Lieff
Cabraser is
a national personal injury law firm that represents drivers and passengers injured
in car crashes, pickup truck, SUV and Yamaha
Rhino rollover accidents.
The
many factors in the crash that killed 16-year-old
Lauren Sausville on Dec. 3 came together in a
split second, on a curve that would claim her
life.
Hurrying to catch
up to a friend on Colchester Road in Fairfax County that night, police say, her
vehicle's excessive speed, the darkness, the beer she'd had, her inexperience
as a driver increased the odds of a crash. And then there was the 1999 Ford Explorer
she drove, a sport-utility vehicle that her stepmother, Debbie Sausville, called "too
much car" for a 5-foot-4 high school junior who weighed barely 100 pounds. More...
A
Deltona man whose Ford pickup caught fire in
his garage, extensively damaging his home, is
warning others that it could happen to them,
too.
Roberto Garcia-Nazario
said his 1999 Ford F-150 burst into flames the evening of Dec. 13, some nine
and a half hours after he parked it and turned off the ignition. Garcia,
who ran for mayor in Deltona's first municipal elections in 1995, said he "lost
everything" in the fire, and his main concern is that it also could happen
to someone else. More...
Auto
accidents allegedly caused by tire-tread separations
are sparking lawsuits across the country, with
plaintiffs charging that tire manufacturers are
selling tires without warning consumers of the
potential risk when the tires get older.
A handful of cases
have settled, and about 25 lawsuits are currently pending in several states,
including California, Florida, North Carolina and Texas, according to attorneys
involved in tire litigation. More...
December 13, 2004
Car
and Driver, "Ford Recalls Even More
Escape/Tribute SUVs"
Ford
has expanded its just-announced recall of Escape
and Mazda Tribute SUVs to nearly 600,000 vehicles, Reuters reported,
citing the automaker and the National Highway
Traffic Safety Administration.
Ford originally said it
was recalling 474,000 vehicles because an accelerator cable may prevent their
engines from returning to idle, increasing stopping distances and potentially
resulting in a crash.
Now, Ford says, the recall
will include 474,000 Escapes as well as 121,000 Mazda Tributes from the 2002-2004
model years. Ford owns one-third of Mazda.
A
year ago today, two Prosser High School students,
Belen Campos and Corinne Bardessono, died when
a 15-passenger Ford van carrying them slid on
black ice on Highway 395 near Ritzville and rolled.
They were traveling to
Cheney to tour Eastern Washington University with Upward Bound when the accident
occurred. More...
Auto
accidents allegedly caused by tire-tread separations
are sparking lawsuits across the country, with
plaintiffs charging that tire manufacturers are
selling tires without warning consumers of the
potential risk when the tires get older. A handful
of cases have settled, and about 25 lawsuits
are currently pending in several states, including
California, Florida, North Carolina and Texas,
according to attorneys involved in tire litigation. More...
December 8, 2004
Los
Angeles Times, "Commuter Van Over
the Side in Angeles Forest"
A
commuter van carrying employees from the Jet
Propulsion Laboratory plunged down a steep mountain
ravine in Angeles National Forest above La Canada
this morning, killing at least three people and
leaving several others trapped in the vehicle,
authorities said.
The white van was
reportedly carrying 10 people when it drove off Angeles Forest Highway near Angeles
Crest Highway about 6:30 a.m. and tumbled down a hillside, according to Los Angeles
County Fire Inspector Ron Haralson. The injured, whose conditions ranged from
critical to serious, were being airlifted to nearby hospitals, officials said.
The narrow and winding
Angeles Forest Highway has become a popular commuter shortcut between the Antelope
Valley and Los Angeles for drivers looking to avoid the congested 14 and 5 freeways,
according to National Forest Service officials.
November 25, 2004
The
Detroit News, "Florida appeals
court allows family to seek punitive damages
from Firestone"
A
Florida appeals court ruled Wednesday that a
family injured in a rollover caused by a faulty
Firestone tire can sue the company for punitive
damages. A jury awarded $55,400 to Carolyn Holmes
in 2003, and decided that Firestone was 20 percent
liable because it didn't warn about the defect.
But the trial judge ruled that Holmes couldn't
seek punitive damages.
The 4th District
Court of Appeals reversed the decision about punitive damages, saying that if
Firestone knew about tread separation problems but delayed warning the public
in order to protect its financial interests, punitive damages would be supported.
Holmes, of Pembroke
Pines, was driving her Ford Explorer in October 1999 when the tread on the rear
left ATX tire separated, causing the SUV to rollover. Holmes suffered lacerations
and a crushed arm. The jury decided that a car care company that had repaired
Holmes' car just weeks before the rollover was 80 percent liable. In August 2000,
Firestone recalled the tires.
November 8, 2004
Detroit
Free Press, "Safety group
seeks tire expiration date; Older tires with
very little wear are called an 'invisible
hazard' and blamed for 37 deaths"
A
consumer safety group is petitioning the federal
government to require easy-to-read "born-on" dates
for car and truck tires, citing 50 crashes resulting
in 37 fatalities caused by older tires with very
little wear and tear. According to Sean Kane,
president of SRS, tire performance can start
to degrade after six years - even if the tires
have not been used - because of the rubber's
age. "It's an invisible hazard," Kane
said. "The industry knows a lot about it,
and they have recommendations that they've hidden
from the public for years."
In many of the accidents
documented by SRS, tires with little wear in the tread suddenly failed.
Three weeks after
a Toyota dealer performed service on the vehicle, rotating an original spare
tire onto the right rear wheel, the tread separated at highway speed, resulting
in a rollover. A young mother died from head injuries in that incident.
A
new study by the insurance industry says that
the stability systems available in some cars
and trucks can greatly reduce the likelihood
of an accident. The technology, which applies
brake pressure to help a driver maintain control
of the vehicle, was found to reduce the chances
of a fatal crash by 34 percent, according to
the Insurance Institute for Highway Safety. More...
October 28, 2004
The
Los Angeles Times, "Ford
Win in Rollover Case Is Reversed"
A
U.S. appeals court reversed a 2003 jury verdict
that found Ford Motor Co. wasn't liable for the
death of a mother and a daughter in an Explorer
rollover accident.
A federal appeals
court in San Francisco last week ordered a new trial for the family of Angela
and McKenna Jaramillo, who were killed in August 2000 in an accident involving
a Ford Explorer. The court found the trial judge shouldn't have let Ford introduce
evidence on other rollover accidents.
October 22, 2004
Detroit
News, "Groups advocate safer
power windows; want tougher rule than proposal
approved by feds"
Major
consumer groups Thursday asked federal regulators
to reconsider and make tougher a regulation that
would require safer power window designs.
On Sept. 13, NHTSA
issued new rules it said would lead to safer power window switches. Seven children
have died this year after accidentally stepping on or leaning on "rocker" window
switches.
The 11 groups said
the government did not go far enough with the new regulation by failing to require
auto-reverse mechanisms like those featured on garage doors.
Similar power-window retractors are standard equipment on 80 percent
of vehicles in Europe, the groups said. They estimated the technology
would initially cost $50 per vehicle, and be reduced with mass production.
Federal
auto safety officials are backtracking on a pledge
to give consumers access to detailed data on
which cars and trucks may be linked to deaths,
injuries and property damage. The reason: Tire
makers have sued to prevent its release. The
National Highway Traffic Safety Administration
(NHTSA) says it will hold off indefinitely on
releasing the information while the lawsuit by
the country's largest tire makers is argued and
decided, which could take months, if not years.
Consumer advocates have been clamoring for the
release of such data since the 2000 Ford-Firestone
rollover debacle. More...
August 25, 2004
Los
Angeles Times, "Regulators Step
Up Probe of Ford Car"
Safety
regulators stepped up a probe into faulty door
latches on 261,000 of Ford Motor Co.'s Focus
cars from the 2000 model year, the U.S. government
said.
The National Highway
Traffic Safety Administration said an evaluation of the problem had been escalated
to the status of an "engineering analysis," which often precedes a
safety recall. Also, NHTSA said it opened an engineering analysis of about 110,000
of Toyota Motor Corp.'s 2002-model Tundra pickup trucks after receiving complaints
of a faulty ball joint in the front suspension that resulted in a loss of vehicle
control or front braking ability.
The
estates of five young people killed in a single-vehicle
church van rollover accident last year have sued
Ford Motor Co. and Enterprise Rent-A-Car, claiming
Ford was negligent in manufacturing its Econoline
E-350 15-passenger van, and Enterprise knew the
vans were dangerous. More...
Ford
Motor Co. settled a rollover-death case involving
its Explorer sport-utility vehicle as a Florida
jury considered whether to award $48 million
in punitive damages to the victims family.
A Fort Myers, Florida.,
federal jury awarded the victims family $5.3 million in compensatory damages
Wednesday and was considering punitive damages when lawyers settled for an undisclosed
amount.The family of Bob Miller, who was 57 when he died, filed the suit.
The familys
lawyer, Richard Denney told jurors the Explorers rear tires lose control
of their direction because they bounce off of the ground. The bouncing is caused
by a soft suspension system on a solid axle, he said. Miller was on his way home
from his roofing job and was wearing his seat belt and a hard hat when a tire
lost its tread, his lawyers said. He lost control of the Explorer and it flipped
over.
The
gap in safety between sport utility vehicles
and passenger cars last year was the widest yet
recorded, according to new federal traffic data.
People driving or riding in a sport utility vehicle
in 2003 were nearly 11 percent more likely to
die in an accident than people in cars, the figures
show. More...
A
new federal study that could have major implications
in the growing debate over vehicle roof strength
found a strong link between fatalities and injuries,
and the severity of crushed roofs in rollover
accidents. Automakers have contended for years
that theres no solid evidence of a correlation
between roof strength and the likelihood of injury
and death in rollover accidents. More...
August 12, 2004
Long
Beach Press Telegram, "3 killed
in SUV rollover on I-210"
A
sport utility vehicle rolled over on a freeway
Thursday, killing three people and injuring four
others, including a boy who was hurled onto adjacent
commuter rail tracks where a train severed one
of his legs, authorities said. The boy, whose
age was estimated at 5 to 10 years old, was in
critical condition while another person was hospitalized
in cardiac arrest and two others had major head
injuries and broken bones, said Lisa Derdarian
of the Pasadena Fire Department.
The accident occurred
about 10:10 a.m. on the Foothill (210) Freeway. The Metro Gold Line light rail
track runs down the median, separated from the east-and westbound lanes of the
freeway by fences. Two people died at the scene and a third was pronounced dead
at a hospital, Derdarian said.
The
truck had two bad brakes and a tired driver.
It carried a load of cars. And it slammed into
the back of an SUV carrying two young boys and
their fathers. One of the dads was a firefighter,
the other a state trooper whose job was to keep
bad rigs off the road. Everybody died. More...
More
than a third of the most popular 2004-model sport-utility
vehicles show a tendency to roll over, federal
car-safety regulators said yesterday, giving
auto makers another dent in their SUV lines. More...
The
government's traffic safety agency is expanding
its rollover rating system for cars and trucks.
The National Highway Traffic Safety Administration's
old rollover ratings were based on height and
width as well as a test that includes a sharp
turn at up to 80 kph (50 mph) Five stars are
given to vehicles that roll over 10 percent of
the time or less, and one star to vehicles that
roll over between 40 and 50 percent of the time. More...
A
lawmaker called for stronger guardrails along
Florida's highways Monday after a church bus
plunged into a canal and killed three children.
State Rep. Irv Slosberg, D-Boca Raton, said highways
should be lined by barriers similar to those
used to keep airplanes on aircraft carriers. More...
August 9, 2004
CNN/Money, "SUVs
ranked for rollover safety"
The
2-wheel drive Ford Explorer SportTrac was the
lowest-rated SUV, with a 35 percent chance of
rolling over in a single-vehicle crash. Previously,
NHTSA had used a five-star rating system to measure
an SUV's tendency to roll over in a crash. The
system covered all types of vehicles, not just
SUVs, and SUVs overwhelmingly tended to have
three-star ratings. Of the 28 SUV that had been
rated before today, 20 had three star ratings
and just one, the 2-wheel SportTrac, had a two-star
rating. Seven had four star ratings.
SUVs overwhelmingly tended
to have three-star ratings. Of the 28 SUVs that had been rated before today,
20 had three-star ratings and just one, the 2-wheel drive Ford Explorer SportTrac,
had a two-star rating. A four-star rating means that an SUV has a 10 to 20 percent
chance of rolling over in a single-vehicle crash. Three- and two-star ratings
correlate to 20-to-30 and 30-to-40 percent odds of a rollover, respectively.
U.S.
safety regulators will begin predicting the probability
that a vehicle will roll over, cause of more
than half the fatalities for sport-utility vehicles.
The National Highway
Traffic Safety Administration, responsible for issuing rollover ratings since
2000, will assign scores to supplement results based on test track performance
and a mathematical formula, spokesman Rae Tyson said. The agency starting Monday
will rank from best to worst cars, SUVs, minivans or pickups, he said. More...
August 4, 2004
Los
Angeles Times, "Don't get burned
by your tires this summer; Wear and improper
inflation can lead to dangerous blowouts,
especially when it's hot"
Everything
is ready for your end-of-summer family vacation.
Or is it? There's one item that is easy to forget
but could have some terrible consequences if
neglected.
Tire pressure. Driving
on bald or under-inflated tires on hot summer days can lead to disaster, auto
safety and tire experts warn. Underinflated tires fail because they overheat,
which leads to the breakdown of the tire's internal structure.
Improper inflation
also can reduce your ability to control your vehicle. Dangerous tire blowouts
occur more during summer months than at any other time of the year, safety advocates
say. If you are traveling in an SUV or pickup truck, the risk can be even greater.
August 4, 2004
The
Associated Press, "Families sue
Ford, Enterprise over van crash"
The
families of five people killed when the Ford
van they rented rolled over last year sued the
car company and Enterprise Rent-A-Car. The lawsuit,
filed in Alameda County Superior Court in Hayward
on Tuesday, says the companies knew the 2002
Ford Econoline E-350 van was unsafe and failed
to warn the group that was taking a trip to a
religious retreat.
Enterprise, which
now requires customers renting 15-passenger vans to sign a statement advising
them of the risk, expressed sympathy but declined to comment on the details of
the case. The group rented three vans to carry people to an annual retreat at
a monastery in San Bernardino County. One of the vans, which can carry 15 people,
rolled over on Interstate 15 on March 29, 2003, after the driver lost control.
The van was rented
from an Enterprise branch in Hayward. According to the lawsuit, Ford and Enterprise
had been warned by two federal safety agencies that the vans, when occupied by
at least 10 people, had a higher rollover rate than those carrying fewer passengers.
August 3, 2004
The
Kansas City Star, "When Thomas was
injured at heart of case; Witness blames
SUV roof's collapse"
Amid
clashing theories involving complex math, a pair
of shoes became key evidence Monday in the Derrick
Thomas wrongful-death case. Shoes likely to be
those of Thomas were found on the grassy median
of Interstate 435 -- midway between his crumpled
sport-utility vehicle and where Thomas came to
rest, shoeless, on the other lanes of the highway.
An expert witness
called by lawyers for Thomas' mother and seven children testified that the shoes
could not have landed there if Thomas ejected from his SUV the way General Motors
Corp. experts suggest. Other testimony included a videotape of Chiefs President
and General Manager Carl Peterson. Just weeks before the accident, Peterson said,
he offered Thomas a five-year contract for more than $22 million.
The Thomas family
contends that GM is at fault for the Jan. 23, 2000, rollover accident that paralyzed
and later caused the death of the Chiefs' star. They contend that Thomas was
injured when the roof of his Chevy Suburban crushed about midway through three
rollovers, and not when Thomas was ejected through the driver's side window.
The defense contends Thomas drove too fast, did not wear a seat belt and was
injured when thrown from the SUV before the roof buckled.
July 31, 2004
The
Montgomery Advertiser, "Rollover
accident gets 15-passenger van sacked"
The
children from Kidz First Camp will no longer
be traveling in a 15-passenger van, the camp's
director said Friday. That decision comes after
an accident two weeks ago that injured nine children
when the van they were traveling in rolled over
into a ditch along Interstate 65 on a field trip.
It also comes two months after the National Highway
Traffic Safety Administration reissued a rollover
warning to users of the vans.
The risk of rollovers
with 15-passenger vans has been a concern for several years, with 1,576 vans
involved in fatal crashes between 1990 and 2002, NHTSA statistics show. Of those
crashes, 349 were single-vehicle rollover crashes. Because of the dangers, the
state of Alabama has a ban on the vans. "They flip in a heartbeat," said
Montgomery County Board of Education spokeswoman Angela Mann. "No county
in the state uses them."
There is also a federal
ban on the sale of 15-passenger vans to schools for transporting high-school
age and younger students, the NHTSA said. While the law prohibits the sale for
school-related use, no such prohibition exists for vehicles to transport college
students or other adult passengers. Day-care centers also use the vans.
Despite
multimillion-dollar lawsuits arising from rollover
accidents involving sport utility vehicles in
the United States, SUVs and pickup trucks continue
to outsell passenger cars. A series of lawsuits
have charged General Motors, Ford and other auto
manufacturers with failing to protect occupants
in rollovers of SUVs and pickups.
The Detroit News cited
federal statistics showing that an estimated 7,000 people are killed or seriously
injured each year in rollovers in which the roof was crushed. More...
Tim
and Frances Bardessono couldn't help but notice
the large number of 15-passenger vans on the
road as the Prosser couple drove to Seattle.
Their daughter, Corinne Bardessono, 15, was killed
in December when the 15-passenger Ford van she
was riding in hit black ice on Highway 395 near
Ritzville and rolled. Belen Campos, 17, also
died in the accident. The two girls were classmates
at Prosser High School. More...
The
suspensions on two Saturn Vue sport utility vehicles
broke during rollover tests performed by the
government last month, causing the left rear
wheels of the vehicles to collapse. The suspension
failures occurred in separate tests of the two-
and four-wheel-drive versions of the Vue, which
is made by General Motors. More...
July 27, 2004
Los
Angeles Times, "Saturn Vue SUV Fails
in Rollover Tests"
General
Motors Corp. faces a U.S. safety probe and a
potential recall of 227,303 Saturn Vue sport
utility vehicles because the rear suspension
collapsed during federal rollover tests. The
review covers 2002 through 2004 models, the National
Highway Traffic Safety Administration said.
The suspension failure
in both four- and two-wheel-drive 2004 Vues was the first in rollover driving
tests added this year. The left rear wheel collapsed under the vehicle, NHTSA
said. A GM spokesman said he was unaware of any problems with the Vue suspension
and that the automaker was cooperating with the agency.
July 16, 2004
Bloomberg
News, "DaimlerChrysler loses
bid to reverse $54 million award to Valley
woman"
DaimlerChrysler
AG, the world's fifth-largest automaker, lost
a bid to have an Arizona judge reverse or cut
a $53.75 million jury award to a Phoenix woman
paralyzed when the seat of her Dodge Ram pickup
broke during an accident. The company argued
that the $50 million punitive part of the damages
violated U.S. Supreme Court rules on the size
of such verdicts. Maricopa Superior Court Judge
Robert Gottsfield, who upheld the verdict last
Friday, said the punitive award wasn't excessive.
Minnie Mae Douglas,
61, was injured in 1999 when her extended-cab pickup truck spun out of control
and hit a highway overpass near Phoenix. She claimed a bracket broke, causing
her seat to collapse and allowing her head to hit the back seat. A state court
jury awarded Douglas and her husband, Ollie, $53.75 million, including $50 million
in punitive damages, in November. The punitive award against DaimlerChrysler "is
supported by clear and convincing evidence of pursuing a course of conduct consciously
knowing it created a substantial risk of significant harm to others," Gottsfield
said in his decision.
At
least 27 Honda CR-V sport-utility vehicles from
the 2003 and 2004 model years burst into flames
shortly after getting their first oil changes,
according to records provided to the federal
government by the manufacturer. While no injuries
were reported, many of the vehicles were destroyed,
usually with 10,000 miles or fewer on their odometers. More...
Ford
Motor Co. said Wednesday it has voluntarily recalled
about 171,000 of 2003 and 2004 model vehicles
for a variety of defects. The largest group includes
92,000 of 2003 F-Series Super Duty pickup trucks
and Excursion sport utility vehicles, spokesman
Glenn Ray said.
He said there may
be a problem with the battery ground connection to the engine block on models
with six-liter diesel engines. In the worst case, he said, a smoldering fire
could result from a loose ground connection. He said there have been 35 reports
of alleged fires related to the problem, but no accidents or injuries.
July 2, 2004
Associated
Press, "DaimlerChrysler AG Recalling
More Than 20,000 Vehicles for Safety Defects"
DaimlerChrysler
AG is recalling at least 20,000 vehicles because
of safety defects, the company said Friday. The
recall affects 2005 models of the Chrysler 300
and Dodge Magnum and 2004 models of the Chrysler
Sebring and Jeep Liberty.
Chrysler Group spokesman
Max Gates said the company wants to inspect and possibly repair the battery cable
connections on 20,060 vehicles, tighten safety belt attachments on 12,211 vehicles
and inspect and possibly repair the child seat anchor systems on 12 vehicles.
Gates said some of the models may have one or more defects and some may have
none at all. The company is still determining which vehicles are affected, he
said.
At
least seven children nationwide have died since
March 30 from strangulation or asphyxiation after
their necks were caught by power windows. The
rash of deaths has prompted safety advocates
to increase pressure on Congress to enact measures
that would require vehicles to have safer power-window
switches. "We are devastated by these fatalities," says
Janette Fennell, president of Kids and Cars,
a consumer advocate group that has strenuously
pushed for tougher vehicle safety. "Congress
can stop children from being needlessly killed
by dangerous power windows." More...
June 28, 2004
Associated
Press, "Florida truck driver dies
when semi rolls over"
Two
people, including a Florida man, died after a
semi with a trailer full of vitamins rolled over
near Parley's Canyon, during a trip that started
in Miami. Police believe the accident was caused
after the truck's brakes failed.
The driver seems
to have steered off the road and up a mountain slope when he couldn't slow his
rig. The truck rolled down a steep hill on the other side of that slope, sliding
into an emergency lane of traffic. The driver, 45-year-old Gregorio Hernandez,
of Florida, and Rafael Cruz, the 7-year-old son of his girlfriend, of Waterbury,
Conn., were killed.
At
least seven children have died nationwide in
the past three months by getting strangled in
automobile power windows, prompting safety advocates
to charge the auto industry and the government
with dragging their feet in making relatively
simple changes to reduce the danger. More...
June 23, 2004
The
Wall Street Journal, "Rollover Scores
Downplay Road Test"
The
government's much-touted new rollover test is
facing mounting criticism.
In data released
by the National Highway Traffic Safety Administration so far this year, eight
of the nine vehicles that tipped up onto two wheels -- a sure sign of unsteadiness
and an event that precedes a rollover -- scored a passing grade. Five of the
nine actually improved their overall score from previous years.
The Toyota Tacoma
Extended Cab 4x2 pickup tipped up on the test and still received a four-star
rating, the same as most low-to-the-ground passenger cars. Four stars means the
vehicle has a 10% to 20% chance of rolling over in a crash involving just one
vehicle.
"The result
defies common sense and it gives a misleading impression to the consumer," says
R. David Pittle, senior vice president for technical policy at Consumers Union,
publisher of Consumer Reports.
Joan Claybrook, the
former head of NHTSA who now runs consumer advocacy group Public Citizen, says
the ratings need to be re-evaluated.
Matthew
Chappell was serving in the Middle East with
the U.S. Air Force when he got the bad news.
His 4-year-old daughter was killed in an accident
involving a car.
But the May 24 accident
in Box Elder, S.D., had nothing to do with a collision. Instead, Hailee Chappell
was caught and killed in a power window. More...
If
you're shopping for a new sport utility vehicle
and you want to buy one that's less likely to
roll over in a crash, the National Highway Traffic
Safety Administration's five-star rollover resistance
ratings can be helpful.
Unfortunately, they
can also be very confusing. More...
June 16, 2004
The
Auto Channel.com, "Brose
North America Launches Power Window Consumer
Awareness Campaign Educates public on importance
of power window safety in vehicles"
Brose
North America, Inc., has launched a national
consumer awareness advertising campaign and Web
site (http://www.window-safety.com/ ) focused
on power window safety. The "Do You Protect
What You Value Most?" advertisements educate
consumers on the potential dangers of power windows
in vehicles, and inform them of anti-trap technology
currently available in selected vehicles in North
America.
Vehicle power windows
can cause harm to children by closing with enough force to cause broken arms
or hands, and even lead to suffocation. Anti-trap technology can prevent such
accidents by monitoring window speed and direction by utilizing an indirect detection
system. If an object enters the path of the automatically closing window, the
contact with the object triggers the motor to reverse the direction. Although
this option is available, it is currently installed on less than 10 percent of
automobiles in the United States.
According to non-profit
safety organization Kids and Cars, since 1990 at least 35 children have been
killed and 500 people per year are treated in emergency rooms -- 50 percent of
which are children -- when power windows have closed on them. The organization
states that within the past 67 days, six children have been killed in the United
States as a result of power window accidents.
June 16, 2004
Tampa
Bay News 10, "Power Window Dangers"
Bevin
Maynard is the Childrens Safety Advocate
at St. Josephs Childrens Hospital
in Tampa, and can demonstrate just how much power
there is in a vehicles power window. She
takes a pair of carrots, and flicks the power
window up. Just as the windows hit the top, the
carrots snap.
And sometimes the outcome
is fatal. On May 2, 1998, 2-year-old MacKenzie Dufresne was left alone in her
mothers car for just a few seconds. Her mother turned the key to auxiliary,
so the toddler could listen to a Barney tape.
The child apparently stepped
on a toggle switch, and rolled the window up on her neck, strangling and killing
her.
Mary Kay Staver hopes
her story will convince other parents to be extremely careful with toddlers in
the car. Safety advocates warn never leave a child alone for even a split second.
General
Motors says the addition of its stability enhancement
system to 15-passenger vans is preventing accidents.
The assertions come at a time when the National
Highway Traffic Safety Administration is restating
its warning of the rollover risk of 15-passenger
vans. More...
June 9, 2004
Associated
Press, "Two die in pickup-trailer
rollover"
A
pickup carrying four members of a family and
hauling a loaded horse trailer went out of control
and rolled on Interstate 80, killing the two
parents and injuring their two children.
Killed in the wreck 30
miles east of Rock Springs, Wyoming were Kimberly Perryman, 37, and Harold Perryman,
38, both of Weston, Idaho, according to the state Highway Patrol.
The patrol said the Ford
F-250 pickup, driven by Kimberly Perryman, was pulling a horse trailer loaded
with five horses and eastbound when it drifted onto the right shoulder. The driver
overcorrected to the left, causing the driver to lose control, the patrol said.
Kimberly and Harold Perryman were both ejected during the ensuing rollover.
In
Metro Detroit and across the country, fears about
the stability and safety of 15-passenger vans
have prompted owners churches, child-care centers
and white-water rafting operators to rip out
seats, arrange special driver training and even
install dual rear wheels. Some owners have gone
a step further, trading in the vans for small
school buses and other vehicles. More...
Three
people from Tehachapi and Rosamond died in two
separate weekend crashes on Highway 58 after
tread came off tires on the vehicles in which
they were riding, officials said Monday.
Tehachapi residents John
Paul Verstraeten, 24, and Jessica Cristanelli, 20, were fatally injured Saturday
afternoon just east of Bakersfield, California when their westbound sport utility
vehicle overturned on Highway 58 after the tread came off the right front tire,
California Highway Patrol officials said. More...
The
rear-wheel-drive version of the Ford Explorer,
the nation's best-selling sport utility vehicle,
tipped up on two wheels during a rollover test
performed by the government, according to results
released Monday. The news comes less than a week
after a woman paralyzed in an Explorer rollover
accident won a $369 million judgment against
the Ford Motor Company.
The government said
three other popular S.U.V.'s tipped during tests: the Chevrolet Tahoe and the
GMC Yukon, both by General Motors, as well as the rear-wheel-drive version of
the Mercury Mountaineer, also made by Ford. The extended cab version of a pickup
truck made by Toyota, the Tacoma, also tipped up on two wheels. More...
The
$369 million in damages slapped on Ford Motor
in an Explorer rollover case by plaintiff Benetta
Buell-Wilson last week may expose it to more
legal setbacks and highlight the automaker's
inability to put one of the worst crises in its
100-year history behind it, experts said. The
awards by a California jury are among the largest
ever in a single lawsuit against Ford and mark
its first loss after 11 victories in rollover
cases focusing on the safety of America's best-selling
sport utility vehicle. More...
A
San Diego, California jury added $246 million
in punitive damages to the $122 million the panel
had awarded in compensatory damages to a woman
paralyzed by a rollover accident in her Ford
Explorer. The plaintiff's lawyers in the case
said the verdict against Ford Motor Co. was the
first in which a jury decided that poor design
of the Explorer caused injuries in rollover crashes.
The combined monetary award totaling $368 million
is the second-largest verdict against an automaker. More...
June 3, 2004
AFP, "Jury
award in Ford Explorer rollover crash tops
350 million dollars"
A
San Diego, California jury ordered Ford Motor
Company to pay a woman paralyzed in a Ford Explorer
SUV crash 246 million dollars in punitive damages
after handing the automaker its first courtroom
defeat involving its flagship sport utility vehicle.
It marked Ford's
first loss in nearly a dozen cases involving SUV accidents that have gone to
trial challenging the safety of the nation's best-selling SUV. The company said
it would appeal.
Benetta Buell-Wilson,
a mother of two, swerved to avoid an object on the road and her 1997 Explorer
flipped over, according to testimony. The vehicle's roof caved in, breaking the
woman's spinal column.
Plaintiff's lawyers
charged that that Ford ignored the advice of engineers and designed the Explorer
with safety flaws that make the vehicle prone to roll over.
A
San Diego, California jury ordered Ford Motor
Co. to pay at least $122 million to a woman paralyzed
in an SUV rollover accident, the first setback
in a string of lawsuits involving the Ford Explorer,
the nation's best-selling sport-utility vehicle.
The final award could be much higher. The award
issued late Tuesday covered only compensatory
damages. The jury began deliberations Wednesday
on punitive damages. Ford said it will appeal. More...
Federal
regulators released a report yesterday that raised
new questions about the stability of 15-passenger
vans and how they are used. The report comes
two days after three members of a Bronx church
group were killed and nine were injured in the
rollover of a large van at the Canadian border.
Regulators also issued
their third consumer advisory on large vans in four years yesterday. One of the
report's principal findings was that large vans handle similarly to large sport
utility vehicles when lightly loaded. But when filled with passengers, or driven
above 50 miles an hour, the vehicles become substantially more unstable than
S.U.V.'s or pickup trucks. Large vans are five times more likely to roll over
when filled than when only the driver is in the vehicle, the report said. More...
June 2, 2004
The
Wall Street Journal, "Government
Issues New Warning on Vans"
Federal
Regulators issued a new safety warning on 15-passenger
vans, a popular form of transportation for summer
outings.
Yesterday, the National
Highway Traffic Safety Administration said that with every seat filled, a 15-seat
van is five times as likely to roll over as a van containing just the driver.
Federal regulators have raised concerns for years about the safety of 15-seat
passenger vans, which are often used by church groups and college sports teams.
But the new warning, which comes just as parents are about to pack their kids
off to summer camp, shows far greater risks than previous government research
suggested.
The latest warning
comes just two days after three members of a New York City church group were
killed when their van crashed as they were returning from a conference in Toronto.
Nine other passengers in the van were injured.
From 1990 to 2002,
more than 1,500 15-seat vans were involved in fatal crashes, resulting in the
deaths of more than 1,100 people, NHTSA says. Almost 350 of those accidents involved
rollovers.
May 31, 2004
New
York Daily News, "N.Y. church mourns
accident victims"
A
steel coffee mug lodged under the brake pedal
of a van carrying a Bronx church group home from
Canada, causing the horrific crash that killed
three beloved congregants, authorities said Monday
night. "It's sticking! It's sticking!" driver
Royston Williams screamed as he desperately tried
to slam on the brakes of the packed van hurtling
toward a Canadian toll plaza barrier Sunday night.
The van from the
Gospel Assembly Church of Jesus Christ slammed into the barrier and flipped on
its roof. Then it skidded windshield-first into another metal and steel barrier
- killing church deacon Williams and two passengers, authorities said. The van
was approaching the Lewiston-Queenston Bridge, which would take the riders from
Ontario to New York State on a straight stretch of road with light traffic and
clear weather.
Two off-duty firefighters were being touted as heroes Saturday after pulling a trapped woman from a burning vehicle with just seconds to spare. More...
May 25, 2004
Lexington
Herald-Leader, "Ford pays
$37.5 million in 1995 Kentucky crash"
Ford
Motor Co. has paid $37.5 million stemming from
the deadly 1995 crash of a 15-passenger van.
That is nearly double the original award. The
additional amount was created by interest and
delayed damage penalties on the $20 million verdict
issued by a Scott County jury in 1999.
The Kentucky Supreme Court
last month declined to hear an appeal brought by Ford. That decision let stand
a 2003 state appeals court ruling that upheld the original verdict. The wreck
happened on Interstate 75 in August 1995 as 15 adults and children in a Ford
van were headed to the U.S. Pony Clubs festival at the Kentucky Horse Park. A
car sideswiped the van near the park, and the van slid off the highway and rolled
31/2 times. Three died in the wreck.
The plaintiffs argued
that the van had design flaws that made it prone to rolling over. Ford first
successfully appealed the 1999 verdict. In 2001, the appeals court ordered a
new trial after agreeing with Ford that plaintiffs were allowed to strike too
many jurors during selection. But the state Supreme Court reversed that appellate
decision and sent the case back to Despite warnings from the National Highway
Transportation Safety Association, 15-passenger vans remain popular with athletics
teams and church groups.
May 25, 2004
The
San Francisco Chronicle, "Porsche,
Volkswagen recall thousands of SUVs over
potential rear seat belt fault"
Porsche
is recalling more than 40,000 Cayenne sport utility
vehicles worldwide and rival Volkswagen recalled
some 60,000 of its Touareg SUVs to check for
potential faults in rear seat belts. About 1,000
of the faulty parts were installed in the Cayenne
and Touareg vehicles, Volkswagen spokesman Alexander
Skibbe said Tuesday. Porsche said its recall
affects Cayenne, Cayenne S and Cayenne Turbo
models manufactured between Oct. 1, 2002 and
Dec. 17, 2003 -- a total of 40,848 vehicles.
The worldwide Volkswagen recall affects all Touareg
models made in the same period.
May 24, 2004
Broward
Daily Business Review, Litigation Review
The
estate of a 34-year-old man who was ejected and
killed when the SUV he was riding in rolled over,
settled its product liability suit for an undisclosed
amount.
Scott Bowden was
a passenger in a 1999 Chevrolet Tahoe that was traveling along Florida's Turnpike
in Osceola County when the tires separated, causing it to roll over and eject
Bowden, who died of blunt-force trauma to the head.
His estate alleged
that the Tahoe's door latch gave way due to defective design; that the BF Goodrich
Long Trail tires that separated were not properly tested by Michelin, which manufactured
them; and that Rahal Chevrolet-Buick Inc., which sold and inspected the vehicle,
negligently inspected the tires 30 days earlier.
General
Motors' sport utility vehicles generally have
poor ratings in the government's frontal crash
tests but perform well in side-impact crashes,
according to results released Wednesday.
The 2004 Chevrolet Trailblazer,
Buick Rainier, GMC Envoy, GMC Envoy XUV and Oldsmobile Bravada each earned three
out of five stars in the National Highway Traffic Safety Administration's frontal
crash tests. But they earned five stars on the side-impact tests. Three stars
means there is a 21 percent to 35 percent chance of serious injury in a similar
real-world crash. NHTSA conducts the front-impact test at 35 mph and the side-impact
test at 38.5 mph. More...
Deborah
Seliner says she does not remember the accident,
just one moment when she was driving her used
1997 Ford pickup along Highway 6 near College
Station and the next moment when she was in the
dark carrying on a conversation with someone
she decided was God. She was begging him, "God,
please, if that is you, let me live for my babies." Her
truck, she found later, had blown a rear tire,
sending her off the road onto a grassy divider.
The truck rolled over, ejecting her, even though
she had apparently been wearing a seat belt,
through the open driver's side door and hurling
her 20 yards onto the pavement. More...
May 2, 2004
The
Detroit News, "Ford dismissed
call to fix latch; Automaker Shuns Its Own
Engineers' Report to Recall 4.1 Million Trucks,
Suvs"
Ford
Motor Co. overruled its own safety engineers'
recommendation to recall up to 4.1 million pickups
and sport utility vehicles that were found to
have substandard door latches, according to internal
company documents that have surfaced in recent
court cases. A Ford safety engineering team determined
in March 2000 that door latches on certain 1997-2000
model light trucks including popular F-150, F-250,
Expedition and Lincoln Navigator models didn't
meet federal safety standards, the documents
show.
Ford ordered immediate
design changes for future vehicles. But the automaker decided against a recall
which could have cost up to $527 million after the company determined the latches
could pass a rarely used alternative compliance test. The decision could haunt
Ford, which now faces a slew of product liability lawsuits stemming from fatal
accidents where vehicle doors flew open and plaintiffs' lawyers are blaming latch
failure.
Federal safety officials,
meanwhile, are reviewing allegations that Ford skirted federal laws by failing
to recall the 4.1 million vehicles and alert the National Highway Traffic Safety
Administration of the latch issue. Ford maintains the door latches are safe and
in compliance with federal laws.
April 20, 2004
The
Wall Street Journal, "U.S. May Set
Criteria For Seat Belts in Rollovers"
The
National Highway Traffic Safety Administration
is looking at establishing a performance requirement
for seat belts in rollover crashes. Currently
there are none.
Mr. Tyson's comments came
in response to a new report from Public Citizen charging that seat belts aren't
adequately protecting people in rollovers. Some 2,000 belted occupants are dying
in rollover crashes a year, with about half of them partially ejected from the
vehicle, the report says. The primary benefit of a seat belt in rollovers is
to prevent ejection. The report blames poorly designed and performing seat belts.
The Public Citizen report
comes as it and other consumer-safety groups are trying to keep pressure on Congress
to enact new auto-safety measures as part of the massive highway bill. The Senate
version of the bill included numerous safety provisions, such as new standards
for roof-crush and seat-belt performance in rollovers. Joan Claybrook, president
of Public Citizen and a former NHTSA administrator, said rollovers should be
highly survivable crashes, because the force is spread out over several seconds,
compared with the quick smash in, say, a frontal collision. But because of antiquated
roof-crush standards and poorly designed seat belts, they have become a particularly
lethal type of crash. Rollovers account for 3% of accidents, but one-third of
occupant fatalities.
April 19, 2004
The
Wall Street Journal, "Study Finds
Midsize Cars Are Unsafe if Broadsided by
SUVs"
An
influential car-safety study released last night
shows that passengers in 10 of 13 midsize cars
would be seriously injured if broadsided by a
sport-utility vehicle. The study, conducted by
the Insurance Institute for Highway Safety, may
well alarm consumers: These midsize cars are
among the most widely used, and the institute's
safety rankings hold significant sway among car
buyers.
For the auto industry,
the timing of the study couldn't be worse as it is likely to embolden efforts
by federal regulators to introduce sweeping new safety standards aimed at decreasing
the number of fatalities in side-impact crashes involving SUVs and cars. Only
Toyota Motor Co.'s Camry and Honda Motor Co.'s Accord, both with optional side
air bags, passed the institute's new side-impact crash test with a "good" rating.
An air-bag-equipped Chevrolet Malibu mustered an "acceptable" score.
None of the three cars passed when tested without side air bags. Seven other
cars also essentially flunked the test, which is more rigorous than the current
government side-impact test.
"What it shows is
that the mismatch between trucks and SUVs and