Defective Vehicle and Car Seat Back Attorneys
15 Passenger Van Rollover Accident Lawyers
Like SUVs, 15-Passenger Vans pose a serious risk of rollover accidents. Ironically, the risk of rollover increases as vehicle occupancy increases; a 15-Passenger Van fully loaded with 15 passengers poses the most serious safety threat of all, although the vans are marketed and sold for just this occupancy load.
Increased Risk
NHTSA has studied the rollover risk of various passenger vans, and has issued warnings about the risks, including the fact that fully loading the vans increases the likelihood of a rollover. One study noted that fewer than five passengers resulted in rollover in approximately 12% of van accidents. Five to nine passengers resulted in overturning approximately 20% of the time. The number increased to 29% with 10-15 passengers. Most concerning is that statistic that vans with more than 15 occupants rolled over 70% of the time in the event of an accident, collision, tire blowout, sharp swerve or sudden maneuver. A Fatality Analysis Reporting System (FARS) report analyzing 15-passenger van rollover accidents reported that these incidents killed six out of every 10 persons riding in the van, despite the use of car seat belts. NTSB reports that passenger vans overturn more than half the time they are involved in single-vehicle crashes, and are involved in single-vehicle crashes more often than other vehicles
Innocent Victims
This state of affairs is particularly alarming when one considers how often these kinds of vans are used to transport young children to and from day care and other group activities. Newspapers are full of tragic stories of overturned vans filled with innocent victims from schools, church groups, sports activities, day camp, elderly housing, etc.
The Cause of the Problem
The vans' high center of gravity shifts up and moves toward the rear as occupancy increases, which in turn increases the likelihood that the rear wheels will slide and fishtail in the event of, swerve, blowout, skid, or other emergency steering or accident situation. The high center of gravity and top heavy design increase the likelihood of a rollover in the event of the rear tires fishtailing.
This design defect stems from the very conception of the passenger van, which was a rather simple modification of a cargo van. Seats, windows and doors were simply added to the former cargo area without modifying the wheelbase or making other safety accommodations. Not only does the wheelbase increase the likelihood of the van overturning, but the failure of automakers to add other accommodations for passenger safety means that if the van does overturn, then roof collapse, unpadded interior surfaces, windows that don't hold up under impact (increasing the likelihood of passenger ejections), no rear escape doors, and other missing safety features, all mean increased likelihood of injury and death in an accident.
General Motors (GMC van) lengthened the wheel base when they expanded the 12-passenger design to accommodate 15 passengers, but they did not bother to make other accommodations even though they are well aware that vans experience more rollovers and more occupant ejections. Ford's own engineers recommended the addition of a second set of rear wheels to counteract the fishtailing problem.
NHTSA Warnings
On April 9, 2001, NHTSA issued a "cautionary warning" that 15-passenger vans faced an increased risk of rollover. It suggested that experienced drivers operate the vans and that all passengers should be required to wear seatbelts to reduce the risk of being thrown from the van in the event of an accident. The warning was issued again a year later after more fatal crashes. Finally at the end of 2002, the NTSB wrote to both Ford and General Motors recommending that 15-passenger vans be tested for their rollover risk.
Warnings
Between 1999 and 2001, GuideOne Insurance policyholders filed claims totaling $4.3 million for lethal van crashes. GuideOne responded with a warning to its customers: ". . . GuideOne believes that 15-passenger vans are inherently unsafe. We highly encourage all policyholders to strongly consider other transportation options."
Solutions
The current design of 15-passenger vans is defective in that the vans are unsafe when used for their intended purpose. The addition of a second set of rear wheels to stop fishtailing and minimize loss of control from tire failure - both of which lead to rollovers -- is a minimum requirement to make these vehicles safe. Careful engineering of wheel base size, padded doors and seating, rollover bars, stronger windows to prevent ejection, stronger body panels, and emergency exits are all measures that should be taken by automakers to ensure the safety and crash-worthiness of these currently dangerous and unsafe vehicles. To do anything less is to knowingly disregard the safety of the driving and riding public.
If you or someone you know has been involved in a passenger van accident or defective car seat accident, please call our van rollover and defective car seat back accident lawyers for more information.
The law firm of Levin, Papantonio, Thomas, Mitchell, Echsner & Proctor, P.A. has a long history of jury verdict awards and has been nationally recognized as one of the top firms in jury verdicts . Our attorneys specialize in product liability cases.
If you or a loved one has been harmed by a defective car seat back accident, please call or email our experienced 15-passenger van rollover and defective car seat back accident lawyers today. We'll evaluate your claim for free and help you get the justice you deserve.
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