Wichita Case

Although several lawsuits had been settled out of court by 2002, the first U. S. case to go to trial concerned the fatal rollover crash of a 15-passenger van in Wichita Falls, Texas, and was tried in the 78th District Court. The lawsuit filed against DaimlerChrysler and Michelin was for the wrongful deaths of four persons and the serious, permanent injury of eight others.

The Crash

The van, carrying members of the First Assembly of God Church of Burkburnett, Texas lost control as the result of a blown tire, rolled over and crashed on May 8, 2001.

The crash happened just a few weeks after the NHTSA issued its second advisory warning that 15-passenger vans are unstable and unsafe.

The Lawsuit

The lawsuit claimed that DaimlerChrysler knew that its 15-passenger van demonstrated an increased rollover risk under emergency conditions. It also charged that DaimlerChrysler failed to give sufficient warnings and instructions about foreseeable dangers such as tire failure or possible loss of control. It also alleged that the Michelin tires were not properly vulcanized, nor did their design include decent mechanisms to prevent tire detreading.

When a motion filed by Michelin to bar the public from the courtroom and put a gag order on the jury, was turned down, they chose to settle out of court rather than risk allowing critical documents concerning the safety of the tires be disclosed in the courtroom.

The settlement compensated the surviving victims and families of the deceased for all medical expenses, loss of past and future earning capacity, compensation for physical impairment, pain, mental anguish and other extenuating losses.

Enterprise Lawsuit

Another significant lawsuit was filed against Ford Motors and Enterprise Rent-a-Car regarding the 2002 Ford Econoline E-350 which was rented from Enterprise on March 28, 2003. Fourteen passengers met to attend a religious retreat. As the van rounded a curve in the road, the driver lost control and the van rolled over several times. Five passengers were killed and the others seriously injured in the crash.

Allegations were that Ford Econoline E-350 vans contain design and manufacturing flaws such as a high center of gravity and inadequately designed wheel base which cause a greater likelihood of a rollover in emergency maneuvers. Plaintiffs also alleged that these vans have inadequate crash protection. This was also settled out of court.

Future Lawsuits

The fact is, Ford, Chrysler, General Motors and other manufacturers know that the dangers of these vans, but prefer to settle case by case rather than get involved in a pricey recall.

As a result, hundreds, maybe thousands, of innocent people will lose their lives as these vans continue to be used on the highways.

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What is a 15-passenger van?
A 15-passenger van looks like an ordinary van, but is 4 to 5 1/2 feet longer, extending over the rear wheels. Capacity is for up to 15-passengers.

Are 15-passenger vans safe?
Extensive studies by the National Highway Transportation Safety Administration indicate that 15-passenger vans, especially when carrying over 10 passengers are more likely to fishtail and roll over in an emergency situation such as swerving to avoid an obstacle on the road.

Why are they so unsafe?
The main problem with 15-passenger vans is their center of gravity is higher than in most other vehicles which throws off their balance, especially when they are filled to capacity. Things that can also help tip this center of balance are carrying luggage on top and tires that are not in top condition. Inexperienced drivers who do not know how to react in an emergency situation can accelerate risk.

Can anything be done to make them safer?
There are modifications that can be made to existing vans, such as adding additional rear wheels that will help its stability. However, these modifications should be made by the manufacturer who is already familiar with the mechanisms and shortcomings of these vans.

Can anyone drive a 15-passenger van?
Although you’ll want to check the driver’s guidelines for your state or province, most vans can be operated by anyone with a basic driver’s license. Some states may require previous (usually two years) driving experience with any type of vehicle. As the dangers of these vans become more widely known, many agencies are providing additional training for their drivers.

Have there ever been any recalls on 15-passenger vans?
No. Most major manufacturers would prefer to settle rather than recall several years’ worth of models. As a result, more innocent victims will lose their lives each year.

Who manufactures 15-passenger vans?
Although many manufacturers make 15-passenger vans, most of the accidents have been in models made by Ford, Chrysler and General Motors.

Are 15-passenger vans used in day cares and schools?
Not any more. After the National Highway Transportation Safety Administration began issuing warnings about the dangers of these vehicles, most states and provinces made it illegal to use 15-passenger vans for children under 18. However, colleges, churches and tour groups continue to use them regularly.

If I have to use a 15-passenger van, how can I be safe?
Driver awareness is always the most important. Don’t drive while fatigued, and if possible avoid driving at night when sight is limited. Never speed; this is even more important in a van than in a smaller car. Keep the van well maintained. Check tires for wear and pressure regularly.

What kinds of accidents are most common with these vans?
Single vehicle rollovers are one of the most common accidents with these vans.

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However, statistics are not always consistent. While the National Highway Traffic Safety Administration (NHTSA) claims that fatalities have declined 35% since 2001 when these advisories began, a study by Whitfield Quality Control Systems states that this is erroneous–that there are even more fatal accidents today than in the past.

The following are some of the significant findings regarding the safety of 15-passenger vans:

The National Highway Traffic Safety Administration (NHTSA) has been involved in some of the key research concerning these vans. Their research indicates that:

• Risk of rollovers increases significantly when 10 or more passengers ride in a 15–passenger van.
• Wearing a seatbelt greatly increases the chances of survival. Passengers and drivers should ALWAYS buckle up.
• Roofs are inadequately reinforced. Even when passengers are wearing seat belts, they will not satisfactorily prevent massive crushing that results in death, traumatic brain injuries or severed spinal cords.
• Vans should be operated only by well-trained drivers who understand the handling mechanisms of these vehicles, especially when fully loaded.
• Any load on the roof will be above the center of gravity and increase the possibility of a rollover in an emergency maneuver.
• Speed plays a role in many accidents. Approximately 25% of all accidents are the result of excessive speed. In 15-passenger vans, this is even more significant as speeds that may be acceptable in a smaller passenger car can be highly dangerous in these vans.

One study also indicated the importance of tire safety. Because of the extra weight these vans often carry, there is more than usual wear and tear on the tires. Tires should be checked at least once a month for signs of wear, overinflation or underinflation.

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These vans are manufactured and sold by General Motors, Chrysler Corporation and Ford Motor Company. Estimates state that there are approximated 1.5 million of these vans on the highways.

Cases involving accidents with 15-passenger vans are filed in state courts, and must be filed within that state’s statute of limitations. Cases will need to be investigated so it’s important if you think you have a case, you should seek out an attorney as soon as possible.

The Investigation

Your lawyer will want to determine if the accident was because of a design flaw. Since 15-passenger vans have a high center of gravity, they are more prone to rollovers, and are more difficult to control in emergency situations, especially when filled to capacity.

The van itself will be crucial evidence in an investigation and will need to be retrieved to help determine if a design flaw contributed to the accident

Filing the Complaint

If your attorney determines that you have a case against one of the manufacturers of a 15-passenger van, they will prepare a complaint naming that company as a defendant and file it in state court. The defendant typically has 30 days to respond. A hearing is then held to discuss motions and establish a schedule.

Discovery

During the discovery phase, each side will question the other and gather evidence. Both sides share with each other whatever evidence they plan to bring to trial.

The victim and any witnesses will be asked to give statements under oath called depositions. They will asked to give information regarding the case and any memories they have of the accident. If there were witnesses at the scene, they may also be asked to provide information. These depositions can be made anywhere–they don’t have to be in court, but may be in some neutral location.

Settlement Negotiations

In most cases, the parties involved will try to enter negotiations to see if a financial settlement can be reached without going to trial. If a fair settlement is offered, the victim is advised to accept it. Though every situation is unique, settlements are often in the six and seven figures.

If your attorney feels you are not being offered a fair settlement, you will have to decide whether or not to take the case to trial. There are both pros and cons to moving onto the trial stage and you will want to carefully assess what is the right decision for you. If you decide against a trail, the case will be settled for the compensation offered and once it is paid, no further claims may be brought against the defendants.

Trial

If you are not offered a satisfactory settlement, it will then be for a jury to decide. The lawyer will attempt to convince the jury that the accident was the result of a design flaw by the manufacturer. The defendant will likely try to place the blame elsewhere such as driver incompetence.

Before moving ahead with a trial, both the attorney and victim should have a strong certainty that the damages being sought are reasonable and they have a strong case.

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Assess the scene

• Secure the area.
• Recruit someone to help direct traffic and warn traffic of the accident.
• Be sure to let others know if there are hazards on the highway such as fuel leaks or downed power lines.
• Warn smokers to not light up until they are clear of the scene.

Assess the needs of survivors

• Check for survivors and call 911. Be sure to let them know how many injured people there are and how serious the injuries. Also, how many vehicles are involved and the location.

Tend to survivors

Survivors will most likely be scared and confused. Reassure them as you look for injuries. Tell them your name and that an ambulance is on the way. The following are some of the things to look for if the victims are conscious:

• Shock: Ask them who they are? Do they know where they are? What time of year or day is it?
• If the victim is unconscious, lay him in the coma position–straight out, but consider that there may be head or spinal injuries so DO NOT MOVE THE HEAD, although you may want to gently support it until help arrives.
• If the victim is conscious, get as much information from her as possible. This will help ER when they get to the scene, especially if the victim loses consciousness while waiting for help to arrive.

Many traffic schools recommend the

AMPLE assessment:

A: Allergies: Does the victim have any allergies?
M: Medications: Ask if they are taking any medications or street drugs?
P: Past. What is your past medical history?
L: Last meal. When was the last meal?
E: Events. What were the events leading up to the accident? What do they remember about the accident itself? The more information the paramedics have, the better they will be able to assess injuries and treat the victims.

Other signs of injury

Are there signs of serious bleeding? If so:

• Lay the person down
• Elevate the legs
• Loosen clothing and make the person as comfortable as possible
• Reassure them
• Speak calmly and assuredly
• Apply pressure to the wound until help arrives.

Motorcycle Accidents

If the accident involves a motorcyclist, never remove the helmet unless absolutely necessary. Some reasons to remove it would be if the victim is having trouble breathing and needs CPR or if they are vomiting and could choke. 

The procedure for removing a helmet in emergency conditions requires two people and is as follows:

• One person should be to the side of the head, and the other person should be directly behind the victim stabilizing his head 
• Remove the victim’s glasses and cut or unbuckle the chinstrap 
• The person on the side supports the victim’s head by placing hand at the base of the skull (not on the helmet) 
• Put the other hand on the chin/jaw bone 
• Keep some tension so when the other person pulls the helmet off, the victim’s head doesn’t fall.

The person behind the head needs to slowly pull the helmet directly back and off the head, taking care to not catch the nose, ears or any jewelry the victim may be wearing. Once the helmet is off, put something under the head to keep it supported at the same elevation. Don’t let go and let the head drop!

HELMET REMOVAL SHOULD ONLY BE A LAST RESORT!

When the ambulance arrives

When EMTs arrive on the scene, give them as much information as possible, but be prepared to step back and let them take over. Be sure you give them an honest assessment including whether you think drugs or alcohol were involved.

If you are asked to leave, don’t argue. EMTs have a challenging job and their first concern will be the safety and survival of the victims.

It’s a good idea for everyone to have some basic CPR as you never know when you’ll be confronted with an emergency situation. Your local red cross, hospital or community clinic should be able to provide information on classes. Often these classes are free or of nominal charge.

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If so, your life has been changed forever. You understand how in a moment, nothing will ever be the same again. You, no doubt, feel traumatized and devastated. 

However, you should act quickly if you think your accident might have been prevented with a safer vehicle. Many states have a statute of limitations during which time you can file a lawsuit. This could be anywhere from a few months to two or three years.

In spite of numerous warnings, many of these vans remain on our freeways and highways. Some of the major makers of these vans such as Ford, GM and Dodge would rather settle lawsuits than recall these dangerous vans. As a result, unnecessary deaths and injuries continue to occur each year.
There are resources to help you cope and to seek damages if necessary.

Fifteen-passenger vans are among the most dangerous vehicles on the road and many accidents might be avoided were more precautions taken. If you think your accident might have been because of:

• Negligence on the part of the driver or lack of proper training for handling these precarious vans
• A mechanical defect or faulty tires
• Poor road conditions
• Traffic lights that were not working properly

Then you might want to consult with a personal injury attorney about whether or not you have a case. 

You’ll also want to find emotional or psychological help. Talk to a clergyman or minister. Find a therapist who is experienced with grief and trauma counseling.

Social networking can also help you during this time. Others have been through similar experiences and you’re not alone. Since 1990 over 400 people, many of them young children, have lost their lives as a result of a single-vehicle rollover. The website Van Angels was developed by families of victims in 15-passenger van accidents. Other places to go for help are:

• Churches or religious organizations
• Grief support groups: your local mental health center may be able to give you information
• The Internet
• Schools and community colleges
• Family and friends

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• Ideally the driver should be experienced and trained in emergency maneuvers, especially in relationship to these vehicles. Some organizations suggest a minimum of five years driving with a clean record. Some organizations such as hotels and day care centers may offer special training in the handling of these vans. If they don’t, ask!
• Prepare ahead of time and make sure you are current on the latest developments with 15-passenger vans. Preparation is probably the single-most important thing you can do to avoid an accident. If there are any physical or mental conditions that may affect driving, make sure you offer full disclosure.
• Get regular safety checks. Tires should be checked once a month. Make sure they are properly inflated and that there are no serious signs of wear and tear.
• Always use seat belts and make sure that your passengers buckle up as well. You should also check your seat belts regularly to make sure they are working properly.
• If possible, avoid driving late at night or during inclement weather when visibility is low.
• Extra precautions should be taken when driving on wet or icy roads or on rural back roads with lots of curves.
• Don’t allow drivers to drive long-distances. Have an alternate driver to take shifts.
• Vehicles should be inspected twice a year or every 5000 miles–whichever comes first.
• Limit passengers to ten or less, plus the driver–even though more will fit. Overloaded vans or vans filled to capacity are more likely to roll over during emergency maneuvers.
• Make sure there is a working cell phone in the van, but the driver should never use it while driving.
• Regular check ups are essential. Always make sure the windshield wipers, brakes and lights are in good working order.
• Obey all traffic rules–don’t speed!
• Never drink or use drugs and drive!

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Regardless of statistics, the fact remains that there are still many unsafe 15-passenger vans on the road. Each year more lives are lost in accidents that might have been avoided in a more stable vehicle.

Why are these vans so deadly?

• The center of balance is off. When these vans were designed, they were simply extended in the rear, so when they are fully loaded to capacity, the center of gravity shifts significantly upward and to the rear. In an emergency maneuver, the van is extremely hard to handle. Fishtailing is common and the driver can easily loose control causing the van to overturn.
• A number of these vans have been found with mis-inflated and/or bald tires as well. Wear and tear on tires seems to be more extreme on 15-passenger vans than on other passenger vehicles, probably because of the heavy loads they carry. Tire safety is essential for these types of vans. If even one tire is bald, overinflated or underinflated, it substantially increases the risk of an accident.
• The fuller the van, the higher the risk of the van losing control and rolling over in an emergency maneuver.
• Drivers don’t need a school bus license to drive a 15-passenger van so the chances of having an inexperienced driver who is unaware of the maneuverability issues of these vans is greater.

Who sells these vans?

Ford sells most of the 15-passenger vans in the U.S. These include models of the Ford E-Series, the Ford 350, Club Wagon E350, and the Ford Econoline. Other makes include the Dodge Ram Wagon B350 and Ram Van/Wagon B3500, the Chevrolet Express 3500, the GMC Savana 3500, and Rally/Vandura G3500.

If you have been involved in an accident and want to speak to a lawyer, fill out the form to the right and someone will contact you.

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Overinflation can also be an issue. Another study by the same researchers showed that 23 % of 15-passenger vans had at least one tire that was overinflated by 25 % or more as compared to 18% of other vans. The same study indicated that 6% had at least one tire overinflated past the maximum pressure recommendation as compared to 8% of other vans.

Proper tire care is crucial to vehicle safety!

It improves handling in emergency situations, saves fuel and increases tire life. Good tire maintenance also helps prevent blowouts, which can result in loss of control of the van.

Low tire pressure can cause other problems as well. If you are driving on wet or icy surfaces, it may make it more difficult to stop, increase the stopping distance and increase the chance of hydroplaning.

Wear and tear appears to be more pronounced in 15-passenger vans than in other passenger vehicles. The study also found that 4% of the vans had tires that showed signs of wear and tear such as aging or weather damage. It also showed that 6% had at least one bald tire.

The study concludes that “a very high percentage of large vans have significantly underinflated tires, a much larger percentage than passenger cars.” They suggest that this is because of the type of conditions under which these vans are used: transporting children and large groups of people. They also expressed concern over inexperienced drivers and that there is a need for greater tire safety awareness in relation to these vans.

Another suggested countermeasure is to integrate a tire pressure monitoring system.

Raising public awareness about the role of tires in the safe operation of 15-passenger vans will go along distance toward improving their safety. However, many accidents still result from a failure to properly maintain tires on these vehicles. To be certain your vehicle is safe, check each tire, including the spare, monthly when cold and set to the recommended inflation pressure as specified on the vehicle placard and in the owner’s manual.

If you have been involved in an accident and think that poor tires may have been at fault, you may want to contact an attorney. Don’t hesitate as most states have a statute of limitations after which time you can no longer file a claim.

If you need assistance finding an attorney, please fill out the form and someone will contact you.

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They are used because they’re convenient and because people are unaware of the dangers. As a result, many innocent victims are killed or injured in accidents that might have been avoided if they were riding in safer transportation.

The following 15-passenger vans are the ones most commonly involved in accidents:

• Ford Motor Company, models E350 and Club Wagon E350
• Dodge Ram Wagon B350 and Ram Van Wagon B3500 (produced by Chrysler)
• Chevrolet Express, 3500 (produced by General Motors)
• The GMC Savana and the Rally/Vandura G3500

The same flaws exist in all 15-passenger vans so regardless of the make or model, these vans are basically one of the most unsafe vehicles on the highways.

Do I Need an Attorney?

If you or a loved one has been in an accident while riding in a 15-passenger van, you may want to contact an attorney to see if you can file for damages. Most attorneys offer free consultations and will be able to tell you in one interview whether or not you have a case.

Don’t wait!

Most states have a statute of limitations for automobile accidents during which time you can file a claim. Be sure to find out what the statue of limitations is for the state you live in.

An attorney will be able to help you determine:

• Who is liable 
• Establish the extent of damages
• Determine where to collect damages

If you do have a case, retrieving the van will be essential in gathering evidence of negligence resulting in injury or wrongful death.

What Kind of Attorney do I Need?

You need a personal injury lawyer. Personal injury lawyers have experience with automobile accidents and are adept at looking over your claim from all angles and determining whether or not you have a case. He or she will be able to assess who is responsible and will take care of all the details involved in organizing and presenting your case.

How do I Find a Good Attorney?

Word-of-mouth is always a good way to find a good attorney, but don’t let personal recommendations take the place of good research. Ask friends and co-workers. Browse your local paper. Use the internet.

Check to see if anyone has written a recommendation on this lawyer. Interview at least three lawyers before making a decision. Go with your gut, but keep your senses. If you have recently been in an accident or lost a loved one, you are, no doubt, traumatized. You need a lawyer you can trust and who will have your best interests at heart.

What will it Cost?

Many personal injury lawyers work on a contingency basis. They are paid a percentage of the settlement. You should be sure beforehand whether or not there will be fees if they do not win the case. Some lawyers will accept terms where they are paid a percentage ONLY if they win the case. Percentages typically run between 30-40 percent.

Your attorney will give you a detailed agreement to read before taking on your case. Be sure to read it carefully and to ask for clarification on points you don’t understand. A good attorney will take the time to make sure you are completely clear on all the details.

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