The use of seatbelts in passenger cars and trucks is more common and acceptable today than ever before. We are often reminded as we travel down a highway that we should "Buckle Up - It’s The Law."

According to the National Highway Traffic Safety Administration (NHTSA), 48 states and the District of Columbia require the use of safety belts. All 50 states require that young children ride in car safety seats.

A national "Buckle-Up America" week is observed each May, and the media devotes regular coverage on the subject of seat belt use (and non-use). In fact, a recent article in a Michigan newspaper reported on a unique aspect of seatbelt research conducted at Michigan State University. The researchers at Michigan State concluded that some Hollywood movies could be creating a public health risk by portraying few characters who wear seatbelts. One has to ask just how long it will be before the movie industry is held liable when someone fails to wear a seat belt.

Seat Belt Use During Accidents

In spite of the laws and media attention regarding automobile safety belts, 33 percent of Americans still does not consistently wear seatbelts while driving. It is therefore not uncommon for an attorney or insurance adjuster to request the services of a forensic engineer to determine the status of seatbelt use associated with a traffic accident. Unfortunately, these automobile accidents often involve serious injuries or fatalities.

When the occupants of a vehicle are wearing seatbelts during a significant traffic accident, evidence of such use can usually be found. Evidence that a seat belt was loaded during a sudden impact includes stretched or worn belt straps, burnished areas on the belt, and distorted buckles. Determining the status of seatbelt use becomes more complex due to the phenomenon of "inertial buckle release," a seatbelt failure.

Seatbelt Failure

A recent accident reconstruction seminar presented by Dr. David Renfroe of Renfroe Engineering demonstrated how easily one type of seat belt could fail when an inertial force was applied. In this demonstration, a minimal force was applied to the seat belt floor bracket, causing the buckle to easily "pop" open. It is has been determined that this buckle release occurs when energy is applied to the back of the buckle by the forward movement of the occupant. This energy is then transferred to the buckle spring, which releases the tension on the latch plate and subsequently allows the buckle to detach. Even though laboratory results reveal that inertial forces can in fact cause a buckle to open, automobile manufacturers have argued these forces can not occur in actual accidents. In October 1999, however, General Motors lost a $5 million verdict when attorneys were able to convince a jury that a seatbelt buckle released due to inertial forces.

Items to Investigate

Accurately determining the status of seatbelt use is important, as case valuations and jury verdicts are affected by the amount of fault attributed to a plaintiff’s failure to wear a seatbelt. It is also easy and dangerous to assume that a seatbelt admittedly not worn by a plaintiff was in good working condition. Seatbelts, like any automotive component, can fail due to misuse or poor care. Therefore, when the status of belt use plays a key role in a case, the restraint system should be examined for all indicators including use, non-use, and inoperative conditions.

Determining the consequences to an accident victim if he or she had been wearing a seat belt is another topic worthy of subsequent discussion. For more information regarding seatbelt forensics, visit any of the Internet sites listed below:

• www.kiesellaw.com
• www.theautochannel.com

Announcements

Firestone Recall Information: If you receive any claims or cases associated with the recent Firestone tire recall, you may be interested to know that our team of forensic engineers has experience investigating these tire failures. Please contact us for further details.

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