Airbags. They come standard with any new car you purchase and serve a role in protecting both drivers and passengers from harm. Recently, airbags became the center of discussion when Honda recalled hundreds of thousands of cars over safety concerns. Models affected include the 2001 to 2002 Honda Accord, 2001 Civic and the 2002 and 2003 Acura TL.

The issue? Over-pressurized driver-side airbags that tend to rupture when the airbag activates. The company says sometimes metal fragments can erupt through the cloth airbag material and possibly cause injury or death to those in the vehicle. To date, the airbag defect has caused six injuries and one death.

These set of facts coupled with recent car accidents have caused me to reflect on the automotive industry, and how we, as trial lawyers, have instigated positive change to make cars safer over the years.

We at the Fitzgerald Law Firm have filed suit against Honda in the past for defects in its restraint systems. This airbag matter is a perfect example of an opportunity where a lawsuit could incite change in the automotive industry.

Automotive News did a story several years ago on this issue and we’ve highlighted a few of these instances below from the Automotive News article:

• "Paddle Door Latch" litigation in Iowa and Pennsylvania in the mid 1960's contributed significantly to the introduction of the recessed door handle designs in use today.
  
  
• Litigation beginning as early as 1969 arising out of excessive roof crush in rollover incidents has been a substantial factor in the improvement of roof strength including what General Motors currently refers to as its "rugged safety cages."

• As a result of the Ford Pinto fire litigation, Ford added a fuel tank shield to prevent puncture by the rear axle bolts and discontinued its drop-in fuel tank design in which the top of the fuel tank also serves as the floor of the trunk.
  

In the Honda example, any one of the injured occupants could file a suit against Honda claiming defective design that resulted in personal injury.

But how does that happen – how does a lawsuit instigate change?

Verdicts and settlement aren’t only about money. Oftentimes details included in settlements lead to reform from within a company. Some changes stemming from lawsuits include additional safety testing, revised safety codes for airbags, and in-depth reports and evaluations of materials used in steering wheels and more.

Proper monitoring and oversight within the automotive industry is an enormous task - far larger and complicated than our government can handle. Through lawsuits, attorneys highlight problems, raise attention when it’s deserved and dedicate the private resources needed to make sure positive change comes out of the cases they pursue. Very often trial lawyers help accelerate necessary safety, keep companies accountable and prevent serious injuries issuing from unsafe vehicles.

… so the overwhelming verdict is yes, trial lawyers can help make cars safer.