Norma Edith Garcia-Sumano, 26, was critically injured in a San Francisco car accident after she was ejected from a Ford Expedition SUV in Aptos, California. According to a news report in the San Jose Mercury News, the accident occurred the afternoon of March 29, 2010, when the driver of the SUV, 27-year-old Pete Mendoza III, lost control of the vehicle and it rolled over. Garcia-Sumano was ejected during the rollover accident, struck and dragged for about 75 feet by a passing Nissan Altima in the fast lane of Highway 1.

Rollover Accident

Four children aged 1, 3, 5 and 7 were treated for minor injuries. Police believe excessive speed may have caused the crash. Mendoza was treated for minor injuries and released, while Garcia-Sumano remains hospitalized in serious condition. Mendoza has not been cited or arrested pending an investigation by the California Highway Patrol. Mendoza has a lengthy criminal record for various offenses including being under the influence of drugs. But officials determined that he was not impaired at the time of the crash. The relationship between Garcia-Sumano and Mendoza is not known.

It is indeed fortunate that none of the children was seriously injured in this rollover accident. I wish Garcia-Sumano the very best for a speedy and complete recovery. Please keep her in your prayers.

Auto Product Liability Issues

If the details of this news report are accurate, it appears that Mendoza may have caused this accident by driving recklessly. However, if I were a member of Garcia-Sumano's family, I would be interested to know whether she was ejected because of seatbelt defects in the Ford Expedition. The news report does not state whether Garcia-Sumano was wearing her seatbelt. If she was bucked up, but was ejected because of seat restraint system failure, the auto maker could be held responsible for her injuries.

Seatbelt failures occur more commonly than expected, especially in rollover accidents where the intensity of the crash is high. If I were representing the family, I’d be looking for defects in the vehicle’s seat belt restraint system. I would look at the accident sequence to see if the inherent design of the SUV, its lack of a stability control system, or a defective seatbelt, contributed to Garcia-Sumano's critical injuries. A reputed San Francisco personal injury lawyer, who has successfully represented injured victims in auto products liability cases will be able to advise the victim in this case about her legal rights and options.

None of the parties mentioned in this article are represented by us at the time this article was posted. The source of our information is cited in the article. If you were involved in this incident and have questions as to your rights and options, call a reputable law firm for a consultation. Do not act solely upon the information provided herein. The BISNAR | CHASE personal injury law firm will provide free, confidential consultation to "not at fault" persons and their family members if you mention your source was the “Personal Injury Law Journal." They can be reached at 866-456-5235 during California business hours.