One of the most unfortunate things about automobile-related brain injury in children is that many injuries could be easily avoided if the car was correctly designed. Common defects that caused unnecessary injury and even death include the following:

• Seatbelts. Improperly designed or defective rear lap belts, shoulder-only belts, belts with excessive slack, door-mounted belts that have not been retrofitted or recalled, and lap-only seat belts that have not been retrofitted or recalled can result in brain injury.

• Seat backs. Seat backs should be designed so they can withstand a rear impact. Seat backs that collapse can cause tragic injuries for both the driver and the passenger of the vehicle.

• Head restraints. Head restraints that aren’t properly designed can cause severe head injuries resulting from rear-end collisions.

• Airbags. Because of their tremendous force, airbags can cause serious brain injury and even death in children. Child seats should never be placed in the front seat, and children who do not meet a certain height requirement should sit in the back.

• Child safety seats. Defective and poorly designed child safety seats can result in injuries and fatalities.

• Tire blowouts. Defective tires, worn tires, and overused tires can cause crashes and rollovers that result in brain injury.

• Roof collapses. In situations where rollovers occur, it is roof collapse that causes brain injury. While there is no legislation that currently mandates roofs of a certain strength, there are several advocacy groups currently pushing for new regulations.

• Side impact. While every car must pass certain side impact standards, some advocacy organizations are trying to get manufacturers to redesign cars so that passengers are safer during side impact collisions.

Parents must be aware that automobile manufacturers have a duty to ensure that their vehicles have safety features to minimize the dangers faced while driving or riding in a car. Under a legal theory called “crashworthiness,” the manufacturer of a car that lacks certain safety features may be liable for injuries sustained in the accident.

If you believe that your child’s brain injury is the result of an automobile safety defect, be sure that the car is not destroyed before a thorough investigation is completed. If your child was injured as a result of an automobile defect, you may be due compensation that can help pay for your child’s medical needs, both now and in the future. Contact us right away for more information.