WASHINGTON -- By Kenneth
Cole
Detroit News Washington Bureau
Maya Donnett might have walked somewhere today had her
rental car's replacement windshield not popped out like a jack-in-the-box two years ago.
Instead, the former condominium saleswoman navigates her apartment in the motorized
wheelchair she's been confined to since breaking her neck in the 1996 crash.
"It's a big switch, going from international
saleswoman to this," the 45-year-old Bethesda, Md., careerist said. "It humbles
you."
Auto safety experts and glass manufacturers argue
Donnett's life-altering injury was avoidable. They contend her story personifies the need
to prescribe standards and regulations for the after-market windshield business.
The reason: The windshield over the years has become
integral to overall occupant protection. Yet federal regulators don't monitor windshields
-- or any other auto part -- not installed as original equipment. Windshields are a
particular concern.
Some after-market glass shops use lesser quality
sealants to hold windshields in place, said Linda Barnett, director of industry
development for the National Glass Association in McLean, Va. Many, she said, neglect to
emphasize to their customers the importance of time and temperature in assuring the glass
bonds correctly.
As a result, the panels often don't adhere properly and
are at greater risk of falling out under the pressure of a crash.
But "auto glass, the windshield in particular, has
become a large part of the structural integrity of automobiles and a key safety
device," Barnett said.
Besides doing its traditional chores -- stopping debris
from flying inside the passenger compartment and motorists from being thrown outside a
vehicle -- the windshield now is critical to air-bag performance. More and more automakers
are installing passenger-side air bags that fire first toward the thick panel of glass,
letting it absorb potentially lethal force, before inflating toward the occupant. After
deployment, the windshield helps position the air bag in front of an occupant.
And automakers depend on the heavy pieces of laminated
glass to buttress vehicle roof strength and absorb some crushing forces in rollover
crashes.
Federal regulators haven't concluded decisively that
the windshield helps stave off such crush, but Rae Tyson, a spokesman for the National
Highway Traffic Safety Administration, said "common sense suggests it does."
Anecdotal evidence supports such a conclusion, too.
Ford Motor Co., in the late 1980s, tested the roof strength of its former Aerostar
minivans with and without a windshield. It found the van's roof buckled more without the
glass panel.
"People would shudder if they realized the
structural integrity of a vehicle's roof depends on a piece of glass," said Ralph
Hoar, a Virginia auto safety consultant.
Donnett learned that fact in the most lamentable of
ways. On Sept. 16, 1996, she flew from Manila, Philippines, to Kauai, Hawaii, for work.
Fluent in Chinese, Donnett was stationed on the Asian island by Marriott Hotels, for which
she sold posh time shares.
After leaving the airplane, she walked to National Car
Rental. The only car available was a 1997 Chevrolet Cavalier that had had a replacement
windshield installed hours earlier -- the second one mounted in that car in six months.
Donnett was en route to a dinner party later that day.
She was belted and estimates traveling "25 to 30 mph" on a snaky poorly lighted
road when she inadvertently steered the car onto the soft shoulder. Something caused the
Cavalier to roll over on its roof. A post-crash blood-alcohol test performed later on
Donnett found her blood-alcohol level exceeded Hawaii's 0.08 limit -- a charge her
attorneys dispute. Seconds after the car rolled over, the fresh windshield popped out and,
Donnett alleges, contributed to her fate.
"I remember thinking, 'Boy, I got myself in a real
jam this time,'" Donnett said. "Then I realized I couldn't push my arms away
from the dashboard."
In a lawsuit she filed against General Motors Corp.,
National Car Rental and Windshield Kauai, the company that mounted the glass, Donnett
argues the panel was improperly installed and not given ample time to seal correctly.
A post-crash examination of the Cavalier for defects
reached the same conclusion.
"There was virtually no adherence between the
bonding material and the glass itself, so the glass just fell off for all intents and
purposes," said Richard Hille, co-owner of the Goleta, Calif., company that did the
probe. "It's the worst windshield installation I've ever seen with the exception of
maybe one, where someone used foam tape."
Donnett said the windshield's popping out induced, in
part, the collapse of the Cavalier's front roof support pillars. That, she contended,
allowed most of the car's 2,600 pounds to cave in on her head and break her neck between
the third and fourth vertebrae, leaving her a quadriplegic.
"National Car Rental has a duty to provide a car
that's safe," said Jim Collins, the Menlo Park, Calif., attorney representing Donnett
in the case that won't go to trial until next year. "If they rent you a car with bad
brakes, you'd hold them responsible. "Well, in this case it was a bad
windshield."
National Car Rental and Windshield Kauai failed to
respond to multiple phone calls.
In a statement, GM said: "The Cavalier meets or
far exceeds all applicable federal motor vehicle safety standards, including roof
strength."
Auto safety advocates and glass industry lobbyists fear
a rise in such injuries and lawsuits because of the volume of cracked, fissured and
spider-webbed glass panels getting replaced -- 11 million a year, the National Glass
Association estimates.
The business has attracted more startup companies, and
the association fears the increased competition for customers is prompting some glass
shops to use cheaper, inferior sealants to bolster thinning profit margins.
Some even use butyl tape to hold a windshield in place
and buy time for lesser quality urethane to seal. "But the tape takes up space that
should be filled by urethane," said the glass association's Barnett.
Exacerbating the problem are cost-conscious insurance companies and impatient consumers.
Most insurers refuse to pay for anything beyond the price of the windshield and the time
it takes to install it. But most adhesives require time -- at least a day, frequently more
-- at the right temperature and humidity to seal correctly.
Replacement shops, however, can't afford to let a
vehicle just sit in a bay and eat up space that could be devoted to another paying
customer. Customers welcome the rush, though. Most want their wheels back as soon as
possible. Recognizing that, some shops send mobile units to parking lots to replace auto
glass while vehicle owners work or shop.
"We want our glass in in an hour," Barnett
said. "Nobody gives a care about the conditions because nobody knows it makes a
difference."
The glass association is developing an "Industry
Code of Practices/Standards" for its 4,000 members to use as a guideline in replacing
windshields.
"Our primary concern is for the physical safety of
consumers and the legal safety of the installing industry," Barnett said.
She noted that her association, earlier this year,
broached NHTSA about writing a rule governing windshield replacement but was told the
agency only regulates automakers.
Patt Ardis, a Memphis, Tenn., attorney specializing in
automobile glass cases, said the government should at least monitor auto glass
replacements, given their frequency and importance to passenger safety.
"It's a mistake to rely on glass for structural
integrity to begin with," Ardis said. "But since we do, we should at least have
standards for what the glass -- original or replacement -- must do. "What we got now
is a half-baked nothing."
Donnett couldn't agree more. She knows, however, it's
too late for such a standard to help her and is focusing on more practical matters.
"I recently got back some biceps and triceps
movement and can now drive my own chair," Donnett said. "Finally, I can do
something on my own again."
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