NHTSA Complaint #10621563 — 1998 DODGE NEON

1998 DODGE NEON WAS FORCED OFF THE ROADWAY BY A MITSUBISHI ECLIPSE THAT TURNED ACROSS 19 YEAR OLD FEMALE DRIVERS LANE OF TRAVEL. SIDESWIPE CAUSED LEFT FRONT CONTROL ARM TO COLLAPSE, VEHICLE BRIEFLY BOTTOMED ONTO PAVEMENT, LEAVING A SHORT DISTANCE GOUGE MARK. THE NEON THEN JUMPED ONTO A CURB AND IMPACTED A UTILITY POLE HEAD ON AT AN ESTIMATED 27-35MPH IMPACT SPEED. THIS ACCIDENT OCCURRED ON NELLIS BOULEVARD IN LAS VEGAS, NEVADA. THE FRONTAL IMPACT AIRBAGS DID NOT DEPLOY, FEMALE DRIVER HAD SEVERE NECK INJURIES THAT RESULTED IN A STROKE AND PERMANENT DISABILITY. TRW CLAIMS THE SYSTEM PERFORMED EXACTLY AS DESIGNED. THEY CLAIM THEIR 1998 VEAM CRASH SENSING ALGORITHM ASCERTAINED THAT THE DRIVER WOULD HAVE BEEN OUT OF POSITION AT THE TIME OF THE UTILITY POLE IMPACT AND THE DEPOWERED AIRBAG WOULD HAVE CAUSED MORE HARM THAN GOOD. I AM THE EXPERT WITNESS ON THIS CASE FOR THE PLAINTIFF AGAINST TRW. THIS DEFECT IN THE DESIGN OF THE SENSING SYSTEM IS AN INDICATION OF WHY THIS SUBJECT VEHICLE AND ITS SIMILAR MODEL YEARS HAS AN EXORBITANTLY HIGH NUMBER OF NON DEPLOYMENT OF FRONT AIRBAGS COMPLAINTS IN THE NHTSA COMPLAINTS DATABASE COMPARED TO ITS PEERS. I AM REPORTING THIS AT THE BEHEST OF DEFENSE COUNSEL, WHO CLAIMS THAT MY FAILURE TO REPORT THIS DEFECT IS ACTUALLY A FAILURE OF ME TO PROVIDE A SERVICE TO CONSUMERS. I WOULD BE GLAD TO DISCUSS THIS AND MANY OTHER CASES WITH NHTSA PERSONNEL, AS I BELIEVE THIS DEFENSE COUNSEL CRITIQUE ACTUALLY OPENS UP A GREAT OPPORTUNITY FOR ME TO WORK DIRECTLY WITH NHTSA TO PROVIDE MORE IMMEDIATE FEEDBACK ON SERIOUS DEFECTS THAT HAVE BEEN OCCURRING IN THE FIELD ON SOME SYSTEMS. I WOULD BE HAPPY TO DISCUSS MY PROPOSAL WITH NHTSA ON HOW WE MIGHT BE ABLE TO COOPERATE ON NARROWING DOWN FRIVOLOUS CLAIMS, BUT SETTING A HIGH PRIORITY ON REAL ISSUES THAT TYPICALLY RESULT IN LAWSUITS BUT ARE NOT NECESSARILY BROUGHT TO NHTSA'S ATTENTION. *TR