COPYRIGHT© 2001
Perry & Haas, L.L.P. Attorneys at Law

A Primer on Crashworthiness
FOR THE NON-CRASHWORTHINESS LAWYER
July, 2001
DAVID L. PERRY Perry & Haas, L.L.P.

When to Consider a Crashworthiness Case

A crashworthiness case is usually the lawyer’s last resort. At the same time, in the face of catastrophic injury or death from an automotive crash, and in the absence of obvious liability against another financially responsible defendant, the possibility of a crashworthiness case should be considered from the outset for two reasons:

First, is the need to gather and preserve important physical evidence which can easily be lost unless steps are taken for its preservation;

Second, but equally important, is the need to avoid strategic mistakes which may weaken a viable crashworthiness case. For example, an insurance carrier may offer to pay the policy limits for an obviously liable defendant with a minimum $25,000 policy. Often, such an offer should not be accepted! The settlement would mean nothing to a quadriplegic with hundreds of thousands of dollars of medical bills, but could give a liable automotive manufacturer a $4 million credit against a $20 million verdict several years later.