A claim for seatback failure in personal injury cases typically involves an allegation that the seatback of a vehicle failed to perform its intended function during a collision or accident, resulting in injuries to the occupants. Seatback failure can occur when the backrest of a seat collapses or fails to withstand the forces exerted during a crash, leading to the occupant being thrown backward or sustaining injuries.

To prove a seatback failure case in court, you generally need to establish several key elements:
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1. Defective Design or Manufacturing: You must demonstrate that the seatback was defective in its design or manufacturing. This could involve showing that the seatback did not meet safety standards, was poorly constructed, or lacked necessary reinforcements.
2. Causation: You need to establish a direct link between the seatback failure and the injuries sustained by the occupant. This involves demonstrating that the failure of the seatback was a substantial factor in causing or worsening the injuries.
3. Injuries and Damages: You must provide evidence of the injuries and damages suffered by the plaintiff as a result of the seatback failure. This may include medical records, expert testimony, and other evidence illustrating the extent of the harm.
4. Expert Testimony: Often, seatback failure cases rely on expert witnesses who can testify about the design and engineering standards applicable to car seats, the nature of the seatback failure, and how it contributed to the injuries. Experts can play a crucial role in establishing the defect and linking it to the injuries.
5. Maintenance Records and Inspection: Maintenance records and inspection reports for the vehicle can be important pieces of evidence. They may help establish whether the seatback failure was due to a lack of maintenance or if it was a result of a manufacturing or design defect.
6. Government Standards and Regulations: Demonstrating that the seatback failure violates applicable safety standards and regulations can strengthen your case. If the seat did not meet the safety requirements set by relevant authorities, it could be compelling evidence of a defect.
7. Similar Incidents and Recalls: If there are documented cases of similar seatback failures or if there have been recalls related to seatback issues in the same or similar vehicle models, this information can support your claim.

It's important to consult with a personal injury attorney who specializes in product liability and automotive defects to navigate the complexities of a seatback failure case. They can help gather the necessary evidence, work with experts, and build a strong case to pursue compensation for the injuries suffered due to the alleged defect.

​Tread separation in tires occurs when the tread (the outer layer of the tire that makes contact with the road) separates from the underlying layers of the tire. Tread separation can be caused by many different factors, including:

1. Manufacturing Defects: Issues during the tire manufacturing process, such as problems with the adhesion of the tread to the tire carcass, can lead to tread separation.
2. Poor Quality Materials: The use of substandard materials in tire construction can contribute to tread separation.
3. Overheating: Excessive heat generated during driving, often due to overloading, underinflation, or high speeds, can cause the tire components to break down and lead to tread separation.
4. Underinflation: Running a tire with insufficient air pressure can cause increased heat buildup, leading to the separation of tire components.
5. Overloading: Putting more weight on a tire than it is designed to handle can lead to increased stress on the tire, contributing to tread separation.
6. Impact Damage: Hitting potholes, curbs, or other road hazards at high speeds can damage the internal structure of the tire, making it more susceptible to tread separation.

Tread separation is dangerous because it can result in a loss of control over the vehicle, especially if it occurs on a high-speed road. When the tread separates, it can cause a sudden and unexpected blowout, leading to a loss of tire pressure. This can result in the driver losing control of the vehicle, especially if it happens on a highway or during a turn.

​Other tire defects that might cause car accidents include:

1. Belt Separation: Similar to tread separation, belt separation involves the separation of the steel belts within the tire, leading to a loss of structural integrity.
2. Sidewall Bulges or Blisters: Weak spots or defects in the sidewall can lead to bulges or blisters, and if the tire fails at that point, it can result in a blowout.
3. Valve Stem Defects: Faulty valve stems can lead to gradual or sudden loss of tire pressure.
4. Uneven Tread Wear: Uneven wear patterns can affect the handling of the vehicle and increase the risk of a blowout.

Regular tire maintenance, proper inflation, avoiding overloading, and timely replacement of worn-out tires are essential measures to reduce the risk of tire-related accidents. Drivers should also be attentive to unusual vibrations, noises, or handling changes, as these may indicate potential tire issues. Regular inspections and addressing any signs of tire defects promptly can contribute to safer driving.

In the context of personal injury, a rollover defect refers to a flaw or issue in a vehicle that makes it more prone to rolling over during a crash or other events. Rollover accidents occur when a vehicle tips onto its side or roof. These incidents can be particularly dangerous and result in severe injuries or fatalities.

Injuries that can result from a rollover accident include:

1. Traumatic Brain Injuries (TBIs): These can occur if the occupant's head strikes a hard surface during the rollover.
2. Spinal Cord Injuries: Injuries to the spinal cord may happen due to the force and impact of the rollover, potentially leading to paralysis.
3. Bone Fractures: The violent motion of a rollover can cause fractures in various bones, such as the arms, legs, and ribs.
4. Internal Organ Damage: The compression forces and impacts during a rollover can cause damage to internal organs.
5. Cuts and Lacerations: Broken glass and other debris during a rollover can cause cuts and lacerations.
6. Soft Tissue Injuries: Muscles, tendons, and ligaments can be injured due to the sudden and forceful movements in a rollover.

To reduce the risk of rollovers, car manufacturers can take several measures:

1. Lowering the Center of Gravity: Designing vehicles with a lower center of gravity makes them more stable and less prone to tipping over.
2. Electronic Stability Control (ESC): ESC systems help prevent skidding and loss of control, which can be significant in preventing rollovers.
3. Roll Bars and Roll Cages: Strengthening the vehicle's structure with roll bars and cages can enhance its ability to withstand a rollover and protect occupants.
4. Improved Suspension Systems: Well-designed suspension systems contribute to a vehicle's stability and handling, reducing the likelihood of rollovers.
5. Traction Control Systems: These systems help prevent wheel spin during acceleration, improving overall vehicle control.
6. Anti-lock Braking Systems (ABS): ABS prevents wheel lock-up during braking, maintaining steering control and reducing the risk of skidding or rollovers.
7. Rollover Airbags: Some vehicles are equipped with side curtain airbags that deploy in the event of a rollover, providing additional protection to occupants.

​It's essential for manufacturers to adhere to safety standards and regulations, conduct thorough testing, and address any identified design flaws to enhance the overall safety of vehicles and reduce the occurrence and severity of rollover accidents.

Airbags are designed to deploy rapidly in the event of a car crash to protect occupants by preventing or reducing injuries. However, in some cases, airbag deployment can cause injuries, including eye injuries. Here are some potential eye injuries and other facial injuries that can occur from airbag deployment:
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1. Corneal abrasions: The force of the airbag deploying can cause particles or debris to be propelled into the eye, leading to corneal abrasions.
2. Conjunctival injuries: The conjunctiva, the thin membrane covering the white part of the eye, may be irritated or injured by the impact of the airbag.
3. Chemical injuries: The substances used to manufacture airbags, such as talcum powder or other chemicals, may cause irritation or chemical burns to the eyes.
4. Foreign bodies: Debris or fragments from the airbag or the surrounding environment may enter the eye during deployment.
5. Orbital fractures: In rare cases, the force of the airbag deployment may cause fractures in the bones around the eye, potentially leading to more severe injuries.

As for how an airbag could cause someone to lose their eye, it's essential to note that such severe injuries are relatively uncommon. However, extreme forces generated during a high-speed collision, coupled with specific circumstances, could potentially lead to severe facial injuries, including damage to the eyes.
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It's crucial to keep in mind that airbags, despite the potential for injuries, have significantly contributed to reducing overall injury and fatality rates in car accidents. The benefits of airbags in preventing more severe injuries often outweigh the risks associated with their deployment. Modern airbags are also designed with various sensors and technologies to minimize injury risk while providing protection during a crash.

​A roof crush injury in a car accident refers to injuries sustained when the roof of a vehicle collapses or deforms during a crash. Modern cars are designed with safety features, including reinforced roofs, to protect occupants in the event of a rollover or other severe impact. However, in some cases, the roof may fail to withstand the forces of the collision, leading to roof crush injuries.

The injuries resulting from a roof collapse in a car accident can vary widely, depending on factors such as the severity of the crash, the speed of the vehicles involved, and the type of collision. Common injuries associated with roof crush incidents include:
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1. Head Injuries: A collapsing roof can lead to head injuries if it strikes the occupants, causing concussions, lacerations, or more severe traumatic brain injuries.
2. Neck and Spinal Injuries: The force of a roof collapsing can also cause neck and spinal injuries, ranging from whiplash to more severe spinal cord damage.
3. Facial Injuries: Debris or impact from the collapsing roof may cause facial injuries, including fractures, lacerations, and bruising.
4. Broken Bones: The pressure exerted by a collapsing roof can result in broken or fractured bones, particularly in the upper body and limbs.
5. Internal Injuries: The compression of the roof can lead to internal injuries, such as organ damage or internal bleeding.

Roof crush injuries can occur in various ways during a car accident:

1. Rollover Accidents: Rollover accidents are a common scenario where roof crush injuries can occur. If a vehicle flips or rolls over, the roof may come into contact with the ground or other objects, leading to deformation.
2. Side-Impact Collisions: In certain side-impact collisions, especially if the vehicle is struck on the side where the roof is weaker, the roof may collapse, causing injuries to the occupants.
3. Structural Weakness: If a vehicle's roof is not adequately reinforced or if the design is flawed, it may be more prone to collapse in the event of a crash.

To mitigate the risk of roof crush injuries, automotive manufacturers are continuously improving vehicle designs and incorporating safety features such as reinforced pillars, side-impact airbags, and stronger materials in the construction of roofs. It's crucial for occupants to use seat belts properly, as they play a significant role in preventing ejection and reducing the risk of injury in the event of a roof collapse.

​No one expects to wake up in the morning and that day and be in an auto accident.  However, California roadways are more congested than ever (although the pandemic has temporarily made roadways more tolerable).  As such, more people on the road equals more traffic accidents.  You don't plan on getting into an accident.  By definition, an accident is an unexpected event.  

Imagine you are driving down the street and suddenly, out of the corner of your eye, you see something moving towards you.  Next thing you know, someone has t-boned your vehicle.  You are shocked, and your adrenaline started pumping. What do you do? Here is an acronym that might help: SAFE 

S – Safety First              

First, check and assess injuries - yours and any passengers. If you feel you are too injured to move, don’t! Call 911 and wait for emergency personnel.  If you get out of your vehicle, be careful.  Other vehicles may still be driving around you.  Turn on your hazard lights and if you are able to move to the sidewalk or out of traffic, remember to do it safely.

A – Alert Authorities      

If you think anyone might be badly injured, call 911.  They will ask if anyone is injured.  If so, they will send emergency personnel. This is not the time to get out of your car and start yelling at other people, blaming them for this and that.  Now is the time to make sure those who are injured are attended to as quickly as possible.

F – Fact Collection           

Try to stay calm.  Emotions can run high and these days, you certainly don't want to get caught on cell phone video losing your composure. If you do see someone taking videos of the accident, get their information and see if they will share it with you.  Take photos of your own, as many as you can of your vehicle, the other person’s car, the street scene and intersection and anything that might help for later.

E – Exchange Info     
      
When the time is right, try to collect information from all the parties and any witnesses.  Sometimes the police will assist you with that.  Just stay clear and let them do their job. The exchange of information is essential to work through any sort of claim or legal process that could result from a car accident. Get names, addresses, phone numbers, license plate numbers, driver’s license numbers, insurance providers, policy numbers.  Use your cell phone to take pictures as writing things down can take too much time.  

At the end of the day, you cannot rewind the clock.  Just make sure you tend to your injuries.  If you are hurt, make sure to get medical attention.  Report the accident to your insurance company.  Talk to an injury attorney to get advice if you have questions.

Auto accidents can result in various types of injuries, including those that lead to paralysis. The severity and type of paralysis depend on the nature and impact of the accident. Here are some types of auto accidents that can potentially cause paralysis and the corresponding types of paralysis:

1. Spinal Cord Injuries (SCI):
   • Incomplete SCI: Incomplete spinal cord injuries may result in partial paralysis, where some motor or sensory function is retained.
   • Complete SCI: Complete spinal cord injuries can lead to total paralysis below the level of the injury.
2. Whiplash Injuries:
   • While whiplash is commonly associated with neck injuries, severe cases can cause damage to the spinal cord and result in paralysis.
3. Head-on Collisions:
   • These accidents can lead to traumatic brain injuries (TBI) or severe spinal cord injuries, causing paralysis depending on the impact location.
4. Rollover Accidents:
   • Rollover accidents can result in a variety of injuries, including spinal cord injuries and paralysis if the occupants are ejected or sustain serious trauma during the event.
5. Side-Impact Collisions:
   • T-bone or side-impact collisions can cause significant trauma to the vehicle occupants, leading to spinal cord injuries and paralysis.
6. High-Speed Accidents:
   • Accidents that occur at high speeds can cause more severe injuries, including spinal cord injuries and paralysis.
7. Pedestrian or Cyclist Accidents:
   • Pedestrians and cyclists are vulnerable road users and may sustain severe injuries, including spinal cord injuries and paralysis, if struck by a vehicle.
8. Motorcycle Accidents:
   • Motorcyclists are at higher risk of spinal cord injuries and paralysis due to the lack of protective barriers.

The specific type of paralysis resulting from these accidents can include:

• Quadriplegia (Tetraplegia): Paralysis of all four limbs and usually the torso.
• Paraplegia: Paralysis of the lower half of the body, including the legs.
• Hemiplegia: Paralysis on one side of the body.

It's important to note that the outcome of an auto accident varies for each individual, and not all accidents result in paralysis. Prompt medical attention and rehabilitation can significantly impact the recovery process for those who sustain spinal cord injuries in auto accidents.

After a severe auto accident, your vehicle will definitely need to be repaired. In California, you have the right to take your vehicle to any body shop of your choice. While that sounds like a great idea, you have to be very careful. Whether you proceed through your own insurance company to fix your vehicle or you proceed through the responsible party's insurance company, you should try to choose one of the body shops that's on their "preferred provider" list. It's kind of like going to a doctor that is in your health insurance network. If you go "out of network," or off the "preferred provider" list, that can cause problems.
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Body shops that are within and insurance company network already have arrangements with that particular insurance company regarding fees they can charge, whether they be storage fees or tear-down fees (these are fees charged when the body shop expends time and effort tearing down your vehicle to look for additional damage that might be hard to see). They have a trusted relationship and you are less likely to run into problems.

While you can indeed use a body shop of your choice, said body shop may not have those same agreements with the insurance company. Therefore, It is very likely the insurance company will squabble with your chosen body shop over charges the insurance company deems unfair or unreasonable. For example, many body shops will not charge you "storage fee" (a huge profit center for many body shops and tow yards) while the vehicle is waiting to be repaired. Others will charge of storage fee ranging from $50 a day to well over $100 a day. As such, if you choose a body shop that is not within the network, your vehicle might be held hostage as it sits there while the insurance company and the shop squabble over this fee or the other fee.

Therefore, ask the insurance company (whether it be your insurance company or the other insurance company), which local body shops are within their network (i.e., preferred shops). Jot down the 3 or 4 shops they provide. Then research those shops online and decide which shop you're going to pick. In most cases, the shop you choose will be a reputable shop as insurance companies don't like to do work with questionable body shops. They want to work with body shops that will do a good job and will follow through on their work. As such, it is usually preferable in my opinion to choose a body shop that is on the insurance company's preferred provider list.

Perhaps one of the most annoying and persistent problems after a car accident can be tinnitus (often known as "ringing in the ears"). While tinnitus may not be physically painful, life threatening, or require surgery, it can certainly affect an individual and their daily life.  It's a persistent and pervasive problem that may never go away.

The condition is basically characterized by the feeling a "constant sound" for which there is no external source. In short, people with tinnitus perceive a constant sound and hear it all the time.  Sometimes, it's more prevalent when the surroundings are silent (like when going to sleep).  The sound victims of tinnitus hear is often described as a persistent buzzing or "ringing" in the ear. Sometimes it is very high pitch, like a buzz saw.

Many people have experienced tinnitus during their lifetime, even without being involved in a car accident or without having some type of underlying disease or medical condition. In most cases, it is difficult to identify the cause.  Sometimes taking certain medications like aspirin can cause temporary tinnitus.  However, when tinnitus persists, there are times when people simply have to learn to live with it. Some people use devices that create "white noise" to reduce their perception of the sound.

Tinnitus can be the result of an abnormality in the ear. It is commonly reported by people who suffered a head injury. In many cases, victims will seek the help of an Ear, Nose, and Throat (ENT) specialist who will often refer them for audiological testing to confirm the diagnosis and the severity of the problem. 

Sometimes the sound is in one ear more that the other.  In some cases, tinnitus can be brought about the loud sound of a car accident crash or the loud sound of airbags deploying. If the tinnitus is from a head or neck injury, it most often affects one ear more than another. In many cases, the condition will improve over time.  Many times, victims of car accident report the tinnitus to their health care providers only to be reassured that the problem is likely temporary and will soon subside.  However, if it doesn't subside, the accident victim should seek a specialist's care.

Of course, since tinnitus is only perceived by the individual, proving it to an insurance company (or a judge/jury) can be quite difficult. That is why any symptoms should be documented as quickly as possible after a car accident. Make sure you tell all your health care providers about the problem as soon as possible.  Reporting ringing in the ears six months after an auto accident will cause others to doubt your claim. You can imagine the insurance company will argue it's not related. Your credibility along with proper medical documentation is the key to your case.

If the tinnitus doesn't subside, some ENT doctors will recommend "tinnitus retraining therapy" (TRT). This is to help people who have tinnitus retrain themselves to cope with the sound. Retraining therapy has been around for years. It's a way of helping victims of tinnitus cope with the condition and hopefully find it less bothersome. Training generally involves educational counseling and sound therapy. Victims of tinnitus are taught about the physiological mechanisms of their condition and how new habits can help break the effects of that condition.

If you have tinnitus after an accident, make sure all your health care providers document your condition to the extent possible.  If the condition doesn't subside after a few weeks, see professional help from an Ear, Nose, and Throat specialist and/or an audiologist. 

VIDEO TRANSCRIPT:

Hello, this is Robert Mansour. Today's video is about how to document your case if you have a significant injury from a car accident.  The important thing to keep in mind is that you've got to go get medical care right away, or as soon as you can, if you have a significant injury from a car accident. Because if you don't do that and you wait too long, the insurance company for the responsible party might argue that you weren't all that hurt after all. In other words, if you were really hurt, you would have gone to seek medical care.

Now, a few things to keep in mind. If your injuries are severe, and if you had problems before the accident, but they were not as severe, or perhaps your problems were dormant for a period of time ... two or three years you were doing fine ... one of the most effective things you can do is go back to the same doctor who treated you before. Because that doctor, he or she will very familiar with your care. They will know how you were before the accident, and how you are after the accident.

In fact, when that doctor comes to testify in court, if it comes to that, that doctor's testimony will be that much more believable, because the jury will be sitting there and saying, "Well, wait a minute. This doctor knows this person from before the accident. They've been their doctor for years. They would be the best person to articulate how the person was before, and how the person was after."

You see, if you go to a doctor that your lawyer refers you to, which is fine in some cases. But if you do that, then a jury or an insurance company or other person might look at that suspiciously, and say, "Well, wait a minute. Why aren't you going to the same doctor who helped you before?"

I had a client who had a very bad knee injury from the case, and needed knee surgery. The best doctor that we could use was his knee surgeon from before. He'd actually had a prior knee surgery on the same knee, but the accident made his knee much worse, and required another knee surgery.  So who better to go to than the previous knee surgeon? That was our best bet. In fact, that doctor's credibility is going to be much higher than any other doctor's credibility.

Also, if the defense or the insurance company hires their own expert, that expert is arguably a hired gun. They've been paid for their testimony. Versus your doctor, who is your doctor from before, who's known you for several years. Your doctor's going to carry much more credibility than their hired gun is going to carry.  Now, that's not always the case. But it's something to strategically keep in mind when dealing with severe injuries from auto accidents.

My name is Robert Mansour, and I hope you found this video to be helpful. Thanks for watching.