Each year hundreds of people are killed or injured in 15-passenger van rollover accidents.
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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