Who Is Legally Liable for an RV Burn Injury Claim?
Owning a recreational vehicle (RV) can be exciting and fun for the entire family, especially during holidays when the whole family can travel together across the United States. However, just like any other vehicle, RVs are susceptible to accidents, especially fires, which can put your entire family at risk of burn injuries.
Here we will discuss the causes of RV fires, who may be liable for them, and how to contact a burn injury attorney who can help you overcome the challenges associated with an RV burn injury claim.
Copeland Family and the Devastating Burn Injuries after Their RV Explodes
Kyle and Whitney Copeland purchased a city bus and converted it into a motorhome to help them realize their dream of traveling across the country with their four children, Pepper, Kade, Emree, and Krew. They didn't know that their recreational vehicle would cause them nightmares in the days to come.
On December 28, 2021, around 10 PM, Pepper and Kade were sleeping in their bunks, and Emree and Krew were playing in the front of the RV while the parents, Kyle and Whitney Copeland, were prepping the trailer for their next journey.
Suddenly, Emree ran outside the RV to tell her father about the funny noise the heater was making, but it was too late. The RV burst into flames with Pepper, Kade, and Krew still in there.
Kyle sprinted inside the RV to save his children. Kade escaped through the window while Kyle held onto Krew and Pepper as he made his way out from the flaming RV, but the damage was already done.
Whitney spoke to Peoples Magazine about the incident, stating that her children's lives will never be the same again. With scarring and burn injuries, the doctors told Whitney that the children and Kyle would require multiple surgeries and therapies to overcome the trauma.
Whitney suffered burn injuries on her hand, while Kade and Emree sustained minor injuries. Kyle, Pepper, and Krew required ICU admissions, and their treatments are still ongoing even a year after the incident.
Causes of RV Fires
There are many different causes of an RV accident involving fire, and some of these include the following.
RV Accidents
Most RVs are buses or used vehicles converted into motorhomes that may lack the metal sheets required to absorb the force of an RV accident, causing flammable fluids to leak and leading to RV fires.
In modern RVs, there are crumple zones that protect such areas, but they can only take a certain amount of force during RV accidents before leaking and catching fire.
Fuel System Leaks
A fuel system leak can cause gasoline vapors to escape the fuel system and slowly spread in and around the vehicle without the RV driver knowing.
Lighting up a cigarette or faulty wiring can cause the vapors to ignite and the RV to burst into flames.
Electrical System Failure
A typical RV standard lead acid battery is a major cause of an RV fire. During charging cycles, the hydrogen gases build up under the hood, and a single faulty wiring can cause a spark, igniting the explosive gases and leading to an explosion.
Spilled Fluids
An RV contains various flammable liquids, such as diesel, engine oil, transmission fluid, and many others. These fluids play a crucial role in the operation of an RV, as they circulate throughout the engine to ensure the vehicle keeps running.
In case of RV accidents, the lines carrying the fluid can take a hit, increasing the risk of an RV fire.
Overheating Catalytic Converter
The catalytic converter is one of the hottest parts of the RV that runs the entire length of the recreational vehicle. An overworked catalytic converter can reach temperatures of up to 1,400 degrees Fahrenheit, causing damage to the vehicle's components and increasing the risk of igniting tall grass.
Poor Maintenance
According to the U.S. Fire Administration, mechanical failure is one of the leading causes of fires in car accidents, including recreational vehicles. Routine inspections and maintenance can help identify and repair leaks, faulty wiring, and other hazards.
Failing to carry out maintenance can increase the risk of RV accidents, especially fire hazards from electrical and mechanical failures.
Design Flaws
The U.S. Fire Administration reported that less than 1% of car fires were due to design flaws. When a manufacturer cuts cost, it can lead to faulty vehicles on the market that may be susceptible to accidents or fire. Typically, when that happens, that manufacturer immediately recalls the cars to fix the problem and prevent accidents from happening.
Since 2012, major auto vehicle manufacturers have recalled more than 10 million vehicles due to fire hazards. Design flaws are a problem for both a car owner and a recreational vehicle owner, as they can lead to a recreational vehicle accident.
Who Is Legally Liable for an RV Burn Injury Claim
In an RV burn injury claim, like any other car accident claim, there could be one or many different parties responsible for your injuries, including the following.
Drivers for Reckless or Distracted Driving
If you're a passenger and the RV driver negligently crashes the vehicle, resulting in an RV fire and causing injuries, the driver may be liable for the damages.
In some recreational vehicle accidents, other drivers may be responsible for your burn injuries.
Manufacturers for Oversight and Faulty Design
Although motorhome accidents occur primarily due to the negligence of RV drivers, it is possible that you suffered burn injuries due to the manufacturer's negligence.
An RV manufacturer may fails to perform proper inspection and quality control, leading to faulty recreational vehicles with electrical or mechanical failures. These may have resulted in your RV accident, causing your RV to catch fire.
Repair Shops for Making Bad Repairs or Conversions
Most people convert buses into recreational vehicles, and it is the responsibility of the local repair shop to ensure they do the conversion job fine. Loosely fitted gas tanks, fuel system leaks, or loose wiring could lead to your RV burn injuries, for which you may be able to pursue a personal injury claim against the negligent repair shop.
The repair shop is also responsible for carrying out inspections and maintenance when you bring your RV to them. You might have a valid claim if their oversight resulted in your RV accident.
Talk to Dedicated RV Accident Attorneys about Your RV Burn Injury Claim
Sometimes motorhome accidents can occur due to another's negligence, and identifying the party responsible for your injuries is the first step to recovering financial compensation. Whether your RV accident occurred due to a negligent driver, the manufacturer, or any other party, a skilled personal injury attorney can help investigate the accident and identify the party liable for your loss.
Once the RV accident attorney identifies the liable party, they can help gather the evidence to support your RV accident claim and build a trial-ready case before filing the claim with the negligent party's insurance company.
Several studies carried out in the past highlight the importance of having a personal injury attorney on your side and how insurance companies are more likely to offer a higher settlement to those with legal representation than accident victims without one.
Besides filing RV accident claims, an experienced RV accident lawyer can deal with the insurance company, which can often be stressful for accident victims without legal representation. The RV accident lawyer can keep up the pressure on the insurer and negotiate a fair settlement.