http://www.yourlawyer.com/topics/overview/car_accidents Sat, 21 Nov 2009 04:52:00 -0800 pixel-app en http://www.yourlawyer.com/articles/read/15751 Mon, 29 Dec 2008 00:00:00 -0800 http://www.yourlawyer.com/articles/read/15751 car accidents.  According to a new report in Newsday, at least one million vehicle recalls have been linked to floor mats “that are poorly designed, improperly used, or both” over the past quarter century.

The most recently reported crash by Newsday involved a driver losing control of his vehicle because of a “bunched-up” floor mat that sent his vehicle into a storefront holiday party on Long Island injuring a number of people.  According to police, the mat in Theodore Saretsky’s BMW X3 became jammed beneath the brake and above the gas pedals.  Apparently, the driver was trying to brake, but because the mat was also pressing on the gas pedal, the car rammed into the Hanukkah party, injuring eight children—aged one through eight—and six adults.  A BMW spokesman—Tom Kowaleski—told Newsday that all BMWs are equipped with mats that contain Velcro that is supposed to firmly fasten the mat to the car’s floor.

Last year, AutoUnleashed, reported that there were approximately 40 complaints concerning all-weather floor-mats in certain vehicles not being secured and slipping under the acceleration pedal.  The problems caused eight crashes and injured 12 people at the time of the AutoUnleashed report, which noted that the problem involved floor mats sold with the Lexus ES 350 and the 2007/08 Toyota Camry.  The Lexus ES 350 poses a unique problem in that the vehicle is engaged via push-button ignition, said AutoUnleashed, which means it cannot be stopped by turning the key.

At the time, AutoUnleashed strongly suggested that owners of the Toyota Prius, Avalon, RAV4, and Tacoma check those floor mats as well.  AutoRecalls also reported that about 1,700 of certain models of the 2007 Mazda Speed 3 were recalled because certain vehicles were equipped with optional all-weather floor mats which provided “insufficient clearance between” the mat and the accelerator pedal and that this might cause the pedal to became stuck behind the mat resulting in improper deceleration and increasing crash risk.

The police have not confirmed to Newsday the type of floor mat involved in the holiday accident and if it was or was not properly fastened.  The driver was treated at a hospital and released; however, two children remain in critical, but stable condition at Long Island’s Nassau University Medical Center; three other children—all under five years of age—were treated and released from Winthrop-University Hospital, said Newsday.

Newsday explained that mat-related automobile accidents have resulted from a number of problems in mats made by a variety of makers, including pedals sticking to mats or mats “interfering” with one or more of the pedals.  Newsday noted that in 2006 a driver in Washington State was hurt when his car crashed into a ditch after the floor mat became wedged on the gas pedal.  Also that year, a boy was hospitalized and his sister died in Canada after their mother lost control of the car, said Newsday, which reported that police said the mat was most likely to blame.  In another mat-related accident, a truck—when the driver was attempting to back out of a parking spot—careened down a hill in Rhode Island and through a wall of a home, said Newsday.

]]> http://www.yourlawyer.com/articles/read/11589 Fri, 21 Apr 2006 00:00:00 -0700 http://www.yourlawyer.com/articles/read/11589
Some 241 drivers were taped as they operated the specially equipped vehicles in all types of driving situations. The remarkable video record showed drivers doing everything from eating, drinking, talking on cell phones, and putting on makeup, to looking away, retrieving objects, adjusting audio equipment and selecting and changing CDs. One driver was actually shown driving off the road as he fell asleep at the wheel.

While many of those periods of inattention were taking place or as they concluded, accidents or near-accidents occurred. The problem was not always the inattentive driver doing something like driving off the road or losing control of his or her vehicle, however.

Often, as the driver was distracted or was refocusing on driving, dangerous situations had developed immediately in front of his or her vehicle that could not be reacted to properly.

Some of the more chilling examples included a driver dialing a cell phone as a small child on a tricycle peddled out into the street in front of the car (luckily the driver looked up in time to stop), a driver looking up just as an out-of-control car came skidding into her lane (accident could not be avoided), and a driver being confronted by a vehicle that had come to a sudden stop (the inattentive driver in that case drove off the road and into a utility pole).

According to the report by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute, 80% of collisions and 65% of near-collisions occur within three seconds of some type of distraction.

The study recorded some 2 million miles of driving during which 82 collisions and 761 near-collisions occurred. Inattention occasioned by reading, dialing a hand-held device, or applying makeup tripled the risk of an accident or near-accident while reaching for a moving object increased that risk by 900%. Drowsiness had been thought o be a factor in 10% of collisions or near-collisions. The study revealed the risk to be far higher, at 22% (400% increased risk). Cell phone use was the most frequent distraction observed.

The researchers expressed concern over the fact that activities like eating, drinking, and retrieving objects were more risky than previously believed as well as the fact that the presence of new technologies has further compromised driver attention.
Even the shortest period of inattention or distraction can have serious consequences. Thus, the NHTSA emphasizes the need for drivers to remain alert at all times.

Young drivers (18 to 20) were found to be 400% more likely to be involved in attention-related accidents or near accidents as drivers over 35. They were also found to be more likely to use poor judgment, drive aggressively, or engage in distracted behavior in high-risk situations.

In terms of real-world examples of how a simple distraction can be catastrophic, one of the largest personal injury settlements on record came in a New York case where a tractor-trailer driver lost control of his rig as he reached for a water bottle on the floor.

The driver lost control of the truck, which then skidded off the roadway, overturned, and blocked the entire highway in the early morning hours and just over the crest of a hill.

A vacationing family in a mini-van could not avoid the overturned tractor-trailer and there was a terrible collision that left one child profoundly brain damaged and the rest of the family with devastating physical injuries. The case was handled by the law firm of Parker & Waichman, which negotiated a then New York record structured settlement worth a projected $78 million.       
]]> http://www.yourlawyer.com/articles/read/10954 Fri, 18 Nov 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/10954
Tami Martin did it and it changed her life forever.

"I thought I'd be married. I thought I'd have children, but everything changed just like that," Martin said.

Tami Martin has spent the last six years in a wheelchair. Her spine damaged in a car wreck.

Then 28 years old, Tami was riding in her mother's van, relaxed and reclined in the passenger seat, when their Ford Windstar struck a vehicle stopped in front of them. After that, Tami's independent go-getter life was gone.

"I didn't read the owner's manual. I was only worried about whether the radio was set. That's what's important to people, that's what they check out," Martin said.

A Jacksonville jury awarded Martin $17 million in damages, saying Ford knew of the dangers of riding in a reclined position when lap and shoulder belts can't function, but didn't properly warn people.

Ford is fighting the verdict.

Martin said she has offered to give half of the money back, if the automaker will put warning stickers on sun visors next to the warnings about airbag dangers. She said if she can get that done, being in her current condition will take on new meaning.

"I knew from the beginning, I'm a strong Christian and I knew God would use me to reach other people," Martin said.

However, with Ford keeping the case in court, it could take years for Martin to get any money.

A Ford spokesperson commented on the case saying, "this was a tragic accident caused when the driver fell asleep at the wheel and drove into a parked ambulance. The air bag deployed as it should have, but the passenger was reclined in her seat with her feet resting on the dashboard."

"We believe the jury's finding that Ford did not adequately warn against riding in this position is simply incorrect. We expect this verdict will be reversed on appeal," said Ford spokesman.

Martin said she will not give up though, she plans on taking her safety crusade all the way to Congress. She hopes to one day get the message out standing on her own two feet.

"I'm determined not to sit in a wheelchair for the rest of my life. I just want to help myself and other people."

Safety experts involved in the case explained reclining the seat is safe as long as the shoulder portion of the safety belt is still in contact with the person's body, any farther back and the person is at risk.
]]> http://www.yourlawyer.com/articles/read/10612 Wed, 31 Aug 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10612
Corrosion in the braking system has been blamed for more than 200 low-speed crashes.

A GM spokesman says the problem occurs when salt and other road grime gets into the area covering the antilock braking system sensor near the wheel hub. The problem activates the ABS at speeds much lower than normal, requiring a longer stopping distance.

The National Highway Traffic Safety Administration (NHTSA) describers the problem as an unwanted application of the antilock brake system; http://www.nhtsa.dot.gov/

An ongoing investigation was opened by NHTSA in late April of more than 1.2 million GM pickups and SUVs in 20 states because of questions about the antilock brakes.

ConsumerAffairs.Com has received complaints about the problems with GM antilock brakes since 2002 and GM says there have been 228 crashes reported through the end of May, including 10 minor injuries.]]> http://www.yourlawyer.com/articles/read/10611 Tue, 30 Aug 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10611
GM, the world’s largest automaker, said the recall involved the 1999-2002 model years of the Chevrolet Avalanche, Chevrolet Silverado, Chevrolet Tahoe, GMC Sierra, GMC Yukon and GMC Yukon XL.

In separate moves, Hyundai Motor Corp. issued a recall of the 2006 Sonata sedan, and the government announced an investigation of the 2002 Jeep Liberty.

The National Highway Traffic Safety Administration opened an investigation in late April of more than 1.2 million GM pickups and SUVs in 20 states because of questions over the antilock brakes. The investigation is pending.

GM spokesman Alan Adler said salt corrosion and road grime can wedge its way into a plastic piece that covers the ABS sensor near the wheel hub.

The corrosion leads the sensors to activate the ABS system at speeds of about 4 miles per hour to about 11 mph, requiring a longer stopping distance. The ABS system is generally started at speeds of 15 to 20 mph, Adler said.

GM said there have been 228 crashes reported through the end of May, including 10 minor injuries, the most recent data available. No fatalities have been reported.

The company recalled about 150,000 pickups in eastern Canada in November 2004 from the same model years because of the condition in the antilock brakes.

The recall involves less than 20 percent of the vehicles built during the four model years. The states include: Connecticut, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont and West Virginia.

Last spring, NHTSA said it was investigating the issue in the 14 states covered by the recall and six others: Delaware, Iowa, Maryland, Missouri, Minnesota and Wisconsin. The District of Columbia was also included in the investigation.

Adler said the company decided to issue the recall in the 14 states based upon incident rates. GM and the government have received more than 700 complaints about the problem.

A specific recall date has not been announced but the company will notify owners, who will be instructed to take their vehicles into dealerships to have the trucks repaired for free.

Hyundai, meanwhile, said it was recalling about 36,000 2006 Sonata sedans because of problems with the driver’s seat belt getting caught up with a knob used to recline the front seat. The problem was identified during tests by the Insurance Institute for Highway Safety.

Hyundai spokesman Miles Johnson said the company was conducting the recall “to ensure the quality and safety of our vehicles.”

NHTSA also said it was opening an investigation into the 2002 Jeep Liberty amid complaints about problems latching the seat belt buckle. The probe will involve more than 200,000 vehicles.

The government said it had received seven complaints from owners about the seat belt buckle, including problems securing the latch in the buckle.

Max Gates, a DaimlerChrysler AG spokesman, said the automaker would work with the agency during the investigation and identify any necessary actions.]]> http://www.yourlawyer.com/articles/read/10609 Mon, 29 Aug 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10609 Instead, last week, the administration suggested new fuel economy regulations or CAFE standards for sport utility vehicles, pickup trucks and vans, which they believe will save 10 billion gallons of gas in the next twenty years.

Environmentalists balked at the proposals since, "at best, they're proposing a system that will save a month's worth of gas," said David Friedman, an analyst at the Union of Concerned Scientists.

John D. Graham, who formerly did academic research financed by the auto industry which found lighter cars lead to fatalities, is a top official at the Office of Management and Budget and was involved in developing the new plan. He claimed that the CAFE standards would save fuel, reduce the unintended safety risks to motorists, and provide an equitable regulatory framework for all vehicle manufacturers.

In 2001, the National Academy of Sciences essentially supported his safety research claiming 1,300 to 2,600 fatalities in 1993 were the result of the fuel-economy regulations.

According to the new plan, auto manufactures would have to meet a fuel economy average of 27.5 miles per gallon (mpg) for cars and 21.2 mpg for light trucks on new models.

CAFE would also subdivide the light-truck group into six subcategories according to a vehicle’s dimensions and requirements for bigger vehicles would be lower.

Currently, the largest SUVs and pickup trucks, such as the Hummer H2, would not be included in the regulations. However, the administration says legislation may still be changed to include large SUVs when the final plan is announced in April 2006.

The plan promotes better technology including hybrid electric systems, more efficient transmissions, and less horsepower as opposed to reducing weight.

While safety clearly should be a priority, the prevalence of SUVs, which guzzle gas, contribute to pollution, and add unnecessarily to congestion in cities, is also a concern.

Consumers have raised this issue, saying that vehicles which are too fat, not too light are also dangerous by citing SUV crash studies.

Critics of the CAFE plan say the legislation may allow automakers to make their SUVs even larger, though soaring gas prices would hinder the marketability of such products and ultimately remove some of the allure enjoyed by SUVs.

]]> http://www.yourlawyer.com/articles/read/10225 Wed, 13 Jul 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10225
The National Highway Traffic Safety Administration said in a posting on its website that it was investigating reports that the engine throttle became stuck in the open position in Ford Explorers and Mercury Mountaineers, causing unwanted vehicle acceleration.

The probe involves about 690,000 Explorers and Mountaineers from the 2002 model year. NHTSA said its preliminary investigation was prompted by 15 complaints and one reported crash.

The government is reviewing accelerator pedal interference with the carpet in the 2003 model year of the Mustang, Mustang convertible and Mustang GT. The review also involves the 2004 Mustang.

NHTSA said seven consumers who complained said the problem involved the position, design and installation of the carpeting. The probe involves about 20,000 Mustangs.

Ford spokeswoman Kristen Kinley said the company was working with NHTSA but that it was too early in the investigation to speculate on an outcome.]]> http://www.yourlawyer.com/articles/read/10227 Mon, 11 Jul 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10227
They reached their estimates by looking at the phone bill records of 456 drivers needing hospital treatment after road crashes in Perth, Australia.

In the UK it is illegal to use a hand-held mobile phone while driving.

Safety campaigners say the University of Western Australia study in the British Medical Journal shows the rules should apply to hands-free phone use.

Crash comparisons

For each driver, the researchers assessed phone use immediately before a crash and on trips at the same time of day 24 hours, three days, and seven days before the crash for comparison.

 Mobile phone use in the 10 minutes before a crash was associated with a four-fold increased likelihood of crashing.

This was irrespective of whether the driver was using a hand-held or hands-free phone.

Similar results were found for the interval up to five minutes before a crash.

Author Suzanne McEvoy and colleagues from the University of Western Australia said: "More and more new vehicles are being equipped with hands-free phone technology.

"Although this may lead to fewer hand-held phones used while driving in the future, our research indicates that this may not eliminate the risk.

Total ban

"Indeed, if this new technology increases mobile phone use in cars, it could contribute to even more crashes."

A spokesman from the Royal Society for the Prevention of Accidents said: "This is exactly what we have said and have known for some time.

"We hope that the people who callously think that their phone call is more important than somebody's life will get the message eventually when they see more and more research like this."

He said the current ban on using hand-held mobiles while driving, which can carry the penalty of a fine and in the future possibly also up to three points on the driver's licence, should be extended to hands-free phones.

However, the study authors said this would be difficult to enforce.

They said a possible solution might be to change mobile phones so that they cannot be used when vehicles are in motion, but added that industry was unlikely to embrace this.
]]> http://www.yourlawyer.com/articles/read/9841 Thu, 26 May 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9841
Kia said a defect might exist on 37,358 Kia Sedona minivans from the 2003-05 model years that have alloy wheels. Company engineers found that moisture can accumulate around the small steel cap that seals the rear hub and bearing assembly on alloy wheels and lead to damage to the wheel bearing.

The company said a failure can occur without warning and cause a crash. The company said it's unaware of any accidents the defect caused. There have been four warranty claims due to the problem, said Kia spokeswoman Rose Krupp.

The majority of the vehicles, more than 26,000, are from the 2004 model year, the company told the National Highway Traffic Safety Administration.]]> http://www.yourlawyer.com/articles/read/9792 Mon, 23 May 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9792
This could diminish power steering and lead to a crash, the NHTSA said.

In another safety action, Honda Motor Co. Ltd. is recalling 14,967 2005 model-year Element wagons because the trailer harness kit has an incorrectly wired connector.

"As a result, the trailer brake lamps and turn signal lamps could operate incorrectly, or a fuse could blow causing a sudden loss of brake and turn signal lamp function," the NHTSA said.]]> http://www.yourlawyer.com/articles/read/9549 Fri, 18 Mar 2005 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9549
Toyota Tacoma 2005: On certain pickup trucks equipped with an automatic transmission, there is a possibility that the parking brake pedal cable lock nut may not have been tightened to the proper torque specification. In this condition, the lock nut may loosen and come off, which will reduce the effect
iveness of the parking brake.

This condition could allow the vehicle to roll if the transmission is not placed into the "park" position and the vehicle is parked on a slope, thus raising the possibility of a crash. Dealers will inspect and tighten the parking brake pedal cable lock nut to the proper torque specification.

Big Dog 2005 motorcycles: On certain motorcycles, an electronic component failure could occur in the electric harness control (EHC) module.
This could result in a total shutdown of the motorcycles electrical power, increasing the risk of crash. Dealers will add a resistor harness to eliminate the susceptibility of the component in the electric harness control module to fail.

Ford Focus 2000-2002: Certain passenger vehicles with four or five doors and originally sold or currently registered in Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia, Wisconsin and the District of Columbia have a buildup of corrosion at the pawl pivot area of the rear door latch that can cause a binding condition of the pawl that may affect proper engagement of the pawl into the catch.

The occupant may experience difficulty opening or closing a rear door, and eventually the rear door may not latch properly. If not latched properly, the door may open while the vehicle is in motion. If an occupant fell out of the vehicle, personal injuries could occur.

Dodge Durango 2005: On certain sport utility vehicles, the fuel tank filler tube inlet check valve may not fully close at the end of refueling. This could allow some fuel to escape from the vehicle filler neck.
Fuel leakage in the presence of an ignition source can result in a fire. Dealers will inspect the inlet check valves and replace the fuel tank assembly.

Honda Odyssey 2005: On certain minivans and sport utility vehicles, the steering column may be incorrectly assembled, which could result in a loss of steering control. Loss of steering control can cause a vehicle crash without prior notice.

Buick Rainier 2005, Chevrolet Trailblazer 2005, GMC Envoy 2005, Isuzu Ascender 2005: Certain sport utility vehicles fail to comply with the requirements of federal motor vehicle safety standard no. 212, "windshield mounting." The windshield urethane bead may not have adhered to the body in certain areas during the cure process.
If a crash occurs, the windshield may not be retained, increasing the risk of injury to a vehicle occupant.

BFGoodrich/Land Terrain 9999: Certain BFGoodrich land terrain p235/75r15 tires, manufactured during the weeks of Feb. 19 through Aug. 19, 2004, are missing the tire treadwear indicator required by federal motor vehicle safety standard no. 109, new pneumatic tires.
Owners will not be notified that their tires are wearing out and may continue to drive on unsafe worn tires. Michelin has been notifying its customers and replacing the affected tires free of charge. The recall began in February.

Chevrolet Avalanche, Express, Kodiak, Silverado, Suburban, Savana, Sierra, Topkick, Yukon XL and Hummer/H2 2004-2005: Certain trucks, sport utility vehicles, and vans equipped with Bosch hydro-boost brake assemblies, the hydraulic brake booster pressure accumulator may crack and separate from the hydro-boost assembly during normal operating conditions.

If a separation occurred and the hood of the vehicle were open, fragments from the accumulator could cause injury to people in the immediate area. The presence of this crack or fractured surface could allow the hydraulic fluid to leak from the accumulator circuit of the booster assembly.

The loss of fluid would cause increased steering and braking effort and a crash may occur without prior warning. Dealers will test the hydro-boost assembly for functional operation of the two-function valve. If the hydro-boost assembly fails the test, dealers are to replace the assembly.

Cadillac SRZ and XLR 2004 and Pontiac Grand Prix 2004: Certain passenger vehicles fail to comply with the requirements of federal motor vehicle safety standard no. 124, "accelerator control systems." If one of the two accelerator pedal return springs fails and the temperature is minus 22 degrees to minus 40 degrees Fahrenheit, the engine may not return to idle within three seconds, as required.
If this were to occur, greater brake pedal force and a longer distance may be required to stop the vehicle. Dealers will replace the accelerator pedal assembly.

Chevrolet Classic 2005 and Pontiac Grand Am 2005: Certain passenger vehicles are equipped with rear suspension knuckle bolts that are not to specification and could fracture under high loads that can occur in some driving conditions.
If the bolt fracture, the rear suspension linkage could detach from the knuckle, and the rear wheel would be able to turn inboard or outboard. Sudden changes in vehicle handling could occur, particularly at higher speeds, and the driver may not be able to control the vehicle and a crash could occur without warning. Dealers will replace both rear suspension knuckle bolts. The recall began Feb. 16.

adillac Escalade, Escalade ESV and Escalade EXT 2005 and Chevrolet Avalanche, Silverado, Suburban, Tahoe, Sierra, Yukon and Yukon XL 2005: Certain sport utility vehicles equipped with an automatic transmission fail to comply with the requirements of federal motor vehicle safety standard no. 102, "transmission shift lever sequence, starter interlock and transmission braking effect." Under certain vehicle starting conditions, the shift lever position indicator located in the instrument panel cluster may not illuminate.

If the shift lever position indicator does not illuminate, the driver may not know which gear the vehicle is in. The vehicle may move in an unintended direction, resulting in possible injury to others outside of the vehicle.

The recall was expected to begin in early March.]]> http://www.yourlawyer.com/articles/read/9006 Sat, 11 Dec 2004 00:00:00 -0800 http://www.yourlawyer.com/articles/read/9006
Thinking she had run over her railroad ties lining the driveway, she pulled forward and backed up again. And again. Then she realized the horrible truth: She had run over her son.

Matthew's liver was nearly sliced in two, his intestines were ruptured and the femur on one leg was broken. He was hospitalized for nearly two months, but recovered and now is a bubbly 3-year-old.

About 120 people are killed and more than 6,000 injured each year by vehicles that back over them, according to the National Highway Traffic Safety Administration. Most victims are very young or very old.

Safety advocates want NHTSA to study the issue more closely and consider a requirement that automakers include devices to warn drivers when something comes into their path as they back up.

About 20 percent of 2005 model year vehicles offer cameras or sensors mounted on the back bumpers. The sensors beep warnings, and the cameras transmit images to screens on the dashboard or rearview mirror.

"If anybody had offered me a sensor when we bought that van, even for a couple of thousand dollars, I'm sure I would have gotten that," said Matthew's father, Paul Anthony of Sycamore Hills, Mo.

Backup aids aren't always marketed as safety devices, so they can be difficult for consumers to spot in brochures. For example, the Toyota Sienna minivan's sensor is called "intuitive parking assist" and comes standard only on the luxury model.

On the Lexus RX330 sport utility vehicle, a camera is included if owners buy a $6,790 DVD navigation package. Forty percent of RX330 owners bought the package last year, the company said.

Most automakers offer sensors on at least some models, including Audi, BMW, Buick, Cadillac, Chevrolet, Ford, Mercedes-Benz, Nissan, Porsche, Volkswagen and Volvo.

Several companies sell cameras, which can be installed for around $1,000, and sensors, around $400 or less. HitchCam, a 5-year-old company based in Commerce, Calif., that sells both devices, has seen sales jump 43 percent in the last year, spokesman Roger Hooker said.

NHTSA, which sets vehicle standards, is a long way from mandating cameras or sensors. Spokesman Rae Tyson said the agency believes the technology remains too expensive and may not always be reliable.

"It's a potential problem because it might lull people into thinking there's nothing behind them when there might be," Tyson said.

Safety advocates, including the consumer group Public Citizen and the child advocacy group Kids and Cars, want NHTSA to study the issue more. A transportation bill that would have required the agency to study the issue died in Congress, so safety advocates will have to try again next year.

R. David Pittle, senior vice president of Consumers Union, which publishes Consumer Reports magazine, said he thinks cameras are more reliable than sensors but acknowledged their cost is prohibitive. Pittle said that would change if automakers produced more cameras and made them standard.]]> http://www.yourlawyer.com/articles/read/8215 Tue, 04 May 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8215
The number two US automaker 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, reported the Detroit Free Press citing 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 pick-ups, including its best-selling F-150 series truck, did not meet federal safety standards, the documents show.

Ford ordered immediate design changes for future vehicles, but decided against a recall which could have cost up to 527 million dollars after the company determined the latches could pass a rarely used, alternative compliance test.

The company now faces a slew of product liability lawsuits stemming from fatal accidents in which malfunctioning vehicle doors allegedly contributed to the death or injury of motorists, and or, passengers.

Last week, Ford settled two wrongful death lawsuits in Texas for an undisclosed sum. The attorneys in the case had argued that defective latches contributed to the deaths of the two women during a roll-over accident involving an F-150.

Lawyers suing Ford say the company's internal documents paint a detailed picture of an automaker failing to address a safety issue because of financial concerns.

Regulators are studying the Ford documents, and have approached Ford about the matter, but indicated it is too early to say where those inquiries might lead.

"We had the issue brought to our attention by one of the expert witnesses advising the lawyers in one of these cases, and we're looking at the situation," said Rae Tyson, spokesman for the National Highway Traffic Safety Administration.]]> http://www.yourlawyer.com/articles/read/4524 Thu, 30 Jan 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/4524
The National Association of Police Organizations Inc., which represents more than 1,000 police unions around the country, filed the lawsuit Wednesday in Manhattan Federal Court.

Last month, State Trooper Robert Ambrose died on the New York State Thruway when a sports-utility vehicle rammed into his Crown Victoria cruiser. The lawsuit cites Ambrose's death and seven other similar accidents.

Ford denied the cars are dangerous. Company spokeswoman Kathleen Vokes told the Daily News the suit was "totally meritless."

In September, Ford agreed to pay for the installation of shields around the gas tanks on police-issued Crown Victorias. Some 350,000 police cars across the country about 80 percent of all police cruisers are Crown Victorias.

The company argues that the real problem, though, is not with the car but from the way it is used.

"(Police officers) are using their vehicles as shields and these vehicles are not designed to be shields; they're designed to be cars," Ford spokeswoman Carolyn Brown said last month in response to a suit filed in Texas. "It's a scenario that spells disaster."

The company said modifications to the consumer version of the Crown Victoria are not necessary because most drivers don't submit cars to the pressures that police officers do. That argument was criticized by former National Highway Traffic Safety Administration chief Joan Claybrook, president of the consumer advocacy group Public Citizen. ]]> http://www.yourlawyer.com/articles/read/4203 Mon, 13 Jan 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/4203
Many are beginning to pay more for that perceived safety in the form of higher auto-insurance premiums.

The insurance industry is looking closely at its claims data to determine how the mounting presence of SUVs - which now account for 21 percent of new car sales - is affecting damage and injury claims from drivers of subcompacts to full-size cars.

The idea of pricing according to the damage that individual SUVs inflict is beginning to catch on among insurers, said Bob Hunter, director of insurance for the Consumer Federation of America.

While the Insurance Institute for Highway Safety doesn't measure crashes for impact on other cars, the physics of an SUV's impact on a smaller car is well demonstrated in insurance claims because of the weight difference, he said. "The people in the SUV are going to do better given a certain degree of force in an accident than people in a car."

As a result, many insurers are starting to surcharge the liability premium, which covers others involved in a crash, while giving a discount for the medical premium, which pays for injuries that occur inside the SUV, but one usually doesn't offset the other equally, he said. The liability line often comprises 40 percent of the total premium while medical payments make up just 10 percent.

"You're going to pay less for medical payments and more for liability, but since liability is a much greater share of the premium, if you're an SUV owner, your policy is going to cost more," Hunter said.

"The SUV policyholder will pay about $40 more than a typical car for liability and medical payments combined for occupant protection in and out of the car."

Safety a driving factor

To be sure, a perception of invincibility helps make midsize and large SUVs a popular choice among U.S drivers.

In fact, light trucks, which include SUVs, pickups, vans and minivans, outsold passenger cars for the first time in U.S. history in 2001, comprising 51 percent of the market, according to the Alliance of Automobile Manufacturers.

But SUVs aren't just taking over America's roads -- they're also increasingly redefining how insurers rate their injury risk. State Farm, the No. 1 U.S. auto insurer with 40 million policyholders, is studying the issue. Allstate began evaluating SUV liability separately in 1999. Progressive has been in the habit since the 1980s.

Allstate and Progressive charge different rates for bodily injury liability caused to others outside the SUV, and for medical payment or personal injury protection, which covers the vehicle's occupants, Insurance Information Institute spokeswoman Carolyn Gorman said.

"They have claims history that show large, high-riding, heavy duty SUVs do cause greater damage to other people and cars," she said. "They do charge higher premiums based upon the size of the SUV."

Allstate, for example, sees liability losses in the large SUV group, including the Lincoln Navigator and Ford Excursion, coming in 7 percent higher than the average for all vehicles, and the company began passing along those expenses two years ago, spokesman Mike Trevino said. At the same time, it gives breaks up to 15 percent in the medical payment category for SUVs that do a good job protecting their passengers.

"What Allstate is doing is attempting to price the policy more accurately," Trevino said. "The new rating methodology accounts for the different loss experience that vehicles have. If your vehicle has a higher liability cost if that vehicle type is causing more injury or more damage to other cars then that's being reflected in the rate."

The attitude is similar at Progressive, spokeswoman Leslie Kolleda said. "We're in the business of pricing a policy to recoup our costs. If a particular make and model, whether big or small, has a claims history greater than a similar make and model, then we price them differently to the make and model."

Reviewing its records

Despite other insurers' moves to price SUV rates separately, State Farm doesn't rate liability to outsiders differently based on make and model history. Still, it offers a "vehicle safety discount" on the medical payments side according to its claims data, spokesman Dick Luedke said.

One reason for the pricing imbalance is that larger vehicles tend to be involved in fewer crashes, he said. "The severity tends to be greater when involved with another car, but the frequency seems to be less. I'm not sure why that's the case, but it makes sense that larger vehicles are easier to see and when you're in a larger vehicle, you tend to be up a little higher and you can see a little better."

"The extent of the injury you sustain in an accident has much more to do with the vehicle you're in than the vehicle that hits you, if there's another vehicle involved in the crash," Luedke added.

Still, the company is studying whether it makes sense to start calibrating liability rates to its claims patterns, he said. State Farm is "weighing the ability to measure it perhaps a little more accurately versus the cost of administering the system."]]> http://www.yourlawyer.com/articles/read/4071 Fri, 03 Jan 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/4071
New York State Police Superintendent James McMahon has ordered the cars removed from patrol duty and retrofitted with gasoline tank shields.

The shields can prevent fires resulting from rear-end collisions.

Two weeks ago, a New York state trooper died after his Crown Victoria patrol car was struck from behind on the New York State Thruway in Yonkers.

The decision to idle the Crown Victorias came after the union representing New York's troopers urged its members to refuse to patrol in those vehicles.

At least 13 police officers nationwide have died over the past two decades following crashes in which their Crown Victorias caught fire.]]> http://www.yourlawyer.com/articles/read/2367 Tue, 08 Oct 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/2367
The National Highway Traffic Safety Administration, which had been investigating the problem since March, announced the recall Tuesday. Ford spokesman Todd Nissen said the problem has caused 18 accidents, injuring two people.

The recall involves 424,164 vehicles, 369,614 of which were sold in the United States. All 2000 and 2001 models with adjustable pedals are covered, as well as a few 2002 models built before Sept. 14.

Adjustable pedals allow drivers to sit farther from the steering wheel and still reach the gas and brake pedals. The Sable comes with adjustable pedals as standard equipment, and they are optional on the Taurus.

Ford will send letters to owners of affected vehicles asking them to bring the cars to dealers for inspection. If the pedals are less than 2 inches (5 cms) apart, a mechanic will adjust them.

NHTSA also announced it is opening an investigation into about 700,000 Honda Accord cars because of a possible problem with the electric adjuster for the driver seat. Ten people have complained that a bracket on the adjuster can break and cause the seat to slide back without warning.

The investigation covers 1999-2002 model years of the Accord. NHTSA's investigations can lead to a recall but often are dropped without finding defects.]]> http://www.yourlawyer.com/articles/read/1507 Fri, 30 Aug 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/1507
Ford says the problem is unrelated to its investigation into gas tank fires and explosions following rear-end collisions in its police car version of the Crown Victoria.

The recall involves 2002 model year fleet cars, such as those sold to government, taxi services and law enforcement. At least 81 are police cars, mostly in Phoenix and Mesa, Ariz.

More than half of the recalled vehicles were sold in California.

Ford spokesman Todd Nissen said natural gas can leak from a connector between two of the five fuel tanks. If the gas were exposed to a spark, it could start a fire.

"It's a pretty remote set of circumstances where this would occur, and it never has resulted in a fire that has been reported to us," Nissen said.

Ford will contact owners of the recalled vehicles and provide free repairs. ]]> http://www.yourlawyer.com/articles/read/1078 Sun, 14 Jul 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/1078
Four officers, four explosions.

One car.

Each patrolman was driving a Ford Crown Victoria Police Interceptor, a specially built sedan with heavy-duty features designed for police work.

The Arizona patrolmen aren't alone. Nationwide, at least nine more police officers have died in fiery rear-impact collisions in Crown Victorias. When you add in civilian fire deaths, including those in the similar Mercury Grand Marquis and Lincoln Town Car, the figure climbs to as many as 38.

The recent death of Chandler police Officer Robert Nielsen has galvanized criticism and focused debate: Does the Crown Victoria have a fatal flaw?

The Crown Victoria does have a serious design problem with its fuel tank, according to national auto-safety experts, public officials and automotive engineers contacted by The Arizona Republic. They say the car's vertical fuel tank, which first appeared in the 1966 Galaxie, is located within the car's "crush zone," where it is prone to puncture, leakage and deadly fires in rear-impact crashes.

And Ford, they say, has not eliminated the critical flaw despite repeated evidence dating to the 1960s, including the auto company's own internal crash tests.

"The fuel-tank fire hazard is something that should have been designed out of these vehicles long ago," said Byron Bloch, a Potomac, Md., auto-safety activist.

Phoenix attorney Pat McGroder, who represented some of the victims and their families in settlements against Ford, said he is "on a personal crusade" to fix the problem.

"We think the susceptibility of fuel-fed fires upon rear impact of Crown Victorias is much greater than any other vehicle on the road," McGroder said. "The problem is the fuel-containment system and its design that create a situation where these officers are burning alive."

The National Highway Traffic Safety Administration began investigating the Crown Victoria in November, spokesman Rae Tyson said. He said he could reveal nothing about the ongoing investigation.

Ford insists car is safe

Ford insists that the Crown Victoria has an excellent safety record, and that the vertical, behind-the-axle fuel tank has proved safe and reliable after many years in service. Fire deaths are still rare, said Sara Tatchio, a Ford spokeswoman in Dearborn, Mich.

"I don't feel we need to defend ourselves," Tatchio said. "We have a very safe vehicle. The real world data supports that."

But data on crash fatalities from the safety administration from 1994 to 2000 showed the Crown Victoria had almost twice the rate of fires in rear-impact fatal collisions when compared with all other cars combined.

"If you survive the trauma of a crash, you should never die of fire," said Clarence Ditlow, who heads the Center for Auto Safety in Washington, D.C. "It just shouldn't happen."

Ford notes that the Crown Victoria has passed federal safety standards for rear impacts, as well as Ford's more stringent crash tests. Ford engineers subjected the Crown Victoria to more than 51 such tests from 1993 to 1997.

But the safety proponents say the 25-year-old federal standard, which mandates a 30-mph crash with a moving barrier, is far too lenient for today's traffic speeds. Even Ford's own 50-mph standard is too low, they say, especially as it relates to police cars.

Activists want a recall

Safety activists and public officials have demanded that Ford recall the Crown Victoria, as well as the Grand Marquis and Town Car, to address the problem: a vertical gas tank sandwiched between the trunk and the rear axle and suspension, where it is exposed to crushing forces and jutting parts that can puncture and tear the metal, allowing the explosive fuel to spew out.

"The fundamental flaw in these vehicles is the location of the tank, the same flaw for which Ford has been repeatedly hit with punitive damage awards in rear crashes of Pintos and Mustangs," said Ditlow, whose private agency was founded by consumer activist Ralph Nader.

Ditlow noted that more people have been killed by post-collision, fuel-fed fires in Crown Victorias than in Ford Pintos, which were involved in a much-publicized recall in 1978 to fix gas-tank faults. About 26 people were killed in Pintos or similar Mercury Bobcats during about eight years of production. As many as 38 have been killed in Crown Victorias, Grand Marquis and Town Cars over 20 years.

Tatchio, the Ford spokeswoman, said the fires happen more often in Crown Victorias only because they are the prevalent patrol car used by police agencies. The cars are used in dangerous circumstances, she added, and civilian drivers should not be concerned.

"They (post-collision fires) are happening in police vehicles at very high speeds," Tatchio said. "That's not how my dad, who drives a Crown Victoria, uses his car."

But not all of the fires were the result of extremely high-speed crashes. The speed estimated by the Department of Public Safety of the car that crashed into DPS Officer Juan Cruz's car was 66 mph.

Ford says the speed was more in the range of 72 mph.

Victoria a throwback

The Ford Crown Victoria is something of a throwback among American automobiles. A large sedan with a V-8 engine and rear-wheel drive, it's the last of its breed, along with Grand Marquis and Town Car.

Its old-fashioned design, with a heavy, full-perimeter frame, muscular engine, spacious interior and trunk, and solid rear-drive axle, makes it ideal for police work.

Crown Victorias are estimated to make up 85 percent of the nation's police fleet, with about 400,000 of them in use. About 1,800 police agencies use the Fords, and the vehicles are a favorite for cab companies, many of which purchase used police cars.

Although every other system in the Police Interceptor has been beefed up, said retired fuel-systems engineer Ron Elwell of Scottsdale, the fuel tanks remain the same as regular civilian models. In fact, the Crown Victoria's fuel-tank configuration is essentially the same design that appeared on Galaxie models in 1966 on what Ford labeled the Panther platform.

Elwell said he was surprised even then at the fuel tank's precarious location. In the current sedan, the tank is within the car's "crush zone," the area that's supposed to absorb the shock of a crash.

"In that location, you might as well set up a bunch of whirling saw blades," said Elwell, who worked for General Motors for 30 years before becoming a private consultant and expert witness. "It's (the fuel tank's) just waiting to be pushed forward into one of those impaling surfaces."

Bloch says the problems with the fuel tank location were revealed repeatedly in Ford's internal and independent crash tests during the past 36 years. Ford's records include reports of crash tests that showed the tanks were susceptible to punctures from rear-axle and suspension protrusions.

The Ford internal documents were provided to The Republic by McGroder, Elwell and Bloch, who obtained them from public court records.

In the 1966 crash test, the vertical fuel tank was punctured by a suspension component called the track stud, which produced an inch-long cut in the tank that allowed fluid to gush, the report says.

In July 1968, a UCLA team led by Derwyn Severy performed a study on a 1967 Galaxie while under contract with Ford. The test showed that the vertical tank was prone to crushing and puncture damage when struck from behind by an identical sedan at 55 mph. The team also tested an above-the-axle tank, which was a relative success.

"The authors deemed that a tank in this location would be in an improved, protected area," the report concludes.

Problems in tests

In a 1970 test, trailing-arm brackets on both sides of the tank produced punctures. The tank also was punctured on its upper corners by parts of the trunk and spare tire.

A January 1995 crash test, in which a Taurus station wagon was crashed into the rear of a 1996 Crown Victoria at 50 mph, resulted in a major fuel leak when the tank was punctured by a side frame rail that bent on impact.

That test resulted in Ford installing two polyethylene shields on either side of the tank to prevent punctures from the frame rails. But that fix lasted only a short time and was removed for 1998 models.

Critics see this as evidence that Ford recognized a problem, came up with a solution, but abandoned it in just two years. Tatchio countered that in the '98 sedans, the problem was resolved with a redesign.

"The way it was punctured by that frame rail could not have happened any longer," she said.

In 1971, a double-walled fuel tank was tested by Ford engineers and proved resistant to punctures and leakage. That tank was never put into production. Ford engineers also drew up plans for an above-the-axle fuel tank that was never implemented.

Bloch performed his own test in Phoenix in 1975 that showed the fuel tank was prone to crash damage. His tests, he said, proved that a tank located ahead of the axle with an integral bladder could prevent gasoline leakage in a high-speed crash.

"It demonstrated conclusively that you could have survivability in the 60-mph-plus range," said Bloch, an engineer who has spent 30 years as an independent consultant and expert witness in auto safety design and crashworthiness.

The Ford spokeswoman said that because of the Crown Victoria's solid-axle, rear-drive system, an above-the-axle tank would not be practical. It would impede movement of the axle, Tatchio said, and would have a total capacity of just 9 gallons, compared with 19 gallons currently.

A tank placed in front of the axle would have similar issues, she added.

She also said that all the crash tests were product-development tests that helped Ford find potential problems and design them out of the car.

"The whole point of development tests is to raise these kinds of issues," she said. "Anything we saw (go wrong) we dealt with and have not seen occurring in the field."

In all of Ford's current lineup of passenger cars, except for Crown Victoria, Grand Marquis, Town Car and Mustang, the fuel tanks have been moved in front of the rear axles. Because most current vehicles are front-wheel drive, that's not as big a challenge because there is no drive shaft or differential to avoid.

But in Ford's latest rear-wheel-drive car, the Thunderbird roadster, which rides on a chassis shared by Lincoln LS and Jaguar S-Type, the engineers located the fuel tank in front of the rear axle despite the design challenges.

The Mustang now has a "bathtub" shield that lies under the tank to thwart punctures.

Ford has published a 15-page booklet setting out its views on the Crown Victoria. Ford says that engineers never encountered in 51 crash tests the kind of puncture problems that caused the first two police deaths in Arizona.

"Not once during those tests did the fuel tank sustain a puncture from the parking cable bolt, the shock bracket or the tab on the bottom of the sway bar bracket," the booklet says.

McGroder counters that the test engineers should have been able to anticipate that, in rear impacts greater than 50 mph, the protrusions could cause punctures.

Ford said fires after high-speed, rear-impact crashes are almost impossible to design out of vehicles.

"No vehicle maker could reasonably anticipate or prevent the unique conditions surrounding these accidents, nor has any vehicle ever been designed to reliably withstand these kinds of impacts," Ford's booklet says.

Arizona in forefront

Arizona has been in the forefront of the Crown Victoria controversy, with seven law enforcement and civilian deaths in the state.

The three law enforcement victims were DPS Officer Cruz in December 1998, DPS Officer Floyd "Skip" Fink in February 2000 and Chandler Officer Nielsen on June 12.

Schechterle, who suffered severe burns in his March 2001 patrol-car fire, has become a poignant living symbol of the tragic incidents.

Ford representatives met with Arizona DPS officials a month before Schechterle's crash, in February 2001. In Ford's presentation, the automaker maintained that post-rear-impact, fuel-fed fires were rare and that the patrol cars have a good safety record.

In October 2001, Ford issued a Technical Service Bulletin to its dealers and thousands of police agencies with procedures to modify possible puncture sources. The bulletin specified changing a bolt in the emergency-brake cable bracket to a smooth-headed rivet and filing down part of the support structure for the rear stabilizer bar.

But that bulletin was never made public.

Tatchio said it applied only to police vehicles and was specifically aimed to prevent punctures at 80 mph or higher.

In March 2002, state Attorney General Janet Napolitano wrote a scathing letter to Ford, complaining that Ford's presentation a year earlier had been misleading and manipulative, and called on Ford to recall the patrol cars to make safety modifications.

"The risk, however slight by Ford's analysis, that another one of our police officers could be seriously burned or burned to death in a CVPI (patrol car) after a rear-end collision is unacceptable," Napolitano wrote.

Chandler police had performed the bolt and stabilizer modifications to their patrol cars, including Nielsen's, before his fatal crash, which prompted critics to note that the modifications were never crash-tested and apparently were not effective.

Ford said the impact to the patrolman's car came from the side behind the rear wheel and was not a rear-impact crash. Elwell counters that if the tank was in front of or above the rear axle, the slicing impact would have missed it.

Orders for cars canceled

Since Nielsen's death, a number of police departments have canceled or postponed Crown Victoria orders. Gov. Jane Hull told the DPS not to order any more of the Fords until the problem is addressed.

In late June, Napolitano traveled to Ford headquarters in Dearborn, Mich., where she reached an agreement with Ford officials for a task force to study fuel-tank bladders and shielding to help prevent gasoline spills after rear-end collisions. The report is due by mid-September.

Ditlow was scornful of Ford's concession.

"The state of art already exists to prevent fire deaths in all Crown Victorias," he said. "Police and consumers need a recall, not a blue ribbon panel to study what is already known while more people burn to death in these vehicles."

On July 2, Corpus Christi attorney David Perry filed a class-action suit on behalf of a group of Texas officials, seeking an injunction to force Ford to modify the police cruisers' fuel tanks. A hearing has been scheduled for July 22.

Perry, who has represented fire victims and works as co-counsel with McGroder, also dismissed the task force plan.

"Ford has been studying the problem for 30 years, and they'll study it to death," he said. "It's a tragedy that Ford will not step up to the plate and do something meaningful."

Phoenix seeks outside help

In late June, Phoenix police officials traveled to Bend, Ore., to order bladder insert systems for 735 Crown Victoria patrol cars from Fuel Safe, a company that specializes in "fuel cell" safety systems for racing.

The total cost for the bladders, which also involves removing the fuel tanks and shipping them to Bend, will be about $1.5 million.

Company Sales Manager Ty Rupert said the bladders, made of ballistic nylon and coated with urethane, are designed to resist puncture damage.

A foam material that holds the fuel in case of a puncture is added as an extra precaution.

"The bladder we're using for the Crown Victoria is the most durable we make for a production vehicle," Rupert said, noting that other police agencies have contacted Fail Safe.

He disputed claims by Ford that the company's bladders are only in the prototype stage or that they're not ready for mass production.

He said the Crown Victoria installation would follow routine procedure for the company, which has been making safety bladders since 1972.

He pointed out that Ford used his company's bladders in one of its production vehicles, the high-performance Mustang Cobra R, for three years, the last in 2000. Ford gave the fuel bladder in the Cobra's final year a 10-year warranty.

Ford disputes the need for bladders or shields in the Crown Victoria, Tatchio said, even though the company has agreed to study the issue.

"We have a real sense of urgency about this, and we want to work as we are with the state of Arizona and the attorney general," she said. "We want to take this car, which is already safe, and move the state of the art to see what we can do to further improve it."

McGroder, who said he had been friends with DPS Officer Skip Fink before Fink was killed, decried Ford's reluctance to admit there is a problem with the Crown Victoria, much less address the problem.

"So now the question is: Can they bring all their technology and acumen to bear on a real-world problem?" the attorney asked. "The problem is that in the real world, we have policemen burning to death."]]> http://www.yourlawyer.com/articles/read/936 Fri, 05 Jul 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/936
Class-action status was more appropriate because "it would be grossly inefficient, exorbitantly costly, a waste of judicial resources, and an invitation for conflicting results to require each class member to repetitively litigate the common issues presented in this cause," County Court Judge Hector De Pena wrote in an eight-page ruling Wednesday.

Edwards Law Firm LLP said in a news release the so-called Gen 3 buckle is prone to unlatching during accidents or from around child or infant car seats in sharp turns or sudden stops.

At least three deaths have been blamed on the buckle, and four others are under investigation, the law firm said.

The lawsuit first filed in 2000 seeks replacement of Gen 3 belt buckles on about 14 million Chrysler, Dodge and Jeep vehicles made since 1993.

It also seeks reimbursement for inconveniences that may be caused during the replacements, up to $500 per owner.

A spokeswoman for DaimlerChrysler did not immediately return a call for comment on the lawsuit, announced by the plaintiffs on Friday.

DaimlerChrysler now installs an updated seat belt in the front seats of minivans starting with the 2000 model year, but still uses the Gen 3 belts in the middle and rear seats.]]> http://www.yourlawyer.com/articles/read/874 Tue, 25 Jun 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/874
The location of the Crown Victoria's gas tank between the rear bumper and axle has been blamed for car fires that have killed at least 11 officers nationwide in the last 20 years.

"How can Ford Motor Co. justify not recalling a vehicle involved in at least 10 fatal fire crashes of police officers since 1992 and at least 13 more civilian deaths listed in FARS (a federal accident database) as caused by fire between 1994 and 2000," Clarence Ditlow, executive director of the Center for Auto Safety, said in a letter to Ford chairman and chief executive Bill Ford. Ditlow asked Ford to recall all Crown Victorias — not just police versions.

Ford spokeswoman Sara Tatchio said in response to the letter that police vehicles are used in unique ways in dangerous situations.

"We stress there is absolutely no safety issue with the Crown Victoria or other vehicles on the platform," she said.

Arizona Attorney General Janet Napolitano said she did not request Ford recall the vehicles during her meeting Tuesday with Ford engineers and officials at the automaker's Dearborn headquarters.

The trip was triggered by the June 12 death of Chandler, Ariz., police Officer Robert Nielsen. In the past three years, two other Arizona officers died and another was seriously injured in Crown Victoria fires.

This is the second time Arizona has been out front in raising automotive safety concerns. The state was among the first to identify problems with Firestone tires that ultimately led to a massive recall in August 2000.

But safety groups say Napolitano should have demanded a recall and not settled for the creation of two investigatory panels. One will be a technical task force; the other will work on accident prevention.

"This is woefully inadequate," said Clarence Ditlow, director of the Center for Auto Safety. "It's not a matter of whether there will be a recall, but when."

Joan Claybrook, a former head of the National Highway Traffic Safety Administration ( news - web sites) who now leads the group Public Citizen, called the establishment of the panels "highly diversionary" and also demanded the cars be recalled.

Napolitano said, however, she was satisfied with the results of the meeting.

"This sets us on a concrete path to make these cars safer," she said at a joint news conference at Ford headquarters.

Ford officials said the automaker's internal tests indicate the fiery crashes are not the result of problems with the design of the car, but Ford is not opposed to improving it to help ensure the safety of police officers and passengers.

There are at least 400,000 Crown Victoria Police Interceptors on the road, Ford officials said. About 56,500 were sold in the past year.

"We're committed to make a safe car safer," said Sue Cischke, Ford vice president of environment and safety engineering.

The technical task force will look at issues including testing scenarios, fuel tank bladders and shields, Napolitano said. It will be comprised of Ford engineers and experts from the aircraft and race car design industries and the military.

The panel is expected to complete its testing within 30 to 90 days, Napolitano said.

The leader of the technical task force, a Ford official, also will head the second panel to look into accident prevention.

Some aspects it will examine include changes in police procedures and issues like emergency lighting or the way police load the trunk that may contribute to fuel tank punctures after a crash.

Four other members of this panel will be designated by Ford, and four will be chosen by Napolitano's office.

Countering Ford's assertion that the Crown Victoria is safe, a Corpus Christi, Texas, lawyer who has litigated five cases against Ford related to the police cars says he has information that reveals the vehicles repeatedly failed rear end crash tests at 50 mph prior to the 1998 model year.

"They never could get one to pass. One was certified based on engineering determination," David Perry said.

Cischke said cars used in those tests are "development" vehicles and not production versions sold to the public.

She said there was no fuel leakage in a Crown Victoria during a crash test at 70 mph or in a number of accidents in Ohio.

An investigator from the National Highway Traffic Safety Administration has traveled to Phoenix at the request of Gov. Jane Hull to look into the fires.

A federal investigation was launched in November and is ongoing, NHTSA spokesman Rae Tyson said.

Included in the investigation along with the Ford Crown Victoria are the Mercury Grand Marquis and Lincoln Town Car, both of which are built on the same basic platform.]]> http://www.yourlawyer.com/articles/read/875 Tue, 25 Jun 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/875
"This sets us on a concrete path to make these cars safer," Arizona Attorney General Janet Napolitano said Tuesday after meeting with Ford executives at the automaker's headquarters here.

She arranged the trip to Dearborn after the June 12 death of Chandler, Ariz., policeman Robert Nielsen, the third Arizona police officer in three years killed in fires resulting from accidents in Crown Victoria cruisers.

The location of the Crown Victoria's gas tank between the rear bumper and axle has been blamed for car fires that have killed at least 11 officers nationwide in the last 20 years.

Sue Cischke, Ford vice president of environment and safety engineering, said the Crown Victoria is not at fault, but the company is not opposed to improving it.

"We're committed to make a safe car safer," Cischke said at the joint news conference.

Napolitano said a technical task force will look at "a host of issues," including testing scenarios, fuel tank bladders and shields. The task force will be comprised of Ford engineers and outside experts from the aerospace industry and competitive racing.

The chair of the technical task force will also head a second panel that will look into possible changes in police procedures and alterations to the vehicle, like lighting or the way police load the trunk.

"I thought we solved this problem with the Pinto," said Joan Claybrook, director of Public Citizen in Washington.

"Ford just ought to recall the cars," she said.

But Napolitano said there was no request made at the meeting for Ford to recall the vehicles.

Ford officials said the deaths are tragic, but the automaker's internal tests indicate the fiery crashes are not the result of problems with the design of the car.

"It's not clear that all of these accidents were even rear-end collisions," Ford spokeswoman Sara Tatchio said. "There doesn't appear to be a common thread to any of them."

David Perry, a Corpus Christi, Texas, lawyer who has litigated five cases against Ford related to the police cars, said the cars should be recalled. Perry says information he uncovered through the discovery process revealed the vehicles repeatedly failed a series of rear end crash tests at 50 miles an hour prior to the 1998 model year by Ford.

"They never could get one to pass. One was certified based on engineering determination," Perry said.

An investigator from the National Highway Traffic Safety Administration ( news - web sites) has traveled to Phoenix at the request of Gov. Jane Hull to look into the fires.

A federal investigation was launched Nov. 27, 2001, and is ongoing NHTSA spokesman Rae Tyson said.

Included in the investigation along with the Ford Crown Victoria are the Mercury Grand Marquis and Lincoln Town Car, both of which are built on the same basic structure or platform.

This is the second time in recent years that Arizona has been out front in raising automotive safety concerns. The state was among the first to identify problems with Firestone tires that ultimately led to a massive recall in August 2000.

Meanwhile, Mesa, Ariz., officials are trying to replace all the city's gasoline-burning Crown Victorias with ones that run exclusively on compressed natural gas, said Greg Fowler, an assistant police chief.

That would take between two and three years at an estimated cost of about $3 million, he said.

Last week, the Phoenix City Council safety subcommittee voted to freeze the purchase of up to 200 police cars from Ford unless the automaker agrees to install sponge-like bladder gas tanks to reduce the risk of explosion in a crash.

The body also voted to retrofit most of the Phoenix Police Department's 735 Crown Victoria police cruisers with the bladder tanks.

Ford has said the bladders have not been crash tested in production vehicles, but the company is willing to look at the technology.]]> http://www.yourlawyer.com/articles/read/780 Mon, 10 Jun 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/780
The accidents are similar to one that left Phoenix police officer Jason Schechterle severely disfigured with burns on his head, face and neck. Schechterle was responding to a call in March 2001 when his 1996 Crown Victoria Police Interceptor was struck by a cab going more than 100 mph. The police car's gas tank was punctured, causing an explosion.

Two other Arizona law officers are among those who have been killed in such accidents. In May, Ford Motor Co. settled lawsuits filed by the officers' families. The terms of the settlements were not disclosed.

Law enforcement agencies and plaintiffs' attorneys allege that in high-speed rear collisions, the gas tank is rammed into the axle and surrounding components, causing the tank to rupture.

Last October, Ford advised its dealers to replace a bolt and grind down a protruding tab on Crown Victoria models dating back to 1992 to reduce the risk of gas tank punctures.

The National Highway Traffic Safety Administration launched a probe in November to determine whether the Crown Victoria's gas tank is vulnerable to rupture. And the Arizona attorney general's office has urged the automaker to recall the vehicles until they are repaired.

Ford dominates North American sales of police vehicles, with 80 percent to 85 percent of the market. Some 60,000 Crown Victoria Police Interceptors are sold annually.

``The fuel tank design is a safe one,'' said Ford spokeswoman Kathleen Vokes. ``Any vehicle that gets rammed while it is sitting on the side of a highway at more than 70 mph has the potential to suffer some damage. I don't think there's any vehicle on the road that can withstand that kind of impact.''

Nevertheless, law enforcement agencies insist Ford should do more to make the cars safer.

Jake Jacobsen, president of the Phoenix Law Enforcement Association and a board member of the National Association of Police Organizations, wants Ford to offer a bladder-style gas tank for its police cruisers. The bladder would reduce the chance of punctures from sharp edges, he said.

``The Crown Victoria is a very safe car in normal day-to-day family use,'' Jacobsen said. ``The issue is police cars don't get hit at those speeds. They're on freeways. They're going to be hit by the drunks, by the drivers who are out of control.

``We are at no point close to saying we refuse to drive these cars,'' he said, ``but we are also not going to sit still.'' ]]> http://www.yourlawyer.com/articles/read/395 Wed, 24 Apr 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/395
GM will contribute more than $1.6 million over three years to the effort, which includes a "driver education" initiative. Researchers will focus on older and inexperienced drivers, studying their cognitive, perceptual and motor skills while operating electronic devices under normal driving conditions and in foul weather or on crowded streets.

"We know that technology will never replace the good judgment of a driver," said Robert C. Lange, GM executive director of structure and safety integration. "However, we hope to use the results of this research to mitigate potential in-vehicle distractions and help drivers manage other distractions more effectively."

GM, Ford Motor and other automakers have been studying driver distraction for years, but their research has assumed a sense of urgency as cell phones, navigation systems and other appliances have become ubiquitous on American roads. Automakers are keen to capitalize on the potentially lucrative niche, hoping that customers will pay hundreds of dollars for factory-installed handheld docking stations and laptop ports in their cars.

But dashboard gadgetry--also known as "telematics"--also raises the question of legal liability for the automakers: If a person crashes because they were reading a map on a dashboard monitor, can the victim or the victim's family sue the automaker for building a dangerous system?

According to the National Highway Traffic Safety Administration's Fatal Accident Reporting System, 10.3 percent of all fatal crashes in 1999 were caused by driver distractions. Distractions ranged from lighting cigarettes and eating hamburgers to applying makeup and even attempting to write memos. But the study showed an alarming increase in the number of electronics-related distractions as the number of Americans with handheld electronics devices has mushroomed.

GM engineers and executives have spearheaded an industrywide effort to abolish all text-based electronics requiring drivers to read or type commands. As part of the "SenseAble driving" program, GM advocates voice commands and audio feedback--including embedded cell phones that allow the driver to "dial" by saying the numbers out loud and "reading" e-mail by listening to a digital voice that recites incoming text.

As part of the joint effort between GM and the university, researchers will upgrade a crude driving simulator at the Beckman Institute's Integrated Systems Laboratory with state-of-the-art technology. That will allow scientists to study driver distractions in a safe but true-to-life driving environment.

The move comes after an ambitious simulation program at Ford that last year debuted a $10 million laboratory in Dearborn, Mich., to study the dangers of electronic appliances. Ford's Virtual Test Track Experiment, or Virttex, was the first automotive lab to feature a full-scale, moving-base driving simulator that tracks drivers' eye movements as they use onboard gadgets and try to maneuver curves on simulated highways. Ford's research will run through 2004. ]]> http://www.yourlawyer.com/articles/read/379 Mon, 22 Apr 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/379
The National Highway Traffic Safety Administration's investigation involves 402,651 cars from the 2000 and 2001 model years.

Twenty-two people have complained to the agency about the problem. Three reported crashes, including one who says her 2001 Sable crashed three times, each with a different driver. No injuries were reported.

Fourteen of the complaints involve the 2000 Sable. The Sable comes with adjustable pedals as standard equipment, while they are optional on the Taurus. Adjustable pedals allow drivers to sit farther from the steering wheel and still reach the gas and brake.

NHTSA opened the probe in March and included it in a monthly report of investigations released Monday.

Ford Motor Co. spokesman Todd Nissen said the automaker is cooperating with NHTSA's investigation, but it's too early to speculate on the outcome.

NHTSA opens any investigation with a preliminary inquiry, in which the agency and the manufacturer exchange paperwork about an alleged problem. The investigation then may be upgraded to an engineering analysis, where government engineers examine the parts to see if they are defective. An investigation can lead to a recall

The agency also disclosed Monday that it has closed its investigation of 1997 through 1999 models of the Dodge Caravan and Chrysler Voyager and Town & Country after DaimlerChrysler agreed to recall 543,311 of the minivans. NHTSA was looking into complaints that the seat belts jammed. DaimlerChrysler says it will replace the belts for free.

NHTSA also opened investigations into these vehicles:

_The 1998-2000 Kia Sephia. Six people reported fires caused by the battery cable shorting out against the transmission dipstick tube. About 134,000 of the cars are on the road.

_The 1997 Nissan Maxima. Five people complained of engine fires starting at the alternator. About 123,200 of the cars are on the road.

_The 2002 Chevy TrailBlazer, GMC Envoy and Oldsmobile Bravada. Some of the vehicles have a wiring problem in the steering column that can cause the lights, wipers and cruise control to malfunction. General Motors has taught its dealers how to fix the problem. About 200,000 of the sport utility vehicles are affected.

_The 2002 Nissan Xterra. NHTSA received a complaint about the driver's side air bag not working properly. Nissan sent a bulletin to its dealers telling them how to fix the problem on the SUV, about 20,000 of which have been sold.]]> http://www.yourlawyer.com/articles/read/339 Mon, 15 Apr 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/339
The agency also issued a new consumer flyer for 15-passenger van users. A copy of the flyer can be downloaded from the NHTSA website: www.nhtsa.dot.gov

NHTSA research has showed that 15-passenger vans have a rollover risk that is similar to other light trucks and vans when carrying a few passengers. However, the risk of rollover increases dramatically as the number of occupants increases from fewer than five to more than ten.

In fact, 15-passenger vans (with 10 or more occupants) had a rollover rate in single vehicle crashes that is nearly three times the rate of those that were lightly loaded.

Because of these risks, it is important that 15-passenger vans be operated by experienced drivers. A person transporting 16 or more people for commercial purposes is required to have a Commercial Driver's License (CDL), which requires certain specialized knowledge and driving skills. Although the drivers of these private-use vehicles are not required to possess a CDL, they should still understand and be familiar with the handling characteristics of these vans, especially when the vehicle is fully loaded.

A new NHTSA analysis reinforces the value of seat belts. Eighty percent of those who died nationwide in 15-passenger van rollovers in 2000 were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash. In fatal single-vehicle rollovers involving 15-passenger vans over the past decade, 92 percent of belted occupants survived compared to 23 percent for unbelted occupants. NHTSA urges that institutions using 15-passenger vans require seat belt use at all times.

NHTSA is reissuing this advisory to specifically alert summertime users of 15-passenger vans. The summer of 2001 saw several tragic rollover crashes involving religious groups on trips. In the past, a number of rollover crashes involved 15-passenger vans loaded with college students (often driven by a fellow student rather than a professional driver).

While federal law prohibits the sale of 15-passenger vans for the school-related transport of high school age and younger students, no such prohibition exists for vehicles to transport college students or other passengers. NHTSA also is considering the potential benefits of an additional warning label about rollover and seat belt use that would be visible to the driver and passengers of 15-passenger vans, respectively.]]> http://www.yourlawyer.com/articles/read/218 Wed, 13 Mar 2002 00:00:00 -0800 http://www.yourlawyer.com/articles/read/218
The vehicles can be difficult to control if they are overloaded and the driver makes a hard turn, Toyota spokesman John Hanson said. The problem was discovered during vehicle testing, and the company is not aware of it happening on the road, he said.

The recall, announced Wednesday by the federal auto safety regulators, covers the 1996-1998 model years. The problem only affects the two-wheel-drive models. Hanson said Toyota is recalling the four-wheel-drive versions to avoid confusion.

Owners will be notified by mail and dealers will replace the rear springs and other parts of the rear suspension free of charge.

Two separate recalls are for the Land Rover Discovery (news - web sites) II.

One involves 55,505 vehicles from the 1999-2001 model years. The antilock brakes can malfunction and result in a longer braking distance.

Those same vehicles and an additional 9,420 from the 2002 model year are also being recalled because the accelerator cable strands can break, increasing the risk of a crash.]]> http://www.yourlawyer.com/articles/read/202 Tue, 12 Mar 2002 00:00:00 -0800 http://www.yourlawyer.com/articles/read/202
In Northlake in 1989, another boy, also 4, was killed when he crawled under an ice cream van, trying to retrieve the cone he had dropped.

And closer to home, in both Carpentersville and Hoffman Estates, children were killed in similar accidents in the 1970s, prompting both villages to ban ice cream trucks more than 30 years ago.

Streamwood is considering doing the same. The village board has moved toward enacting a ban of its own, prompted by an alarming number of "close calls" involving children, said Acting Village Manager Gary O'Rourke.

"There's a real potential for kids to get hit. They just charge out of their house and run into the street when they hear the music," said O'Rourke, who claims the village gets complaint calls every year from worried parents.

The village board is expected to make a decision next week.

The ban in Streamwood would not affect ice cream vendors at park district functions such as youth baseball games, O'Rourke added. Instead, the trucks would not be permitted to cruise neighborhood streets.

"They come up my street all the time, and my kids chase them," said Streamwood Trustee James Cecille, who expressed his discontent at the safety hazard as well as the blare of the van's music box.

"But if people come to the public meeting next week and say they want to keep the ice cream vans, then I'll listen," he added.

Not everyone in Streamwood is expected to agree with the ban. Even in communities where ice cream trucks have been prohibited for years, the argument goes on.

In Carpentersville, Trustee John Noverini wants to bring the ice cream man back, saying the sound of the truck's bell, the swirling shapes of Popsicles, and the taste of strawberry ice cream are an American institution.

"Kids drown in swimming pools," he said. "But we don't go around banning pools. I find the Carpentersville's stance paternalistic - saying that people cannot take care of themselves," he said.

Hoffman Estates Village Attorney Richard Williams thinks that the comparison between ice cream vendors and public swimming pools is a gross oversimplification.

"At a pool, you have entire safety system in place - a fence, a lifeguard, a rescue procedure. You cannot enforce that with the ice cream trucks. It's unfair to think that Mom can be out in the yard monitoring the kids every second."

Hoss Rafaty, president of the Philadelphia-based International Association of Ice Cream Vendors, says municipalities can take a few easy steps to ensure that ice cream vending can be safe - rather than simply outlawing the time-honored tradition.

"Every problem has a solution," he said, "and cities should look for the solutions, which are already there."

He said the International Association of Ice Cream Vendors has authored several model resolutions, one of which was adopted by the federal public health department, requiring ice cream trucks to incorporate safety features such as flashing lights and a swing arm, like those used on school buses.

Also, ice cream trucks should be allowed only on streets with a posted speed limit of 30 miles per hour, or less, he said.

"Children can run out to chase a dog or a ball, as well as the ice cream vendor. The safety issue doesn't go away by just outlawing the ice cream trucks," Rafaty said.]]> http://www.yourlawyer.com/articles/read/190 Tue, 26 Feb 2002 00:00:00 -0800 http://www.yourlawyer.com/articles/read/190
The settlement was reached Thursday with the family of Marion Evans, 48, who died in 1998 after driving into a light pole in a parking lot on a rainy night.

When the air bag in Evans' 1998 Ford Ranger pickup deployed, it knocked her head back, fatally snapping her neck, family attorney Mario Palermo said. The truck was traveling 19 mph.

Computer sensors in the truck's data recorder revealed that it took 118 milliseconds after impact for the air bags to deploy, more than twice as long as Ford had determined as safe, lawyers for the plaintiffs and Ford said.

"The bags are supposed to deploy within 50 to 60 milliseconds. It doesn't seem like a lot ... but those seconds are crucial," Palermo said, adding that Evans' head got to within inches of the steering wheel before the bag deployed.

Lawyers for Ford said that Evans' death was caused by a congenital disorder in which several vertebrae in her neck were fused. That meant she was at extreme risk of dying in any car accident, Ford spokeswoman Kathleen Vokes said.

"The co-worker she was driving home in the passenger seat wasn't even wearing a seat belt, and he came away with no injury," Vokes said. "Both air bags deployed at the same time, but Evans was just extremely vulnerable. It wouldn't matter what car she was driving."

Ford lawyer Mark Boyle said the company agreed to the settlement, which came two weeks before a trial was to begin in federal court, because of the uncertainty of a jury trial and the computer evidence.]]> http://www.yourlawyer.com/articles/read/140 Mon, 11 Feb 2002 00:00:00 -0800 http://www.yourlawyer.com/articles/read/140
After deliberating about four hours, a Cook County jury on Friday ordered the Canadian National/Illinois Central Railroad to pay Fidel and Francisca Velarde $21.3 million. The jury awarded their daughter, Lilia Apulello, and her husband, Rafael, $34.4 million.

Both Apulello and her parents suffered severe brain injuries when their car was struck by a train Jan. 9, 2001, at the Army Trail Road railroad crossing in Bloomingdale, just west of Gary Avenue.

The warning gates were not working properly, the railroad company admitted in court. It had issued a warning to train crews to stop before going through the crossing, but the crew of the train involved in the accident was incorrectly told the warning had been rescinded, according to testimony.

Though the company accepted responsibility for the accident, railroad attorney John Kelly said Apulello, who was driving the car, could have avoided the accident if she had paid more attention to her surroundings.

Tim Cavanaugh, the Velardes' attorney, said he was pleased with the verdict but wasn't surprised.

"It was pretty clear from the start that the railroad made a mistake," he said. "The jury obviously understood and appreciated the impact of the injuries."]]> http://www.yourlawyer.com/articles/read/39 Fri, 21 Dec 2001 00:00:00 -0800 http://www.yourlawyer.com/articles/read/39
Chuck Burt, 26, of White Lake, Mich., was paralyzed on June 25, 2000 when a tire tread separation caused the vehicle to roll over on Interstate 96 in Livingston County, Mich., his attorney Bob Tyler said.

Burt was riding in the back seat with his daughter as his wife drove, Tyler said.

The case was scheduled to go to trial Jan. 7 in Livingston County Circuit Court, but Burt decided to settle with both companies, Tyler said.

``It becomes a client's decision. They have to look at what's being offered to them, what they can do with the remainder of their life, and make a practical choice,'' Tyler said.

``This is another example of the Firestone program to try to reach an appropriate settlement with injured parties whenever possible,'' said Bridgestone/Firestone Inc. spokeswoman, Christine Karbowiak.

The Nashville, Tenn.-based tire maker has settled close to 500 cases out of court so far, Karbowiak said.

Under pressure from the federal government, Bridgestone/Firestone agreed last year to recall 6.5 million ATX, ATX II and Wilderness AT tires.

Last May, the almost century-old relationship between Firestone and Ford was severed when the automaker began a program to buy back 13 million Firestone tires it believed would deteriorate quicker than competitors' tires.

In October, the National Highway Traffic Safety Administration closed its investigation after Bridgestone/Firestone agreed to recall 3.5 million more Wilderness ATs.

At that time, NHTSA downplayed the role of the Explorer in accidents that killed at least 271 and injured at least 700. But a NHTSA official later said that the agency is still examining the evidence and will likely decide by year's end whether to begin a formal investigation into the Explorer.]]> http://www.yourlawyer.com/articles/read/1093 Sat, 10 Jul 1999 00:00:00 -0700 http://www.yourlawyer.com/articles/read/1093
On Christmas Eve 1993, a drunken motorist slammed into the rear of the Chevy Malibu and the gas tank exploded. Patricia Anderson, her four children and family friend Jo Tigner were all burned in the fire.

The Los Angeles Superior Court jury focused on GM documents that the plaintiffs' lawyers said showed the carmaker knew its gas tanks were unsafe, but was unwilling to pay for a recall of the vehicles.

A key piece of evidence was a 1973 memo prepared by engineer Ed Ivey that said deaths from fires cost GM only $2.40 a car and fixing the tank in a Malibu would cost GM as much as $4 to $12 per car. Later, GM proposed a design standard that aimed to prevent fuel system leaks in survivable accidents.

Juror Sheila Nash said the verdict "tells them they are responsible. They knew what they were doing. They had records of what they were doing."

The huge award stands out because it is by far the largest in a recent series of product liability judgments against Detroit automakers.

While some legal scholars contend the large awards reflect a general mood in the nation to hold individuals and institutions more accountable for their actions, others argue the legal system has run amok as lawyers convince juries to reach into the deep pockets of corporations. General Motors spokesman Terry Rhadigan said the verdict will be appealed. "It was a very severe crash and we estimate the speed of the driver who struck this vehicle at 70 m.p.h.," Rhadigan said. "Unfortunately they were sitting still at a stoplight."

"This extremely severe crash was caused by a single factor -- drunken driving," Rhadigan said. "This crash was not GM's fault."

Jurors awarded Anderson, her children and Tigner $107 million in compensatory damages and $4.8 billion in punitive damages.

"Not only is this the biggest judgment against an auto manufacturer, it is the largest personal-injury verdict ever, and the loudest message ever sent that the kind of behavior GM engaged in is not acceptable and they need to clear up their act," said Ralph Hoar, an Arlington, Va., product-liability lawyer who has argued hundreds of cases against the automakers.

"These verdicts are happening because people are increasingly upset when they see evidence of corporate misbehavior and people being unaccountable for their actions," Hoar said.

Until Friday, the largest product-liability judgment had been the $262.5-million award against Chrysler Corp. in October. It was awarded to the parents of a 6-year-old boy who died after he was thrown from a Chrysler minivan that had a defective rear-door latch. That case is on appeal.

Prior to that, an Alabama jury ordered GM to pay $150 million to a paralyzed man who said a door latch failed on his Chevrolet truck and he was thrown out in a rollover crash.

Last August, a jury awarded $2.3 million in compensatory damages and $150.9 million in punitive damages against Ford Motor Co. in the case of a 3-year-old Nevada boy who had climbed into his parents' Ford F-350 pickup in 1994 to look for his piggy bank, fell or jumped out and went under the wheels of the truck as it rolled down their driveway. He died from the injuries. His parents, Jimmie and Ginnie White, were held 40-percent responsible for the accident, so Ford was required to pay only 60 percent of the $2.3 million in compensatory damages.

Industry analysts said it is unlikely Ford will ever have to pay the family anything near the punitive judgment. Historically, most huge jury awards are reduced considerably on appeal.]]> http://www.yourlawyer.com/articles/read/10 Sat, 10 Oct 1998 00:00:00 -0700 http://www.yourlawyer.com/articles/read/10
``The air bag just blew up in my face,'' Kelley recalled. ``It felt like someone reached through the window and punched me.''

Kelley, of Cheshire, Conn., who suffered no serious injuries, is among hundreds of consumers across the country reporting the scary experience of air bags' deploying without being triggered by a crash.

General Motors recently recalled nearly 1 million autos to repair such sensitive air bag systems. The federal highway safety agency is investigating another 1.6 million Chrysler, Mazda, Subaru and Mitsubishi vehicles based on complaints that the devices are inflating inadvertently, according to a review of agency records by The Associated Press.

Three-quarters of those autos are Chrysler minivans and cars. Chrysler engineers are examining the deployments, which they say are rare.

``We haven't concluded anything yet,'' said Chrysler spokeswoman Jodi Armstrong. ``The caution here is not to create undue panic because there is already so much panic out there about air bags.''

Public concern about air bags stems from the 108 deaths the government blames on the air bag itself in low-speed accidents since 1990. Most of those killed were children or small adults.

The National Highway Traffic Safety Administration recently expanded its investigation of Chrysler minivans to 878,000 Dodge Caravan, Plymouth Voyager and Town & County minivans from model years 1994 and 1995. There have been 28 consumer complaints - most involving driver air bags that blew open just after the driver turned the ignition key, the agency said.

Chrysler engineers are now focusing on whether an electrical short can occur in the air bag wiring. In some cases, Chrysler inspectors found damage on the minivans suggesting air bags went off properly after the vehicle collided with something on the road.

The government safety agency is also looking into:

Nearly 100 complaints from Dodge and Plymouth Neon owners that their dual air bags inflated when they hit a pothole or curb or were simply driving and hit nothing, leading to 13 crashes and 28 injuries. In a letter to the agency, Chrysler's Sue Cischke said that in many of these cases, the car's underbody or body struck something in the road. She said the Neon's air bag system was not defective.

More than 50 complaints that air bags deployed on 1995 and 1996 Mazda 626 and MX6 cars after the cars hit a pothole or curb, got a flat tire, the driver braked or for no apparent reason. There were 32 reported injuries.

Twenty-nine reports of both air bags inflating on some 1994 and 1995 Subaru Impreza and Legacy wagons causing 15 injuries after the underbody of the wagons hit a curb, bump or pothole or, in a few cases, hit nothing.

Five complaints that driver-side air bags deployed on the 1994 Mitsubishi Mirage and its twin, the Eagle Summit. Federal and local officials are investigating whether the February death of Kerri Valecek of Schaumburg, Ill., was caused by an inadvertent air bag deployment on her 1994 Mirage.

A lawyer for Ms. Valecek's family, Kevin Murphy, said it appeared the air bag ``just went off'' as she turned onto a vacant road on her way home from work. A police report says the car coasted over a snow bank that may have triggered the air bag. The coroner's report was inconclusive.

Mitsubishi spokesman Kim Custer said the company was investigating.

Earlier this month, GM recalled 1996-97 Chevrolet Cavaliers and Pontiac Sunfires and 1995 Cadillacs after more than 300 complaints of inadvertent deployments, allegedly causing 130 injuries. Most of those cars were recalled to change programming in the air bag computer.

Chrysler engineers say in many of the minivan cases, the air bag warning light was on, meaning owners should bring their vehicles to dealerships immediately for inspection.

Ross Kelley's grandfather, Ray, said the air bag warning light went on intermittently about a week before he left on vacation and asked his grandson to look after the minivan.

The older Kelley said he was going to have the minivan checked eventually, but was confused because the light went back off. ``They say it was my fault. No way.]]> http://www.yourlawyer.com/articles/read/8212 Sun, 17 Nov 1996 00:00:00 -0800 http://www.yourlawyer.com/articles/read/8212
The Lowndes County jury award was the largest ever returned against General Motors in a negligence lawsuit.

Hardy, 35, has been a paraplegic since his Chevrolet Blazer went out of control on U.S 80 in 1991. His lawsuit contended he was thrown out of the vehicle as a result of a faulty door latch.

GM lawyers said in the trial earlier this year that Hardy contributed to his own injuries by not wearing his seat belt. They also said he was thrown through a window and not out the door.

The car manufacturer also suggested that Hardy had been drinking alcohol prior to the wreck. Hardy said he had one beer before the accident.

GM was asking for a new trial.]]> http://www.yourlawyer.com/topics/overview/car_accidents Sun, 17 Nov 1996 00:00:00 -0800 http://www.yourlawyer.com/topics/overview/car_accidents Car Accidents Thousands of innocent people per year are injured in car accidents as a result of the careless driving of others. According to the U.S. Department of Transportation, nearly 43,000 people died in car accidents in 2002. More than one-quarter of Americans have been involved in a car accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Car accidents claim our very youngest and our very oldest populations. Americans from the ages of 1-33 are more likely to die from a car accident than from anything else. On the other side of the spectrum, elderly adults aged 75 and up are most affected by motor vehicle crashes.

Many people, including attorneys, regard auto accident litigation as a simple, open and shut type of case. In some situations, that may be true. In cases involving substantial injuries with questionable insurance coverage limits on the other vehicle, it, however, becomes much more.

There are attorneys who merely remind the client of the limited policy on the other vehicle and say that they should accept a settlement of their claim. This is not the case at Parker & Waichman, where every avenue of recovery is explored.

If you have been injured in an accident involving a motor vehicle, our car accident lawyers will open every possible area of investigation to recover for your injuries. Our experience in recovering in extraordinary circumstances is unmatched as we have been successful in achieving the best results for our clients for over 15 years.

If you or a loved has been injured in a car accident, please fill out the form at the right for a free case evaluation by a qualified personal injury attorney.]]>