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Reeves & Mestayer | Personal Injury Attorneys in Biloxi

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We have recovered over
$1 Billion
in compensation for our clients

Aggressive
We are persistent, proactive, and ready to fight for our clients' interests

Ethical
While we are aggressive, we always play by the rules and honesty is the foundation of what we do

Experience
We have extensive courtroom and trial experience putting our clients in the best position for success

Reeves & Mestayer is rated
Highest in Legal Abilities & Ethics
by Martindale-Hubbell

Reeves & Mestayer is listed as
One of the Preeminent Law Firms
in America

Reeves & Mestayer has obtained
Record Verdicts & Settlements
for their clients

BP oil spill class action recovery of
$70 Million
We handled thousands of BP claims throughout the Gulf South and was named by the Court to serve on the Economic and Property Damages Committee in the Multi-District Litigation

Defective product recovery of
$55 Million
After being injured or killed by defective tires, we fought to get 75 passengers and drivers the settlement they deserved

Car accident settlement of
$12 Million
After 5 people were killed in a multi-vehicle collision, their families turned to Reeves & Mestayer for help. We fought to get them the settlement they deserved

State of Mississippi tobacco litigation
$13 Million
Reeves & Mestayer law firm gained this verdict for the State of Mississippi to correct wrongful calculations related to the Mississippi tobacco settlement

Defective Product Settlement of
$1 Billion
We fought for 14,000 plaintiffs and 1,000 defendants hurt by Chinese-manufactured drywall products

February 12, 2020 By Jim Reeves

The Hidden Dangers of Seat Back Failures

By now, everyone understands that children riding in a car are safer in a child safety seat placed the backseat in the event of an auto collision. Seat belts, booster seats for older children and approved child safety seats have become the norm for families wanting to protect their most precious cargo.

It almost defies reason then that federal standards that oversee the safety of the front seatbacks in passenger vehicles haven’t been updated for 50 years.

As incredible as that sounds, a CBS investigation found that the core of the seat of most family vehicles is no more substantial than a flimsy aluminum lawn chair. Even with padding or a leather surface, a seat so inadequate passes the antiquated standards of the National Highway Traffic Safety Administration (NHTSA).

Crash test videos show that when hit from the rear, the front driver and passenger seat can collapse backward into whatever or whoever is in the back seat. At the same time, upon the seatback collapse, the front passengers can be launched backward often out of their seatbelts.  

CBS reports that 100 people have been severely injured or killed due to seat back failures since 1989. Most were children. Seventeen children have died in the past 15 years alone, reports CBS, in otherwise survivable crashes.  

Friedman Research Corp., analyzing data from 1990 to 2014 from NHTSA, found 898 children died in rear impact crashes when they were seated behind a front-seat occupant or in the center rear seat.

The reason for the discrepancy in the numbers is that the national database does not capture seat back collapse incidents.

NHTSA reports 29% of traffic accidents involve a rear-end collision, either at a low or high speed.

Parents buy what they believe to be the safest vehicle they can for their family, but even a five star safety rating does not address this major seatback standard failure.

Back Seat Failures Can Be Fixed

Sometimes, we learn the most from trials where discovery shows a jury what an industry knows but would rather keep secret.  

In 2012, the family inside an Audi sedan was rear-ended in San Antonio, Texas.  A seven-year-old boy was in the seat behind his father.

A Texas jury awarded the family $124.5 million in compensation because the father’s driver’s seat collapsed onto his son, causing the boy permanent brain damage, partial paralysis, and loss of some eyesight.

His younger brother sat next to him, but behind the front seat which wasn’t occupied. He was fine.

The jurors decided Audi exhibited gross negligence, but even still, it met or exceeded NHTSA safety standards. An engineer testified at trial that the seats are working the way they are supposed to. By collapsing backward they absorb the energy from the impact, but at what cost?

It didn’t help Audi’s case when jurors were told that the “fix” that is needed to make the seatbacks stronger costs just a few dollars per seat.

Most major automakers have these flimsy seats except Mercedes, Volvo, and BMW, which have upgraded their safety standards.

Changing Seat Back Failure Design

The Center for Auto Safety has filed a petition with the NHTSA to fix this serious defect that has existed for 50 years. The Center wants a new seatback failure standard and a warning to parents.

A small study from the Association for the Advancement of Automotive Medicine determined that there was a doubling of the injury risk for children in the back seat behind drivers in most major automobiles. It found that rear impacts account for 15% of all tow-away crashes involving children bucked into the rear seats, though severe rear-end crashes are less common.

Adding to the problem, a child safety seat puts the child a bit closer to the front seat and potential impact.

Your Biloxi Personal Injury Law Firm

So, what is a parent to do if they do not own a Mercedes, Volvo or BMW?  One thing we can all do is contact the NHTSA and demand stronger upgraded seat back standards for all vehicles. Next, look for other automakers who have decided to upgrade seat back safety standards on their own.

If you or a loved one has been injured in an automobile crash, please contact the experienced and compassionate lawyers at Reeves and Mestayer. We understand how to investigate a crash and all of the components of your personal injury lawsuit.

Let us help you seek compensation for pain and suffering, injury, property loss, and lost wages. You can reach Reeves and Mestayer at our Biloxi office at 1-855-558-2977  to schedule a complimentary to discuss your case.  

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Filed Under: Personal Injury, Product Recalls Tagged With: Seat Back Failures

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Verdicts & Settlements

$156M
Settlement in a class action lawsuit filed on behalf of pensioners of the Singing River Pension Plan.
$55M
On behalf of 75 passengers and drivers injured or killed in tire defect/rollover cases
$22M
On behalf of seven investors defrauded of their life savings
$12M
On behalf of five people killed in a multi-vehicle collision
$10M
On behalf of children and teachers poisoned by defective spray roofing
$5.5M
Verdict on behalf of a woman who was abducted and raped in a K-Mart parking lot because the store provided no security
$6M
Settlement on behalf of an orthopedic surgeon killed during a scuba diving excursion. Believed to be a record settlement for a dive accident in the Bahamas.
$1M
Verdict on behalf of a women who did not receive timely treatment and died as a result of her injuries.

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Reeves & Mestayer

Reeves & Mestayer, PLLC
160 Main St
Biloxi, MS 39530

Toll free: 1-855-558-2977
Phone: 228-374-5151
Fax: 228-374-6630

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