Would Nascar be able to use a similar defense to avoid a flying tire lawsuit? The answer should be ‘no’. Fans in Nascar race tracks do not assume that there is a risk that a flying tire will strike and kill them. Nonetheless, that’s exactly what happened at the Indianapolis 500 in 1987, the last time a fan lost their life at the Brickyard.

What happened? 

The year was 1987. Mario Andretti was the driver to beat. Al Unser, now in the twilight of his career, was called in as a backup driver after another driver suffered a concussion during practice. Andretti was leading the race until his car suffered an accident and he had to pull out. Unser became the improbable winner of the most prized trophy in Nascar.

Erstwhile, on the 130th lap, Tony Bettenhausen lost a tire on his racecar. The tire began rolling along the track until it was struck by another vehicle, sending it airborne into the stands. The tire struck Lyle Kurtenbach in the head and killed him instantly. Lyle and his wife Karen had traveled from Wisconsin to Indianapolis to watch the 500 for the tenth year in a row. They were sitting in the top row when the tire bounded into the stands. Their daughter was only a few seats away and bore witness to the event.

Lyle Kurtenbach was taken the speedway’s hospital, where he was revived for a few moments before being taken to a real hospital. He died before he got there.

The lawsuit 

Karen Kurtenbach filed a lawsuit against Bettenhausen’s race team and the U.S. Auto Club for $9 million. The case was settled under seal, so we don’t know the results of that lawsuit. Negligence was easily established. It works the same way for Nascar mechanics as it does for average drivers. If your vehicle malfunctions and causes an injury to someone else, you are responsible. Ultimately, those in the pit are responsible for improperly affixing the tire to the wheel, likely because they were under pressure to do the job as quickly as possible. Nonetheless, there are safety standards in place, even for Nascar, and those were not followed. The inspection should have revealed the issue prior to a fan’s death.

Talk to a Florida Defective Tire Attorney Today 

The Coral Gables tire defect attorneys at Halpern, Santos & Pinkert litigate cases on behalf of those who have been injured in a defective tire accident. Call today to schedule a free consultation and learn more about how we can help.

Resource:

sportscasting.com/indianapolis-500-tragedy-rarely-talked-about-errant-tire-killed-fan/

https://www.tiredefectattorney.com/bad-timing-causes-chain-of-events-that-lead-to-pedestrian-death/

Vehicles recalled for seatbelt issues include:

• 2019 through 2021 Chevrolet Silverado 1500
• 2019 through 2021 GMC Sierra 1500 pickup trucks
• 2021 Chevrolet Suburban
• 2021 Tahoe
• 2021 GMC Yukon XL,
• 2020 and 2021 Silverado 2500
• 2020 and 2021 GMC Sierra 2500 and 3500

The seatbelt recall is related to split-bench seats. Vehicles with bucket seats are not affected. GM says that the seatbelt brackets may not have been assembled properly causing them to be improperly secured to the seat frame. The belts could malfunction in an accident, GM said, but thus far, there have been no injuries or accidents reported due to the seatbelts. Owners will be notified on February 1st. GM dealerships will inspect the seatbelt assembly and reinstall the seatbelts, if necessary.

The Suspension Recall

The suspension recall is related to salt corrosion in so-called “salt-belt” states. This includes the vast swath of Northeastern states that get heavy snow and need to salt the roads to provide traction for drivers. According to GM, exposure to salt can prematurely corrode the suspension causing failure. The following vehicles are impacted by the problem:

• 2012 and 2013 Buick Regal
• 2013 Chevy Malibu
• 2010 – 2013 Buick LaCrosse

According to GM, salt can cause the protective coating of the toe links to rust and fail. GM also reports that there have been no accidents or injuries related to this defect. Those who drive the affected vehicles will be able to bring their vehicle to the dealership to get the toe links replaced. Owners will be notified on February 15 and a second notice will be delivered in March when the parts are ready to install.

Seatbelt Lawsuits

Seatbelts have saved millions of lives throughout the years. Most states now require that drivers wear them while they’re driving. However, the illusion of safety is a terrible danger. Drivers who click their seatbelts on have a reasonable expectation that they’ll still be in their seat if they get into an accident. If they aren’t, and the seatbelt can be proven to have malfunctioned, the car manufacturer is liable for their customer’s injuries.

Talk to a Florida Defective Auto Parts Attorney

Did a defective auto part contribute to your injury? If so, you are entitled to file a lawsuit against the company that manufactured the part and the company that distributed the part with their vehicles. Call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today to schedule a free consultation and learn more about how we can help.

news4jax.com/news/local/2020/12/23/gm-recalls-840k-vehicles-for-seat-belt-suspension-problems/

https://www.tiredefectattorney.com/gm-recalls-200000-vehicles-for-fire-risk/

Ford Still Denies Defect Exists 

Ford has agreed to a settlement but still maintains that their PowerShift automatic transmission does not have the defect alleged by vehicle owners. A federal court in California has recently approved the settlement and now owners of those above vehicles will be able to file claims related to economic losses suffered when the vehicle they purchased turned out to be defective.

As a result of the alleged defect, Ford extended its warranty twice, once in 2014 and again in 2019 for components related to the PowerShift transmission. The transmission has inspired numerous complaints filed with the National Highway Traffic Safety Administration (NHTSA). Complainants reported rough shifting and interruptions in power. Court filings indicated that the PowerShift transmission caused vehicles to “skip, buck, jerk, and suffer sudden or delayed acceleration.”

Payouts from the settlement trust will depend on the types of problems drivers experienced with their Focus or Fiesta and can range anywhere from $20 to $20,000. The deadline to file a claim is October 3.

How to File a Claim on a Class-Action Settlement

Class-action lawsuits are complex affairs and notoriously good for lawyers and not-so-great for plaintiffs. But the virtue of a class-action lawsuit is not that it provides plaintiffs with money far in excess of what they lost when they purchased the car, but it prevents the vehicles from staying out on the streets and affords those who purchased the vehicles some form of redress for their fiscal losses.

Attorneys, of course, can make millions of dollars on these lawsuits, but that belies the greater purpose here and the net positive effect that class-action lawsuits have. By making this defect known to the public, those who are driving these vehicles are now aware of why they’re having the problems they seem to be having. They can demand that Ford fix the transmission and have work performed (either by Ford or elsewhere) compensated. They also get compensation related to the diminished value of their vehicle.

While there appear to be no injuries or deaths related to this transmission defect, one can easily imagine a situation in which this particular design defect is responsible for an accident. In this case, that accident is unlikely to have serious injuries or fatalities, but that isn’t always the case.

Talk to a Florida Defective Auto Parts Attorney

If a defective tire or other auto component caused an accident in which you were injured, you are entitled to recover damages related to your injuries, including medical expenses, lost wages, and pain and suffering. Call the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert today for a free consultation.

Resource:

cars.com/articles/ford-focus-fiesta-transmission-settlement-what-owners-should-know-420135/

https://www.tiredefectattorney.com/lawsuit-against-porsche-alleges-coolant-pipe-endangers-tires/

The state maintains strict regulations on the dumping of certain automotive chemicals and even tires. These materials leach into the groundwater and soil, make their way into streams, and corrupt the wildlife even in places far away.

Undercover Investigations Led to Lawsuit

California takes its environmental regulations seriously. In a sting conducted across several counties and coordinated with multiple district attorney’s offices, undercover agents inspected the bins at 19 area Pep Boys. It was then that they found hazardous materials in these bins that would eventually find their way into landfills.

The inspections uncovered numerous instances of hazardous dumping including automotive fluids, batteries, electronic equipment, used oil, and more.

According to authorities, Pep Boys cooperated with the investigation and implemented several changes to their existing policies. A spokesperson said that they take environmental stewardship seriously and this was evidenced by how quickly they were able to adapt their existing policies. However, it was also clear from Pep Boys’ conduct that illegally dumping hazardous chemicals in spite of regulations was rampant and not the product of one outlet, but many.

The $3.7 million verdict will go toward cleaning up some of the damage that Pep Boys has done to the local ecosystem.

Investigation Exposes Them to Liability 

A highly publicized investigation like this could lead to other lawsuits down the road. Areas closest to the landfills where Pep Boys was dumping chemicals will be the first to suffer consequences. These consequences could include the devaluation of property, physical illness, or even death.

Stores are required to keep hazardous waste in closed bins where they cannot harm employees. In some cases, these chemicals can combine to produce even more toxic chemicals, unstable reactions, toxic odors, and more.

Alongside the $3.7 million verdict, Pep Boys will be required to undergo an audit of how they dispose of their toxic materials. They can also get a $1.2 million credit toward the settlement if they engage in $2.4 million worth of environmental enhancement work.

Pep Boys is not the only auto shop to be hit with these lawsuits. O’Reilly Auto Parts and Autozone, Inc. settled lawsuits for $9.86 million and $11 million respectively for similar conduct.

Talk to a Florida Tire Defect Attorney Today

If you’ve been injured by a defective tire, the Coral Gables tire defect attorneys at Halpern, Santos & Pinkert can help you recover damages related to your medical expenses, lost wages, and reduced quality of life. Call us today for a free consultation.

Resource:

patch.com/california/pleasanton/3-7m-settlement-reached-pep-boys-lawsuit-alameda-county-da

https://www.tiredefectattorney.com/goodyear-tapped-for-6-7m-in-exploding-tire-wrongful-death/