A man claims his car accident was a result of the GM ignition switch scandal.

On March 8, 2016, plaintiff Brian H. says he was driving a 2007 Chevrolet Impala that was involved in a car accident. Brian says he received a concussion and sustained injuries to his hand and wrist.

He alleges his injuries were a result of the defective ignition switch, which “is incapable of withstanding ordinary and normal movement and/or pressure.”

According to the GM ignition switch scandal lawsuit, the ignition switch on Brian’s Impala inadvertently turned to the “accessory/off” position because of a variety of defects with the switch’s design. Among the alleged defects:

• The torque was inadequate to hold the ignition switch in the “on position” with the weight of a key ring;
• The ignition switch’s position on the steering column is so low that the driver’s knee could accidentally bump the key fob;
• The ignition switch could unexpectedly move while the vehicle was traveling over a bumpy road.

In the event the ignition switches to the “accessory/off” position, says the lawsuit, the car loses power and the airbags fail to deploy, which is what happened in Brian’s accident in March 2016.

GM Ignition Switch Scandal Alleges Problems Known to Car Maker

GM allegedly learned in 2001 that engines of 2003 Saturn Ions were stalling due to defects in the key system that were determined during developmental testing. Instead of fixing those defects, GM designed and sold other vehicles with the same defective key system.

In 2004, alleges the GM ignition switch lawsuit, GM engineers said a driver could easily bump a knee into a key that would turn off the engine “because the Saturn Ion’s ignition switch was weak and located low on the steering column.” That same year, an engineer came forward and called it a “basic design flaw and should be corrected if we want repeat sales.”

The GM ignition switch scandal continued as more vehicles were made with the same defective key system design. When a car loses power suddenly because the key turns to the off position, the air bags often fail to deploy and the power steering often fails as well.

In May 2015, GM and the National Highway Traffic Safety Administration agreed to a consent order. GM paid a $35 million fine failing to provide a timely notice of the key system’s safety-related defect. Fifteen GM employees were fired for participating in the GM ignition switch scandal.

GM admitted it had ignored safety concerns regarding the key system for years and has recalled nearly 27 million vehicles.

The U.S. Department of Justice conducted its own investigation that resulted in GM receiving a $900 million fine and “a deferred prosecution agreement for criminal charges, including wire fraud.”

The GM ignition switch scandal has resulted in at least 13 deaths and more than 50 accidents, according to GM. An independent safety group, the Center for Auto Safety, estimates 303 deaths have been linked to Saturn Ions and Chevrolet Cobalts alone.

The GM Ignition Switch Scandal Lawsuit is Case No. 1:18-cv-02114 in the U.S. District Court for the Southern District of New York.