative that you are in the process of retaining a lawyer, take down their name address and telephone number, then politely tell them that the lawyer will contact them and politely hang up. If you have retained a truck accident lawyer, give the insurance company representative the phone number of the law firm and no other information, then politely hang up. Most people do not realize that even a friendly conversation with an insurance representative can be used against them and many conversations are recorded. Further, some adjusters make oral promises and representations that they never intend to keep. Remember that insurance representatives are trained to get information from you that the insurance company can use in its favor.
Your insurance company may also be involved through several different types of insurance coverage. However, it is a good idea not give anyone a recorded statement or sign anything until you have spoken with a truck accident lawyer.
For more information on commercial vehicle insurance, interstate truck insurance, and dealing with insurance adjusters, risk managers, and defense lawyers, please go to the following Commercial Vehicle Insurance web page.

Interstate Trucks, Commercial Trucks, and Company Vehicles are Causing Fatal Accidents


According to the National Center for Statistics and Analysis, thousands of motorists are killed each year by large commercial trucks and company vehicles. The large commercial trucks include 18-wheelers, semi-trucks, tractor-trailers, semis and other vehicles that weigh several tons.  The company vehicles include company vans, passenger vans, tanker trucks, gas trucks, utility trucks, garbage trucks, cement mixers, dump trucks, cherry pickers, SUVs, taxi cabs, limos, and other specialized customized vehicles. 
Since trucking deregulation in Texas and the passage of NAFTA, you can see thousands of large interstate trucks barreling up and down Texas highways including I-35, I-10, I-20, and other interstate highways.  These trucks come from Mexico, Canada, Texas, and several other states carrying large loads and traveling at high rates of speed.  It is estimated that interstate trucks account for about 10 percent of all fatal vehicle accidents in the United States. Almost 10% of fatal trucking accidents in the United States occurred in the state of Texas on Texas roads.  Interstate truck accidents and commercial vehicle collisions have an increased chance of causing serious injuries and death because of the size and weight of commercial trucks and truck drivers have limited visibility and maneuverability as well as limited control of their vehicle.  This makes it easier for inexperienced and over worked truck drivers to lose control and crush other vehicles. These factors greatly contribute to the damage done to passenger vehicles in trucking accidents. Whether the truck driver is distracted, falls asleep at the wheel or just isn't paying attention, accidents caused by large commercial vehicles kill or catastrophically injure thousands of motorists each year.

Truck Accident Lawyer, Catastrophic Injury Accidents, and Fatal Collision Accidents 


If you have suffered catastrophic injuries in a commercial vehicle of accident or have had a loved one killed in a commercial vehicle accident, it is important to make sure that a thorough investigation of the fatal accident or catastrophic injury accident is done; that all available insurance and potential sources of recovery are located; and that insurance adjusters, risk managers, and defense lawyers are not able to take advantage of the injured or grieving.  It is also typically a good idea to obtain excellent legal representation from an experienced truck accident investigation lawyer to protect you or your loved one's rights and to make sure that an investigation as to the cause of the collision is done correctly and any potential recoveries are properly pursued.

Sunday, August 5, 2012

Texas Drunk Driver Lawsuits: Drunk driver suspected in crash that killed 6-year-old by Texas Drunk Employee Accident Lawyer and Texas Bar Drunk Driver Crash Lawyer

Families of People Killed By Drunk Drivers Often Have Civil Remedies That Can Be Pursued Against Drunk Drivers Including Texas Intoxicated Driver Lawsuits, Texas Drunk Employee Lawsuits, Texas Happy Hour Driver Lawsuits, and Texas Drunk Driver Fatal Crash Lawsuits by Texas Drunk Driver Crash Lawyer, Texas Drunk Employee Accident Lawyer, and Texas Bar Drunk Driver Crash Lawyer

Often the family of a person killed or seriously injured by a drunk driver does not realize that in addition to the criminal charges that can be filed against that drunk driver, that there are civil causes of action that they can often be used against the drunk driver and those parties that are responsible for allowing the drunk driver to drive drunk.  If you or a loved one have been seriously injured in an automobile crash caused by a drunk driver or have lost a loved one due the carelessness of a drunk driver, bar, or business, please feel free to go to the following web page: Texas Drunk Employee Wreck Lawyer & Texas Bar Drunk Driver Crash Lawyer.

Drunk Driver Fatal Crashes in the News

There are numerous stories of drunk driver accidents in the news.  Below are a few news stories on drunk drivers and intoxicated drivers causing accidents.
Charges are pending against a motorist in connection with a fatal crash late Saturday that killed a 6-year-old girl and injured five other passengers in the vehicle, police said.
The suspect faces a charge of intoxicated manslaughter in the one-vehicle accident in the 10100 block of the North Loop near the North Freeway, according to reports.

Investigators said the alleged drunk driver was traveling westbound on the North Loop in a Ford Explorer about 11:55 p.m. when she lost control and struck the left concrete barrier. The vehicle rolled over, ejecting the child who died at the scene.

Woman Guilty over 4 Deaths in San Antonio Wreck Published 06:27 a.m., Wednesday, November 30, 2011

SAN ANTONIO (AP) — A driver who was legally drunk has pleaded guilty over a South Texas traffic accident in which four people in another vehicle were killed.  A woman pleaded guilty Tuesday in San Antonio to four counts of murder over the August 2010 collision that also left her injured.  A judge will sentence Andrews on Jan. 19. The plea agreement means Andrews faces at least 40 years in prison.  San Antonio police say the accident killed a 55-year-old woman, her two daughters, and her 4-year-old grandson.

Police say the intoxicated driver, who was being chased by police after running a red light, had a blood alcohol level of .11. The legal limit for driving in Texas is .08. 

Authorities Say Drivers in Crash both Drunk Published 02:55 p.m., Saturday, December 3, 2011

HOUSTON (AP) — Police suspect the drivers of both vehicles involved in an early-morning collision in north Houston were intoxicated.  Officials say a truck was stopped about 2 a.m. Saturday in a lane on Interstate 45. KTRK-TV reports that the driver was passed out, possibly drunk. A car, apparently driven by another intoxicated motorist, slammed into the back of the truck.  The driver of the car was taken to the hospital with several lacerations. The truck driver, who was uninjured, was arrested at the scene.  Police say both motorists likely face charges.


"The 51st Street entrance ramp was cluttered with debris Saturday night after a drunk driver flipped his truck. Austin police shut down I-35 after a driver hit a taxi cab, lost control of his Ford Ranger, then ran into the grass, rolling the truck upside down."

"This is just one of the consequences when you drink and drive,” Sgt. Steven Rodriguez of the Austin Police Department said. “Several things can happen like being arrested, but the most common thing is that people get killed or other people get killed on the road. Like I said, this driver is very lucky to walk away from this accident with just minor injuries.”

Halloween Weekend Proves Deadly for Houston Traffic, Alcohol May be to Blame

"This weekend, as many Houstonians have celebrated the Halloween holiday, the Houston Police Department has been cleaning up a string of serious car accidents.

Saturday evening a man police suspect was driving drunk was killed after he ran a red light in east Houston. The man was driving a Ford Explorer on Market at East Loop when he ran the light and lost control of the vehicle. The vehicle then flipped and the man was partially ejected. He was pronounced dead at the scene. Police say several beer bottles were found inside the car.

Early Sunday morning one man was killed and two of his passengers injured after the driver lost control of his Cadillac. Police say the vehicle was traveling at a high rate of speed on West Dallas when it slammed into two utility poles, and flipped as it attempted to cross Montrose Boulevard. The driver was pronounced dead at the scene. His two male passengers were transported to Ben Taub General Hospital. Police expect a toxicology test to determine if alcohol played a role in the crash.
In yet another car accident early Sunday morning, a man checking a flat tire was struck and killed by a hit-and-run-driver. The accident happened on South Shaver St at Wald Roadd around 3:30 a.m. Police say the victim was standing in the roadway checking on the condition of his tire when he was struck. He was transported to Ben Taub General Hospital where he later died.

In Harris County at around 4 a.m. on Sunday, police say a car going at a high rate of speed split in half after hitting a tree. The vehicle was westbound on FM 1960 when the driver crossed oncoming traffic before slamming into the tree. One person inside the vehicle died at the scene, another was transported to the hospital in serious but stable condition"
GULFPORT, Miss. (AP) — A woman who was killed with three others in a head-on collision four years ago this week had just left a Gulfport bar where, by most accounts, she was visibly drunk when the waitresses continued to serve her alcohol and allowed her to drive away.  A lawsuit and the state's dram shop law have led to a $15 million judgment against Slippery Nick's Saloon and Grill. The bar has closed and its owner can no longer operate a lounge in Mississippi.

Young Newlyweds and their friend all of Gulfport, died Oct. 6, 2007. The group of young people were driving to see a movie in a Ford Mustang when a Mitsubishi Endeavor driven by an intoxicated driver veered into their lane on Mississippi Highway 53.  The intoxicated driver also died, and her passenger was ejected and critically injured.  A toxicology test later showed Stewart's blood-alcohol content level was 0.119. State law considers 0.08 percent or higher too drunk to drive.

Heirs of the three young adults don't believe they will receive any money from the judgment. The lounge did not have liability insurance.  "The lawsuit was never about the money," a father of one of the victims. "It was about accountability. I wanted the owner of the bar to stand up and take responsibility.

"I want the public to know that the state's dram shop law holds lounge and tavern owners accountable when they serve alcohol to patrons who are visibly drunk and then allow them to get behind the wheel of a car and hurt or kill someone."

The message is more important than the money, he said. He and his wife, now lead the Mothers Against Drunk Driving chapter in Harrison, Hancock and Stone counties.  "Money won't bring them back," he said, "but we want to do everything we can to save the lives of others."

The dram shop law makes bar owners legally liable if a patron, who was served alcohol at their business while visibly intoxicated, negligently causes an accident.  The law's odd name comes from a centuries-old reference to a small drink of alcohol. Taverns that sold drinks by the dram were known as a dram shop, a seller of alcohol.

Monday, July 23, 2012

Tire Tread Separation Lawyer, Defective Tire Rollover Lawyer, Defective Tire Blow Out Lawsuits by Defective Tire Lawyer Jason S. Coomer

Defective tire lawsuits include defective tire blowout lawsuits, defective tire rollover lawsuits, tire defect rollover lawsuits and tire tread separation lawyer.  Car wrecks connected to tire defects can cause blowout rollover accidents that can often be deadly and/or injure vehicle occupants including drivers and passengers.

If you have lost a loved one in a fatal tire blow out automobile rollover collision or have been injured by a tire defect automobile crash, feel free to submit an inquiry or send an e-mail to Texas Defective Tire Blowout Accident lawyer Jason Coomer.

Fore more information about tire defect accidents, tire tread separation lawsuits or tire blowout lawyers please visit the following link:

http://www.texaslawyers.com/autodefectlawsuits/tiredefectlawsuits.htm.

Vehicle and Tire Manufacturers have known for decades that defective tires and tread separation defects can cause a blow out that can result in a deadly crash or a fatal roll over accident.  This is especially true in the summer months when paved roads, streets, and highways can become extremely hot.

Tire defect lawsuits are a special subgroup of automotive products liability lawsuits and fatal rollover accident lawsuits. This is because tire defect blow out lawsuits provide an independent product liability cause of action against the tire manufacturer as well as tire replacement centers. But, if the defective tires are original equipment on a vehicle, a fatal or deadly tire blow out lawsuit may also create a viable defective blowout lawsuit against the vehicle manufacturer. The Ford/Firestone litigation of a few years back brought the issue of tire defects into the forefront of public knowledge. Until then, people did not know a tire could just fail and blow out in the normal course of use.

If you have lost a loved one in a fatal tire blow out automobile rollover collision or have been injured by a tire defect automobile crash, feel free to submit an inquiry or send an e-mail to Texas Defective Tire Blowout Accident lawyer Jason Coomer.

This blog post was posted by Texas tire tread separation lawyer Jason S. Coomer.

Saturday, July 7, 2012

FMSCA Violations Often Lead to Interstate Commercial Truck Accidents and Fatal Truck Collisions by Texas FMSCA Truck Wreck Lawyer and FMSCA Violation Truck Crash Lawyer Jason S. Coomer

FMSCA Violations Often Lead to Interstate Commercial Truck Accidents and Fatal Truck Collisions by Texas FMSCA Truck Wreck Lawyer and FMSCA Violation Truck Crash Lawyer Jason S. Coomer

Approximately 9 million trucks travel the roads, highways, and streets of the United States every year.  The trucking industry that profits from these trucks includes about 110,000 for-hire carriers and 350,000 independent owner-operators with combined annual revenue of nearly $200 billion.  The trucking industry combined with other commercial vehicles are a dominant part of the United State economy and are necessary for many of our modern conveniences, but are also responsible for many of the fatal and catastrophic injury automobile accidents that occur on our highways and roads.  Approximately, 4000 people are killed in fatal trucking accidents each year and approximately 80,000 more people suffer serious life altering injuries.

Federal Motor Carrier Safety Regulations and FMCSR Violations
 
The Interstate Commerce Commission was created by the Motor Carrier Act of 1935 and has since been responsible to develop and enforce safety regulations in the trucking industry. The safety regulations developed by the Interstate Commerce Commission are entitled the Federal Motor Carrier Safety Regulations (hereinafter, FMCSR). Despite extensive deregulation of the trucking industry through the 1980's and the transfer of licensing and monitoring of professional truck drivers to the States, the FMCSR remains the sole safety standard by which professional truck drivers and motor carriers are required to follow in the operation of commercial motor vehicles.

The purpose of the FMCSR is to "help reduce or prevent truck and bus accidents, fatalities and injuries by requiring drivers to have a single commercial motor vehicle driver’s license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner." 49 CFR 383.1(a).

Violations of these safety can often be the basis for a FMSCA Truck Crash Lawsuit that hold a trucking company responsible for the deaths or serious injuries of people injured in a fatal or serious injury interstate truck crash.   For more information on the FMSCR, FMSCA Violation Truck Accidents, and fatal truck crash accident investigations, please also feel free to go to the following web site: Truck Collision and 18-Wheeler Accident Information and Investigation Center.

Tuesday, July 3, 2012

Texas Bus Accident Lawyer Jason S. Coomer handles Texas Bus Wreck Lawsuits & Claims

 Texas Bus Accident Lawyer Jason S. Coomer handles Texas Bus Wreck Lawsuits & Claims

Texas bus accident lawyer, Jason S. Coomer understands a bus accident can be a devastating and life changing event, this is especially true if the bus hits a pedestrian, bicyclist, motorcycle, or a much smaller vehicle.  The damage that a large out of control bus can do to a person or other vehicle can cause serious injuries, catastrophic damages, and even death.  When an accident like this occurs it is important to hire an aggressive and knowledgeable Texas bus accident lawyer to negotiate your claim or to pursue a bus wreck lawsuit on your behalf.

For more information on Texas bus accidents, or to speak to a Texas bus accident lawyer, please email The Law Offices of Jason S. Coomer, PLLC or use our simple contact form.

Please visit Texas tour bus accident lawyer Jason S. Coomer's website for more information on Texas bus wrecks and the IH35 corridor by following the link below:


http://www.texaslawyers.com/coomer/austinbusaccidentlawsuit.htm 

There are numerous Texas bus companies that provide bus and shuttle services that charter buses and provide bus travel through the states of Texas, Arkansas, Louisiana, Colorado,  Oklahoma, and  other parts of the United States as well as into Mexico.  Some of the bus companies that provide  bus transportation  and shuttle services in Texas and the surrounding states include: Arrow Trailways of Texas, Star Shuttle; Charter, River City Coaches, Lone Star Bus Lines Inc. Trailways, Greyhound Lines Inc., El Expresso Bus Company/A Coach USA Co., Eagle Tours Inc., Daisy Tours/Conventions San Antonio, Coach USA/Gray Line of San Antonio & Austin, Coach USA Inc., Coach USA Houston/Gray Line of Houston, Coach USA Dallas, Central West of Texas Inc., Central Texas Trails Inc., ACH Travel & Tours Inc.,Valley Transit, Greyhound Mexico (a Mexican subsidiary of Greyhound), and Autobuses Americanos.

As a Texas bus accident lawyer, Jason S. Coomer, works on Texas bus accident lawsuits involving serious injuries and fatal bus accidents all over the State of Texas.  In working on Texas bus accident lawsuits, Jason S. Coomer commonly works with other Texas bus accident lawyers throughout Texas including Houston, Dallas Bus, El Paso, and San Antonio.

Wednesday, June 6, 2012

Defective Crashworthiness in a Truck, Car, SUV, or Van Can Cause Death or a Catastrophic Injuries by Texas Defective Automobile Deadly Accident Lawyer

Defective Safety Belts, Defective Airbags, Defective Child Restraints, Defective Crash Rollover Designs, and Unsafe Roof Collapse Design Are Automobile Crashworthiness Issues That Can Cause A Deadly Accident or Serious Injury Accident by Texas Defective Truck, Van, SUV, and Car Accident Lawyer Jason S. Coomer

Federal Motor Vehicle Safety Standards set minimum performance requirements for vehicle parts that protect drivers and passengers from death or serious injury in the event of a crash (air bags, safety belts, child restraints, energy absorbing steering columns, motorcycle helmets).  These vehicle performance requirements, defective automobile crashworthiness lawsuits, manufacturer safety policies, and the investigation efforts of the The National Highway Traffic Safety Administration are important to identify unsafe vehicles with defective airbags, defective seat belts, defective child restraints, defective roof design, defective designs that cause vehicle fires, and defective designs that cause vehicle rollovers.


Defective automobile product liability lawsuits include defective accelerator lawsuits, defective floor mat lawsuits, defective air bag lawsuits, defective seat belt lawsuits, defective brake lawsuits, defective tire tread lawsuits, defective roof safety design lawsuits, and defective rollover design lawsuits.  A subset of the defective automobile accident lawsuits are catastrophic injury and fatal crashworthiness accident lawsuits.  These lawsuits include defective vehicles with defective airbags, defective seatbelts, defective rollover design, defective roof design, defective steering column design, defective child restrain design, and other other defective safety designs that kill or increase the injuries suffered by people in the defective vehicle.    

Defective Automobile Accident Lawsuit Crashworthiness cases involve claims that a design defect caused or enhanced the injuries of a vehicle’s occupants during an automobile crash. To identify a crashworthiness claim, one must examine the interplay among the circumstances of the accident, the performance of the vehicle during the accident, and the injuries suffered. Such defects may cause a minor injury automobile collision to become a fatal automobile collision or cause enhanced injuries by failing to provide suitable protection from injury or death in foreseeable automobile accidents. Crashworthiness lawsuits have taken many forms, both in Texas litigation and throughout state and federal courts.

Under United States Federal the Crashworthiness Doctrine was developed in the Eighth Circuit’s opinion in Larsen v. General Motors Corp. that later helped establish that a manufacturer should be held liable for failure to provide protection to vehicle occupants in the event of an automobile collision.  The decision of the United States Court of Appeals for the Eighth Circuit in Larsen v. General Motors Corporation, 391 F.2d 495 (8th Cir. 1968), is credited with saving many lives and enunciating the legal doctrine that "[w]hile automobiles are not made for the purpose of colliding with each other, a frequent and inevitable contingency of normal automobile use will result in collisions and injury-producing impacts. No rational basis exists for limiting recovery to situations where the defect in design or manufacture was the causative factor of the accident, as the accident and the resulting injury, usually caused by the so-called “second collision” of the passenger with the interior part of the automobile, all are foreseeable. Where the injuries or enhanced injuries are due to the manufacturer’s failure to use reasonable care to avoid subjecting the user of its products to an unreasonable risk of injury, general negligence principles should be applicable. The sole function of an automobile is not just to provide a means of transportation, it is to provide a means of safe transportation or as safe as is reasonably possible under the present state of the art. Id. at 502".

In Texas, the Crashworthiness Doctrine and the crashworthiness issue was initially established  in Turner v. General Motors Corp., 514 S.W.2d 497 (Tex.Civ.App.—Houston [14th Dist.] 1974, writ ref'd n.r.e.).  The case dealt with lawsuit in which a motorist sued General Motors and the dealer for injuries suffered when the automobile's roof collapsed in a rollover. The Texas court weighed in on the side of the injured motorist and Larsen holding that “an automobile manufacturer may be held strictly liable for a defective design which produces injuries, but not the accident.” Id. at 504. In reaching that conclusion, the Texas court rejected General Motors’s arguments that courts lacked the expertise to deal with complex issues of safety design and that allowing such suits would wreak havoc on the manufacturers’ ability to do business. Id. at 506. In General Motors Corp. v. Turner, Texas Supreme Court squarely rejected this any type of balancing test for crashworthiness cases, noting that the crashworthiness doctrine was merely a logical extension of long-articulated principles of Texas products liability law and that cases asserting the doctrine were to be charged as any design defect case.  More specifically, the court stated that "there is no valid distinction in strict liability between a conscious design defect causing an accident and a conscious design defect causing an injury. By the same token, there is no rational basis for a difference in the manner of submission of the issues to be determined by the fact finder. We have not required a balancing of enumerated factors in jury submission by our previous writings, and, as stated earlier, we disapprove the ruling of the Court of Civil Appeals that such is required in a crashworthiness case." Turner v. General Motors Corp., 584 S.W.2d 844, 848 (Tex. 1979).

Texas courts have made it clear that under Texas law and the crashworthiness doctrine “a manufacturer and retailer may be held strictly liable in tort for a defectively designed automobile that enhances the injuries of the plaintiff but does not cause the accident.” Further, the defendant is liable only for “enhancement damages,” namely, that portion of the damage or injury caused by the defective design over and above the damage or injury that probably would have occurred as a result of the impact or collision absent the defective design.  In Shipp v. General Motors Corp., 750 F.2d 418 (5th Cir. 1985), a roof crush case, the Fifth Circuit found no Texas law explicitly answering the question of how the enhanced damages would have to be determined, but in its examination of Texas cases the court was convinced that the plaintiff need not carry such a burden: “We are persuaded that Texas courts would conclude that it would be illogically harsh to force a plaintiff to segregate causation in crashworthiness cases, where ‘the collision, the defect, and the injury are interdependent and . . . viewed as a combined event.’” Shipp, 750 S.W.2d at 426 (quoting Turner, 584 S.W.2d at 848). According to Shipp, forcing the plaintiff “to identify in her proof the precise damages she would have sustained had the product been properly designed, would shift from proof of a producing cause of injury to sole producing cause” and would constitute a retreat from the Texas rule “that a defect need only be a ‘producing cause’ of injury and that there may be more than one such cause.” Id. at 425. Thus, according to Shipp, the producing cause issue is not modified in a crashworthiness case; as in any defect case, the plaintiff must prove that the alleged defect was a producing cause of the injuries suffered.