http://www.yourlawyer.com/topics/overview/15-passenger_van_rollover Sat, 21 Nov 2009 07:29:20 -0800 pixel-app en http://www.yourlawyer.com/articles/read/9888 Sat, 28 May 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9888
A new research report confirms that improper tire maintenance on 15-passenger vans is a significant cause of rollover accidents. Mis-inflated tires change the handling characteristics of the vehicle. Surprisingly, 74% of all 15-passenger vans were found to have significantly mis-inflated tires as opposed to only 39% of passenger cars. Failure to use available seat belts also contributes to the high number of injuries and deaths associated with this type of van. Thus, operators are strongly advised to insist that all passengers buckle-up before taking to the road..

Personal Injury & Side Effects News ]]> http://www.yourlawyer.com/articles/read/9840 Thu, 26 May 2005 00:00:00 -0700 http://www.yourlawyer.com/articles/read/9840
In a new research report related to improper tire maintenance on 15-passenger vans, the NHTSA study found that 74 percent of all 15-passenger vans had significantly mis-inflated tires. By contrast, 39 percent of passenger cars were found with significant inflation problems. NHTSA research has consistently shown that improperly inflated tires can change handling characteristics, increasing the prospect of a rollover crash in 15-passenger vans.

"The vans are convenient, but drivers and passengers have to use extra caution. The risks associated with 15-passenger vans can be minimized if users take some basic safety precautions", said Jeffrey Runge, M.D, NHTSA administrator. "Routinely checking the condition of the tires, including the tire pressure, should be at the top of the list".

To reduce the risks associated with 15-passenger vans, NHTSAs safety advisory recommends that drivers insist all occupants wear safety belts at all times; drivers of 15-passenger are trained and experienced; tires are checked at least once a week, using the manufacturers recommended pressure levels; and no loads are placed on the roof of the vehicle.

Prior NHTSA research has shown that 15-passenger vans have a rollover risk that 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 (with fewer than five occupants).

Nearly 80 percent of those who died in 15-passenger van rollovers nationwide between 1990 and 2003 were not buckled up. Wearing safety belts dramatically increases the chances of survival during a rollover crash. In fatal, single-vehicle rollovers involving 15-passenger vans over the past decade, 91 percent of belted occupants survived.

NHTSA is reissuing this advisory to specifically alert summertime users of 15-passenger vans. The agency also has prepared a flyer on 15-passenger van safety that is available on the 15-Passenger Van Advisory page here
http://nhtsa.gov/cars/problems/studies/15PassVans/15PassCustomerAdvisory.htm.

The public is responding to safety information about 15-passenger vans. Fatalities from 15-passenger van rollover van crashes have declined 35 percent since advisories began in 2001.

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. An interpretation of this Federal law can be found at http://www.nhtsa.dot.gov/cars/rules/interps/files/17730.drn.htm.]]> http://www.yourlawyer.com/articles/read/8779 Mon, 01 Nov 2004 00:00:00 -0800 http://www.yourlawyer.com/articles/read/8779
The members of the Holy Prayer Apostolic Church were returning from a restaurant in Tyler when the van crashed late Sunday afternoon on Interstate 20. Several passengers were thrown from the van.

Authorities said the van left the roadway and the driver apparently overcorrected, causing the vehicle to flip several times before ending up in the median.

Church members prayed and reassured each other. "We thank God that they are all alive," Ella Mae Walker said. "We know it is going to be all right because we rely and trust in the Lord."

Walker said the injured ranged from 2 years old to an adult the driver.

Authorities were investigating. State troopers in Tyler said a total of 14 wrecks occurred on I-20 after thunderstorms moved into the area Sunday.]]> http://www.yourlawyer.com/articles/read/8456 Fri, 20 Aug 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8456
Calling the 2002 Econoline E-350 "a death trap waiting to happen," the plaintiff's attorney said inexperienced drivers and full loads increase chances such vans will roll over.

Ford has made changes to its 2006 model vans, designed to provide more stability when sensors detect unusual side-to-side movement, but the company said in a statement, "We remain confident that this is a very safe vehicle."

In 2002, the National Transportation Safety Board said the center of gravity of 15-passenger vehicles rises when the van carries more than 10 passengers, and rollovers are more likely.

Because of this finding, the board recommended in July 2003 that Ford strengthen the roofs of its 15-passenger vans and provide more safety belts, and it called for training Econoline drivers to better maneuver in emergency situations.

The current suit, filed in Almeda Superior Court in California, stems from an accident in Yermo, Calif., nearly halfway between Los Angeles and Las Vegas. A van carrying 14 young adults to a religious retreat rolled over on Interstate 15, killing five passengers.

The group had gathered at St. Antonius Coptic Church in northern California the previous day and set out on the 400-mile trek south, crashing onto the median only 20 minutes away from their destination.

The van's driver, Peter Demian, had been awake 19 straight hours at the time of the accident, according to the California Highway Patrol. No charges were filed against Demian, and he has not been sued.]]> http://www.yourlawyer.com/articles/read/8267 Thu, 29 Jul 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8267
Their daughter, Corinne Bardessono, 15, was killed in December when the 15-passenger Ford van she was riding in hit black ice on Highway 395 near Ritzville and rolled. Belen Campos, 17, also died in the accident. The two girls were classmates at Prosser High School.

So when the Bardessonos see the large vans, often with church names emblazoned on the side and filled with kids likely headed to or coming home from summer camp, they cringe.

"It's unbelievable," Tim Bardessono said. "Half of them (the passengers) weren't buckled up. It makes us sick."

The Bardessonos have filed a wrongful death lawsuit in Spokane Superior Court against Ford, Budget Rent A Car, Columbia Basin College, the Prosser School District and the van driver, Tom Nguyen, an academic adviser for the Upward Bound program.

The more people in the van, the higher the risk, said Rae Tyson, NHTSA spokesman.

A recent NHTSA analysis showed the risk also increased significantly at speeds over 50 mph and on winding roads.

Federal law prohibits the sale or lease of the vans to transport kids for school events. However, there are no federal regulations preventing churches, youth organizations or colleges from using them.

Studies by the NHTSA show that between 1990 and 2002, there were 1,576 15-passenger vans were involved in fatal crashes, resulting in 1,111 deaths. Of those, 349 were single-vehicle rollover crashes.

In more than 80 percent of single-vehicle accidents that resulted in a fatality, the vans rolled over.

That's exactly what happened when the van Corinne Bardessono and Belen Campos were riding in hit black ice.

CBC had rented two Ford vans to take high school students in the Upward Bound program to tour Eastern Washington University in Cheney. Upward Bound is a federally funded program that helps low-income students prepare for college or vocational school.

The lawsuit claims Ford knew its E350 van was defective in design and unreasonably dangerous because of its instability and tendency to roll over.

In addition, it holds CBC and the Prosser School District responsible for allowing the students to ride in a 15-passenger van.

Frank Murray, CBC's public information officer, said the college banned the use of the vans after the accident.

Prosser School District Superintendent Ray Tolcacher called the accident a tragic occurrence that is forcing the district to be more cautious then ever.

"We have always had a very safe record of transportation," Tolcacher said. "We travel a lot of miles on icy, snowy roads and our drivers are very cautious."

And he said the district is being even more careful when it comes to letting its students participate in activities where the district isn't driving.

For the Bardessonos, it's too little, too late.

The dangers of the vans have been known for years, yet colleges and even the federal government continue to buy and use the vans.

"People forget about safety because of the money," said Tim Bardessono. "And that's why Corinne isn't here."

The NHTSA says it's important drivers and passengers know the risks involved and take safety precautions. Van drivers should be experienced and trained, and passengers always should wear safety belts, Tyson said. In addition, passengers and cargo should be in front of the rear axle, and there shouldn't be any loads placed on the roof of the van.

A van's tires should be inspected once a month for excessive wear and proper inflation.

But the Bardessonos said the NHTSA has not taken enough action to get the vans off the road.

The lawsuit asks for unspecified damages and for the creation of a defendant-funded program to protect Washington residents "from the known dangers of the E350 Ford van."

The Bardessonos say it's worth it if they can save just one family from the pain they have been through. They said they are doing it for Corinne, a cheerful, funny, straight-A student who always worked to achieve her goals.

The Bardessonos are unwilling to let Corinne's spirit fade. Corinne's urn sits on the mantle of the fireplace in her room, surrounded by vases of dried flowers dropped off by friends and family after her death.

Each morning her mother turns on the stereo in Corinne's room, which is set to her favorite radio station, and lights a spindle of her daughter's incense to slowly burn.

All of Corinne's papers, poems, notes, report cards and letters are packed neatly into albums. Her appointment book, in which she listed her daily tasks and neatly marked them off as they were accomplished, sits opened to Monday, Dec. 15. ]]> http://www.yourlawyer.com/articles/read/8268 Sun, 18 Jul 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8268
As the group ascended a vaulting, dusty slope in Tijuana, Charlie Van Housen, the driver, looked to his right and whispered to youth pastor Rich Butler: Something wasn't right.

First, the power steering on the Gresham church's 15-passenger van went out. Then, Van Housen said, the bulky vehicle's brakes failed.

He managed to guide the van to a stop without losing control. If he hadn't, the consequences could have been devastating: When they get into accidents, 15-passenger vans roll over more often than any other vehicle on U.S. roads. And the more passengers on board, the higher the likelihood of a rollover.

The statistics aren't new. But they have prompted another warning this summer from the National Highway Traffic Safety Administration the third in four years for drivers to take extreme caution when operating the vans. An agency spokesman expressed alarm that so many vans still carry passengers.

Although churches, youth groups, social service agencies and employers have heard the warnings before, they now face challenges on another front: Insurance carriers across the country are raising premiums and imposing strict guidelines on the use of the large vans.

While some groups, like the Gresham church, have modified the vehicles, stopped using them to carry passengers or gotten specialized training for drivers, others have had to make a harder choice.

"Some are faced with just having to give up hope for their vans," said Rick Allen, regional vice president of Heffernan Insurance Brokers in Portland, which serves more than 100 nonprofit clients in the Portland area. "Your chance of getting insured is limited."

Seating reduced

Even those able to find coverage and afford the premiums sometimes can no longer use the vans for 15 passengers. Many insurance carriers have required clients to modify the vehicles by taking out the rear seats which sit behind the rear axle and can cause balance problems to lessen the maximum occupancy load.

The vans made by Ford, General Motors and DaimlerChrysler have a high center of gravity, and the extra passengers in the back make them more prone to rollovers in normally routine driving conditions, according to the traffic safety agency.

In 2001, the year the agency issued its first warning, 40,260 of the vans were manufactured. The following year, the number dropped to 32,873; figures after that are incomplete.

"We remain confident that this is a very safe vehicle," Ford is quoted as saying about its E-series vans in a March article in the Detroit News. A company spokeswoman, according to the article, said details that have emerged from lawsuits involving Ford's full-size vans show the vehicles were subject to driving conditions that no driver and vehicle could navigate safely.

For five to seven years, said Allen of Heffernan Insurance Brokers, insurance carriers have been moving away from offering coverage. The few carriers that will underwrite the 8,500-pound vans have raised premiums 20 percent to 50 percent, he said.

Besides demanding that the seats be modified, those that do underwrite 15-passenger vans require drivers to hit the books before hitting the road: Some carriers require that drivers either have a commercial license or complete special training.

Catholic parishes sell vans

The Archdiocese of Portland, which represents 124 Roman Catholic parishes, began phasing out use of its 24 15-passenger vans for transporting people several months ago because of the traffic safety agency's warnings and the increased insurance premiums.

Bud Bunce, spokesman for the archdiocese, said that in January the archdiocese asked parishes to sell the vehicles or limit their use to carrying cargo. As of July 1, Bunce said, archdiocesan parishes can no longer transport passengers in them.

In blunt terms, Allen said, insurance carriers are "opposed to underwriting 15-passenger vans because they don't want to accept the risks."

"If you have somebody driving a big van like that without the experience, you're asking for trouble," said Van Housen of East Hill Church.

The trip to Mexico was the last time the van would carry his parishioners. Six years later, the Ford E-350 sits in East Hill Foursquare Church's parking lot in downtown Gresham. Only two of the original 15 seats remain, and the church now uses it to haul supplies.

Fifteen-passenger vans are five times more likely to roll over if fully loaded with passengers than if occupied by only the driver, the traffic safety agency says. That number doesn't change much even with the addition of improved suspensions designed to help drivers avoid risky maneuvers. The safety agency reports that between 1990 and 2002 the latest figures available 1,111 people died in crashes of 15-passenger vans.

Florida fatalities

As recently as May, a 15-passenger van carrying 18 soccer players from Indiana crashed in Colorado, injuring all 18. Nine migrant workers died when all 18 occupants were ejected from their 15-passenger near Fort Pierce, Fla., in April.

(Federal law prohibits auto dealerships from selling 15-passenger vans to public schools, to avoid similar incidents involving schoolchildren.)

For Oregonians, the tragedy of these kinds of accidents hit home in June 2002. Five Oregon-based contract firefighters were killed after their 15-passenger Ford Econoline E-350 rolled four times en route to help battle blazes in Colorado. There were 11 people on board.

Liberty Northwest Insurance Corp. in Portland insured Grayback Forestry at the time of the incident. Mac McPherson, an underwriting supervisor with the insurance broker group, said many of the contract firefighter groups his company insured still use the large vans but are shifting toward smaller passenger vehicles.

The incident prompted Grayback Forestry, which contracted the five firefighters who died, to stop using its 15-passenger vans.

Other carriers say it isn't necessary for groups to ban use of the vans altogether. Guide One Insurance is one national carrier that supports its clients using the vans.

Assistance available

Dennis Lio, a career agent with Guide One in Beaverton, said the carrier provides its clients with online training, a manual for safe handling and modifications to the vans removal of the rear seats and installation of safety reminders for drivers. This not only reduces insurance costs but also helps prevent serious accidents, Lio said.

Although the carrier supports its clients who already have 15-passenger vans, it is not writing new policies for this type of vehicle.

"More and more of our churches are getting rid of them," Lio said. "The van's problems aren't going away."

Premiums for Guide One clients have jumped. Yearly premiums in the summer of 2003 might have peaked near $800, but that number could easily reach $1,200 or more today, Lio said.

"It's not that we're trying to make more money," Lio said. "It's that the safety of the passengers is paramount. The last thing we want is to have a group of kids go on a weekend trip and on the following Tuesday or Wednesday having a funeral service."

Other groups also are having to choose between higher insurance costs and the loss that comes with selling or trading the vans for safer vehicles.

Officials at the YMCA's national headquarters in Chicago say that although YMCA branches are autonomous, it has pushed for its chapters to avoid the vans.

"For a number of years we have regularly reminded our charters of the safety concerns," said Arnie Collins, a national spokesman for the YMCA, which has 2,575 branches in 972 communities. "If the U.S. government is concerned about the safety of children, so are we."

Rae Tyson, a spokesman for the traffic safety agency, said in light of the notoriety the vans have gained in the past several years, it is alarming that so many organizations continue to use the vans regularly.

As a percentage of people who die in all auto accidents, Tyson said, the number killed in 15-passenger vans is relatively small. However, he said, "I think any death is tragic, especially if it's preventable.

"When it happens, it just seems to be doubly tragic, because too often the crashes involve a church or youth group or senior citizens." ]]> http://www.yourlawyer.com/articles/read/8269 Sat, 17 Jul 2004 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8269
Four of the children, ages 9 and 10, were taken to Children's Hospital and were listed in fair condition Friday, said Patrick Rimmer, hospital spokesman. He said they were admitted with head, facial and abdominal injuries.

The driver was Tammy Milstead, 38, of Montgomery. She and five children, whose injuries were less serious, were taken to Baptist Shelby in Alabaster, where they were treated and released, said April Holcomb, spokeswoman for the hospital.

The wreck involved a 15-passenger 2004 Chevrolet Express 3500 van that was taking children from the Kidz First day camp in Montgomery to Visionland theme park in Bessemer for the day.

The van, traveling north on I-65 in northern Chilton County, rolled several times. The cause of the wreck is still under investigation, said Dorris Teague, spokeswoman for the Alabama Department of Public Safety.

The accident occurred about 10:30 a.m. at mile marker 225, Teague said. Of the 15 people traveling in the van, nine children and the driver were hurt.

Fifteen-passenger vans have come under fire in the last five years over safety concerns. Typically, these vans have seating for a driver and 14 passengers. They are widely used by churches and community organizations, but have a high risk of rollover accidents, according to the National Highway Traffic Safety Administration. The administration has issued several warnings against using such vans, especially to transport children.

NHTSA research has shown that 15-passenger vans have a rollover risk that increases dramatically as the number of passengers increases. The likelihood of a rollover when a van is fully loaded is about five times greater than when the vehicle contains only a driver, said Rae Tyson, spokesman for the U.S. Department of Transportation.

According to the NHTSA, the rears of the vans extend 4 to 5 feet beyond the rear wheels, and any loading of five or more people or luggage and equipment causes instability during emergency maneuvers such as sudden turns. This causes the vans to fishtail, and because they are top-heavy and overloaded in the rear, they are prone to roll over, Tyson said. ]]> http://www.yourlawyer.com/articles/read/8271 Tue, 30 Dec 2003 00:00:00 -0800 http://www.yourlawyer.com/articles/read/8271
Thirteen family members and a friend traveling near Charleston on Sunday joined a growing casualty list linked to the vans, which have been involved in more than 1,000 fatalities nationwide since 1990.

The death toll prompted numerous recent safety warnings and federal legislation banning sale of the vans to schools. Still, families with children routinely rent the vans, popular among church groups and sports teams, and aim for the highways with little more qualification than standard driver's licenses.

Anya Carson survived Sunday's crash on U.S. Highway 17 south in Jacksonboro. She said the family was not aware the vans were prone to rollovers.

"We didn't know anything about it," Carson said Monday during a telephone interview from her hospital room at the Medical University of South Carolina. "We wanted a van so the family could be together."

Mark Boyles, manager of Hoffman Rental in Lexington, N.C., the company that rented the van involved in the accident, said he is not required by law to give renters safety advice about the van, but he does so as a courtesy.

"I definitely make the customer aware that it is not a car they are driving," Boyles said. "I tell them it has a higher center of gravity and to take it easy and slow down. It sits up high, and it's more likely to roll."

Boyle said he told the woman who rented the van that it required extra caution. He didn't know if she shared that information with two men listed as drivers in the rental paperwork. One of them was believed to have been driving when he swerved to avoid hitting a dog and the van rolled several times.

The National Highway Traffic Safety Administration says 15-passenger vans require special driving skills, particularly when fully loaded. A van carrying 10 or more people is three times more likely to roll over than one carrying fewer than 10.

"There is no special training for driving a van," said Shelton Watts, vice president of Raleigh-based Triangle Rent A Car, which has operations in the Carolinas and Virginia. "We do advise people to be very careful. We rent quite a few of them."

The vans have been the subject of scrutiny in recent years following several high-profile accidents involving college sports teams. Last summer, a 15-passenger van carrying a group from Christ Gospel Church of Charleston blew a tire and flipped over four times on a Kentucky interstate highway. Several were injured. "We're just glad to be alive," Juann Edmondson said after the crash.

"There are a lot of them out there," said Max Young, director of highway safety for the S.C. Department of Public Safety. Sunday's crash involved a 1996 Ford Club Wagon. Several other auto manufacturers make 15-passenger vans. Some 500,000 are registered nationally.

Young said the only South Carolina regulation he's aware of is Jacob's Law. That law virtually bans public and private schools from using new or used vans to transport children. The federal law was directed only at new or leased vans.

Former Gov. Jim Hodges signed the law in May 2000 after lobbying from Columbia resident Lisa Strebler. Her 6-year-old son, Jacob, was killed July 12, 1994 while riding in a 15-passenger van owned by the private school he attended.

Authorities said several people were ejected from the van in Sunday's crash, sometimes an indication that seatbelts were not latched.

According to research by The National Highway Traffic Safety Administration, more than 80 percent of people killed in rollover crashes in 15-passenger vans were not wearing seatbelts.

Carson said she believes everyone in the van was wearing a seatbelt.

Boyles, the man who rented the van to the family, said he frequently takes his own family on vacations in 15-passenger vans, including a trip last year in the same van involved in Sunday's accident. "This is our first incident with one," he said of the 30-year-old company.]]> http://www.yourlawyer.com/articles/read/8277 Mon, 14 Jul 2003 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8277
That was the case on April 16, 2002 in Hernando County. A family from Maine drove a 15-passenger van while on vacation in the Tampa area. It was packed with grandparents, aunts and uncles when it rolled over and crashed near Interstate 75.

Two people died.

A similar accident involving a day care van happened on April 27, 2001 in Grand Prairie, Texas. Five children were injured. A sixth died.

Another accident in Brunswick, Virginia killed two people and six others were hurt. Jessie McHansen was among those who survived.

"After the accident everything changed," McHanson says. A wrecked shell is all that is left of the 15 passenger van that carried his family. His wife Tina didn't make it.

Another crash on March 3, 2000 in Manatee County carrying migrant workers killed four migrant workers and injured five others. The driver lost control and the van rolled.

Government records show 15-passenger vans were involved in 483 fatal rollover crashes from 1982 to 2001. The crashes killed 763 people and injured nearly 15-hundred more. The National Highway Traffic Safety Administration and the National Transportation Safety Board have both issued consumer warnings about 15-passenger vans. Government findings show the vans are three times more likely to rollover when carrying 10 or more passengers--then when carrying a lighter load.

The government says the problem with these vans is they're designed to carry cargo, not people. Bench seats and passengers shift the van's center of gravity up and back, making the van more likely to fishtail. A top-heavy design compounds the risk of a rollover.

It could be someone speeding, someone who runs off the road and rolls over, it could be a fire blowout that leads to rollover," says Jennifer Bishop with the N.T.S.B. "It could be a sudden maneuver that a driver makes."

But the government has not tested how a passenger van handles. So, Jessie McHansen's who lost his wife hired an attorney and found an automotive expert to conduct their own test.

Consumer group, Public Citizen suggests one way to make the vans safer: Install dual rear wheels. Shurtz tested this theory.

"They are both going 35 miles an hour doing the same accident avoidance maneuver, the same 2000 model van, says Shurtz. "One tips every time and the other handles like a car should handle."

Electronic Stability Control systems are another option that has support. E.S.C. systems, which are already in some S.U.V's, are computer controls that steady a vehicle by monitoring its movement. General Motors started using a stability control system in all its 2004 model 15-passenger vans. Chyrsler stopped manufacturing 15 passenger vans last year. Ford still makes them and points out its vans meet federal safety standards.

But 15-passenger vans fall into regulatory limbo. They're designed to carry more than 10 passengers so they don't have to meet the same safety standards as cars or sport utilities. And even though they're classified as buses, they don't have to meet the more stringent requirements of traditional school buses. Victims' families say unless that loophole is closed, more drivers will likely lose control of their vans and their lives.

Here's what you need to know if you drive a 15-passenger van. The vans should be operated by trained and experienced drivers. All occupants should wear seatbelts. N.H.T.S.A found that 80 percent of those who died in 15-passenger van rollovers nationwide in the year 2000 were not buckled up. Regularly check the tire pressure and tread to ensure that the tires are properly inflated and the tread is not worn down.]]> http://www.yourlawyer.com/articles/read/8272 Mon, 04 Nov 2002 00:00:00 -0800 http://www.yourlawyer.com/articles/read/8272
The NTSB, which is conducting a broad review of rollover accidents involving large passenger vans, is also calling on the National Highway Traffic Safety Administration to expand new rollover ratings to include 15-passenger vans.

NHTSA's current vehicle rollover ratings, and proposed plans for more dynamic rollover tests, apply only to passenger cars, trucks, minivans and sport utility vehicles.

"Given their high rate of rollover involvement in single-vehicle accidents, particularly under fully loaded conditions for which they are designed and are being used, the Safety Board believes that 15-passenger vans should be included in dynamic testing and proposed rollover resistance ratings," Carol Carmody, acting chairwoman of the NTSB, wrote in a Nov. 1 letter to Dr. Jeffrey W. Runge, NHTSA's chief.

In separate letters dated Nov. 1 and sent to the chief executive officers of General Motors Corp. and Ford Motor Co., the board urged the two automakers to evaluate and test the use of electronic stability control systems to help drivers maintain better control of large vans in emergency driving situations.

So-called ESC systems rely on computers to stabilize a vehicle by monitoring wheel movement and the direction the driver is steering. If a driver's intentions and the vehicle's movement don't correspond, sophisticated electronics selectively brake individual wheels or change power supplied to wheels, helping drivers maintain control.

In the letter to Ford and GM, the NTSB also said other devices such as traction control and systems that warn drivers when they unknowingly depart a traffic lane "may have the potential to assist drivers in maintaining control of (15-passenger vans)."

An estimated 500,000 15-passenger vans are in use on U.S. highways today. Based on NHTSA estimates compiled in April, 424 people have died in passenger van accidents in the United States since 1990.

GM spokesman Mike Morrissey said the automaker would most likely follow the NTSB recommendation.

"At first glance, it looks like it's constructive," Morrissey said. "We're more than willing to listen to the NTSB and whatever NHTSA has to say. We're continually looking to new technologies to improve our vehicles. Those are activities we're doing every day."

Ford spokeswoman Carolyn Brown said: "I'm sure we will look at what they're asking us to do. We stand behind the integrity and safety of the Econoline 15-passenger van, as we always have. We believe the vehicle is safe."
Suggestions often heeded

The automakers and NHTSA aren't legally bound to follow the safety board's recommendations. But in practice, NTSB suggestions are often adopted by federal agencies and manufacturers. Following a 1999 NTSB report that raised warnings about the use of 15-passenger vans by grade schools, many states adopted laws outlawing the practice.

The NTSB investigates and makes safety recommendations that cover accidents involving civil aviation and other modes of transportation. The agency played a large role in convincing automakers and manufacturers to encourage the proper installation and improve the performance of child safety seats in the mid-1990s.

NHTSA spokesman Rae Tyson said the agency would consider adding 15-passenger vans to its testing program, but its new car assessment program has historically excluded small-volume vehicles. With limited resources, NHTSA initially tests the biggest-selling vehicles to make the program relevant to the greatest number of consumers, Tyson said.

"Obviously, we share their concern about the safety of 15 passenger vans," Tyson said.

NHTSA proposed a new rollover road test for cars and trucks on Oct. 1. The test will consist of two extreme steering maneuvers a so-called "j-turn" and a "fishhook"on a test track. Results will be published through the agency's New Car Assessment Program, the familiar "star ratings" for crash tests aimed at consumers weighing a new vehicle purchase.

The NTSB says the tests should be expanded to include 15-passenger vans under various load conditions.

Rollover warnings

NHTSA has issued two separate consumer advisories about large passenger vans, which are popular with church groups and college athletic programs.

In April 2001 and May 2002, the agency warned that the chances of a rollover involving large vans increase greatly as the number of passengers increases. When carrying 10 or more passengers, the vans are nearly three times as likely to roll over than when carrying five or fewer passengers. When carrying 15 or more passengers, the vans were almost six times as likely to roll over.

"These vans are devastating," said Joan Claybrook, president of Public Citizen, a Washington-based consumer group. "It's an area where we are likely to see more litigation. The more you load these vehicles to serve the purpose for which they are sold, the more dangerous the vehicles become."

Large passenger vans including the Ford E350 Club Wagon, the Chevrolet Express 3500, the GMC Savana 3500 and the Dodge Ram Wagon have drawn more scrutiny among safety regulators and the insurance industry. And Detroit's automakers have been subject to an increasing number of product liability lawsuits brought by victims of crashes involving 15-passenger vans. DaimlerChrysler's Dodge division plans to discontinue the Ram van next year.

GM and Ford have 90 days to respond to the safety board's request.

Liability claims on rise

The Big Three face hundreds of millions of dollars in potential liability claims.

Ford, the dominant player in the van market with nearly half of all U.S. sales, is particularly vulnerable. There are about 80 cases pending against Ford alone, according to attorneys working on the issue.

Ford officials declined to discuss the magnitude of the legal challenge the automaker faces.

The company does not track numbers of cases related to a specific problem because there are so many, Ford spokeswoman Kathleen Vokes said. But Vokes cautioned that it would be wrong to judge the importance of an issue by the number of lawsuits filed.

"There are a lot of unfounded claims out there. There are a lot of frivolous cases."

The growing legal problem is especially bad news for Ford, which is still battling lawsuits related to Firestone tires and faces class-action suits from police departments alleging the Crown Victoria Police Interceptor has a faulty gas tank.

DCX lawsuit settled

DaimlerChrysler and GM face van-related lawsuits as well. A last-minute settlement Oct. 22 spared DaimlerChrysler from a high-profile trial in the fatal crash of a Dodge Ram 15-passenger van in Texas. Terms of the settlement were not disclosed.

But David Perry, a Corpus Christi, Texas, attorney who handled the case, said evidence uncovered during his preparation indicates the 1993 Dodge MaxiWagon van's rear axle is 15 percent overloaded when the van is full of people. Perry said internal Chrysler documents also indicate that the van's short wheel base contributes to a dangerous level of oversteer in emergency maneuvers.

In a letter sent Nov. 1 to federal safety officials, Perry asked for a defect investigation.

"I think it's going to be an ongoing issue," Perry said. "The chickens are coming home to roost. It will be a lot cheaper and more efficient for them in the future if they fix the problem as soon as they see it."

DaimlerChrysler spokeswoman Angela Ford said no one at the company had seen Perry's letter and could not comment on the specifics. However, she said the vans were safe if drivers were trained to handle their unique characteristics.

"These vehicles present no unusual risk to drivers when they are operated properly," Ford said.

High-profile crashes

Adding to the challenge for the automakers is the nature of van crashes: They tend to be especially deadly, with multiple victims, and are likely to make headlines in a local area. But with the NHTSA warnings and media attention, crashes that once would have been dismissed as tragic accidents are being scrutinized. They usually end up in court.

"There are more of these cases out there," said Sean Kane of Strategic Safety, a research group that works with plaintiff's attorneys. "This problem is not going to go away. You can't stop rollover from occurring in these vehicles." ]]> http://www.yourlawyer.com/articles/read/8266 Wed, 04 Sep 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8266
Its the 15-passenger van. As 60 Minutes II first reported last spring, the 15-passenger van is one of the most dangerous vehicles on the road in terms of rollover. Since the report aired, two insurers used by churches and schools say they won't cover any more 15-passenger vans, and several universities will no longer allow their athletes to be transported in the vans.

These vans looks like any other van, except they have been lengthened to hold more riders. The problem is, when the van is fully loaded, it is three times more likely to roll over in an emergency. All the American carmakers build a version of the van. Ford sells the most.

Step off a plane and the airport hotel is likely to pick you up in a 15-passenger van. Back home at the day care center, the kids are climbing aboard. Often its the shuttle for the park & ride, the lift to the universit. The YMCA drives them, the Post Office, too. And when Disabled American Veterans move en masse to lobby Congress, its the 15-passenger van that carries them.

They seem to be everywhere. There are about 500,000 of them on the road. Millions of Americans who ride in them dont give them a thought until the unique character of the van is suddenly, tragically revealed. Thats what happened to the First Baptist Church of Piedmont, S.C., when it sent its children on a Bible retreat. Their 15-passenger van rolled on the highway. Andrew and Joshua Wood were among those inside.

Their mother, Debra Wood, rushed to Joshuas hospital bed when she heard about the accident. His brother Andrew wasnt seriously hurt, but Joshua was unconscious and his mother, a former nurse, had a terrible fear.

I spoke to him as I put my hand on his forehead and I opened his eye and the nurse behind me gasped when I did that, she says. Im sure she didnt expect me to do that because his pupils were fixed and dilated and Ill never forget seeing that.

It was an indication of severe brain damage, she says.

Wood says she sat with him during the night, and talked to him and sang to him, and prayed with him.

He did not regain consciousness. The physician just turned to me and said, 'Your son is brain dead; theres nothing further we can do,' she says.

Since 1990, at least 424 people have been killed and hundreds seriously injured in rollovers.

Last spring, 12 members of the First Assembly of God Church in Burkeburnett, Texas, were on a shopping trip when their van rolled. Among the dead were Asline Hinostrosa, Patricia Oliver, Virginia Bean, and Dorothy Griffin, the driver.

Well the only thing I remember, Dorothy was trying to control it the best she could but it just, to me it seemed like it had a mind of its own, says Wanda Jenkins, one of eight survivors.

You can see what she means by a mind of its own on a test track. The vans are not unstable under normal conditions. The trouble starts with emergency maneuvers a quick turn of the wheel to avoid an obstacle or when a tire tread comes off.

The problem, according to auto safety experts, is the design the weight and balance of the van.

On most models, the car manufacturers have used the same wheel base. But you can see on the 15-passenger model, the back end has been extended. That means when it's fully loaded, there's a seat with four passengers behind the rear axle. That tends to make the back end heavy, so that when there's a sudden swerve, the rear end can swing out.

The second, critical issue, is that the van is top heavy. It has what engineers call a high center of gravity. The more people on board, the more top heavy it becomes. Milt Chase is an authority on rollovers. Hes an engineer who led the design of computer software that Ford uses to test rollover resistance.

I dont think a vehicle with their rollover rate should be on the road, he says of the 15-passenger van.

Chase showed how, in his opinion, the design of the van caused a Texas accident in 2000. He was hired to analyze the crash for a lawsuit against Ford. Four athletes from Prairie View A&M University were killed when the driver swerved to miss a car.

Looking at the simulation, Chase says: You can see the back end swinging around. The tires on the outside of the turn at the same time, maintain their grip on the road. And thats enough to pull the vehicle over.

In the Prairie View crash, the van rolled four and a half to six times, nearly covering the length of a football field.

Ford builds the most 15-passenger vans, followed by Dodge. GM has just five percent of the market, and an even smaller fraction of the fatal rollovers. The GM van is a different design. The wheel base is longer. Engineers say that lowers the chance the van will skid sideways. But when loaded, the GM is still top heavy much like the Frod and Dodge.

Ford calls its van the E-350. It started building them about 25 years ago. And according to a former Ford engineer, there was reason to question the vans stability from the start. John Stilson has testified against Ford in lawsuits.

He told Pelley what he saw on Fords test track back in the 1970s when a prototype of the van went into a series of hairpin turns: They have three or four hairpins and they have to drive the vehicle through these hairpins when the vehicle is on the test track. When the vehicle went through those maneuvers and into those curves, I could see that an experienced test driver was having a very terrible time trying to control the vehicle.

What hope does a coach, a housewife, a choir director have? Says Stilson: None. Not if that rear end breaks loose, the vehicle is going to go unstable.

Ford had another indication in 1993. That year, Ford gathered federal crash statistics that showed the 15-passenger van was a standout with a high rate of fatal rollovers compared to other trucks and vans. Six years after its internal analysis, Ford built the van that killed those four Prairie View A&M track stars: Vernon James, Jerome Jackson, Houston Watson and Jason Sturns.

Patricia Sturns, Jasons mother, saw it on the news: I saw the black bag that he had. It was a set of luggage that he had received from the family for a Christmas present and I saw it sitting in the middle of the highway. Then of course I saw the words Prairie View A&M mens track team. And as a mother you just feel these things and you know.

College sports teams were hit hard in 2000, with a string of rollovers. On Jan. 13, the Kenyon College swim team: one dead. The next week, DePaul Universitys womens track team: three injured. The week after that, the University of Wisconsin, Oshkosh, swim team: 2 seriously injured. The week after that, Prairie View A&M. All these vans were Fords.

This series of crashes caught the attention of the National Highway Traffic Safety Administration. It investigated the vans record and issued a rare warning concerning the Ford, Dodge, Chevrolet and GMC vans. The warning says the risk of rollover increases dramatically as the number of occupants increases The agency studied single-vehicle accidents in which at least one person was killed. It found that with 10 or more passengers, 85 percent of the crashes involved a rollover.

The government doesnt require any rollover standards. Stilson says that Ford has internal standards.

Pelley: And they use those guidelines in developing their vehicles?
Stilson: Some vehicles
Pelley: Some vehicles?
Stilson: Yes.
Pelley: Which vehicles?
Stilson: The vehicles other than vehicles that weigh more than 8,500 pounds.
Pelley: And the 15-passenger van is over 8,500 pounds.
Stilson: Yeah, in fact in the vans and wagons, thats the only one thats over 8,500 pounds.
Pelley: Why would they do that?
Stilson: cause it cant pass the test. Its that simple.

There s one rollover resistance test, a computer simulation, that Ford does on most of its vehicles but not the 15-passenger van. Since Ford doesnt run the test, we asked engineer Milt Chase to run it for us.

The result: In the gross vehicle weight or the most heavily loaded, the vehicle rolled over at least three times out of four. So its a disaster, in a sense.

Ford has argued in the past that computer simulation doesnt reproduce the real world performance of this van. So we looked in on a series of tests that were being run on a track in preparation of a lawsuit against Ford.

Robert Hooker with Eliseco Systems of Colorado runs vehicle tests in dozens of cases against carmakers. Hooker is testing a 1995 Ford 15-passenger van. Its a test for a lawsuit involving the crash of the South Carolina church van in 2000.

The test van was loaded with water tanks to simulate 13 passengers plus the driver. Instruments were attached to record steering, speed all the forces on the van.

The van tipped over on its outriggers at 40 miles an hour. At slower speeds, the van did better it did not lift off the ground in two tests at 25 miles an hour and one at 30 miles an hour. In another testthe double lane change thats designed to simulate an emergency maneuver, the van tipped at 35 miles an hour.

The final test is one engineers call the fish hook its designed to push a vehicle to its tipping point. The van lifted at 35 miles an hour.

Ford argues that those tests are unreliable. In fact, in 1999, in a 15-passenger van lawsuit, Fords lawyers said that Hookers tests were outrageously severe stunts for the sole aim of tipping up the vehicles. But the judge allowed Hookers tests. A jury ordered Ford to pay the victims about $20 million. The case is under appeal.

Ford declined an interview but the company sent this letter. Its says Ford tests its 15 passenger Econoline van in a broad set of handling evaluations, including extreme maneuvers beyond the capability of normal drivers Ford wrote the vehicle meets our stringent internal guidelines, which contain an ample margin of safety.

But Ford also included these words of caution for drivers avoid sharp turns, excessive speed and abrupt maneuvers We asked engineer Milt Chase about that advice.

There can be situations, something falling off a truck in front of us or someone darting out, or a deer, and the only thing that can avoid a collision is to swerve, to say avoid that avoidance maneuver is asking something unreasonable."

The accidents keep coming. It happened again last week, when a U.S. marshals van carrying federal prisoners rolled in Texas two people were killed. The week before in Florida, another rollover and 15 injured. They are accidents all too familiar to survivors like Rosalie McCarty from that Texas church van rollover: I fear for the people that have them, for the churches, the different organizations that have these vans, the colleges. We were in Oklahoma City at a college. And there was five of em just like ours parked out there and I cringe at the thought of anyone getting in those vans.

Deborah Wood, whose son Joshua was killed in 1996, says she notices the vans all over town.

Every time I see one, I just always say a prayer for the people I see on those vehicles, she says.

Both Daimler/Chrysler and General Motors declined interviews. GM told us its longer wheel base results in a more stable vehicle that allows the driver more control Chrysler said its 15-passenger van is subjected to a wide range of strenuous handling and stability maneuvers But it added that the vans require the driver to understand the unique characteristics of the van.

Safety experts tell us that, to drive a 15-passenger van with greater safety, it must be loaded with no more than 10 passengers. Those passengers should be seated toward the front, seat belts are essential. Its also important to maintain the tires. In the words of one engineer we talked to, "the tires on a 15-passenger van must never fail. ]]> http://www.yourlawyer.com/articles/read/8270 Mon, 15 Apr 2002 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8270
The safety agency also unveiled a consumer flyer for users of 15-passenger vans.

NHTSA research has shown that 15-passenger vans have a rollover risk that 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 vital that users of 15-passenger vans be aware of some safety precautions that will significantly reduce the risk," said Dr. Runge.

Among the recommendations are the following:

It is important that 15-passenger vans be operated by trained, experienced drivers.

Insist that all occupants wear seat belts at all times. Eighty percent of those who died in 15-passenger van rollovers nationwide in the year 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.

NHTSA is reissuing this advisory to specifically alert summertime users of 15-passenger vans. The agency also has prepared a flyer on 15-passenger van safety that is available on the web at www.nhtsa.dot.gov/cars/problems/studies/15PassVans/Index.htm. The agency 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.

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. ]]> http://www.yourlawyer.com/articles/read/8276 Mon, 09 Apr 2001 00:00:00 -0700 http://www.yourlawyer.com/articles/read/8276
NHTSA said that while 15-passenger vans have a rollover risk that is similar to other light trucks and vans when carrying a few passengers, the risk of rollover increases dramatically as the number of occupants increases from fewer than five to ten or more.

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

NHTSA's analysis revealed that loading the 15-passenger van causes the center of gravity to shift rearward and upward, increasing the likelihood of rollover. The shift in the center of gravity will also increase the potential for loss of control in panic maneuvers.

The rare consumer advisory was prompted by a number of accidents involving college sports teams. Four members of the track team of Prairie View A&M University in Texas were killed and seven injured when their van rolled over on the way to a meet last year. Other serious rollovers involved the Wisconsin-Oshkosh swim team, the DePaul women's track team and the Kenyon College swim team.

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.

Also, the vans are often used for high school groups despite the federal ban. Last summer, a 2000 Dodge van carrying 10 students from Long Island's Chaminade High School veered off an Arizona highway near the Grand Canyon and overturned, killing one student and the teacher who was driving the van.

Police said the van was traveling north on Route 64, a narrow two-lane strip of highway leading to the Grand Canyon, when it ran off the pavement. Brother Lawrence John Zarzycki overcorrected and the van overturned, police said. The students had been on an academic tour of national historic sites at the time of the accident.

NHTSA's analysis reinforces the value of seat belts. Eighty percent of those nationwide who died last year in single vehicle rollovers last year were not buckled up. Wearing seat belts dramatically increases the chances of survival during a rollover crash. NHTSA urges that institutions using 15-passenger vans require seat belt use at all times.]]> http://www.yourlawyer.com/topics/overview/15-passenger_van_rollover Mon, 09 Apr 2001 00:00:00 -0700 http://www.yourlawyer.com/topics/overview/15-passenger_van_rollover 15-Passenger Van Rollover You will never guess what is one of the most dangerous vehicles on the road in terms of rollover? It’s a vehicle commonly used by schools, day care centers, hotels, churches and scout troops. It's the 15-passenger van. Many insurers say they won't cover any more 15-passenger vans and several universities will no longer allow permit athletes to be transported in the vans.

These vans look like any other van, except they have been lengthened to hold more riders. Ford sells the most 15-passenger vans, but all the American car makers build a version of the van. The airport hotel is likely to pick you up in a 15-passenger van. At the day care center, the kids are climbing aboard. Often it’s the shuttle for the park & ride, the lift to the university. The YMCA drives them and the Post Office. When Disabled American Veterans go to lobby Congress, it’s the 15-passenger van that carries them.

There are about 500,000 of them on the road. Millions of Americans who ride in them don’t give them a thought until the unique character of the van is suddenly and tragically revealed. That’s what happened to the First Baptist Church of Piedmont, S.C., when it sent its children on a retreat. Their 15-passenger van rolled on the highway. Since 1990, at least 424 people have been killed and hundreds seriously injured in rollovers. Last spring, 12 members of the First Assembly of God Church in Burkeburnett, Texas, were on a shopping trip when their van rolled.

The problem, according to auto safety experts, is the design, the weight and balance of the van. On most models, the car manufacturers have used the same wheel base. But you can see on the 15-passenger model, the back end has been extended. That means when it's fully loaded, there's a seat with four passengers behind the rear axle. That tends to make the back end heavy, so that when there's a sudden swerve, the rear end swings out. The second, critical issue is that the van is top heavy. It has what engineers call a high center of gravity. The more people on board, the more top heavy it becomes. Milt Chase is an authority on rollovers. He’s an engineer who led the design of computer software that Ford uses to test rollover resistance. “I don’t think a vehicle with their rollover rate should be on the road,” he says of the 15-passenger van.

Ford builds the most 15-passenger vans, followed by Dodge. GM has just five percent of the market, and an even smaller fraction of the fatal rollovers. The GM van is a different design. The wheel base is longer. Engineers say that lowers the chance the van will skid sideways. But when loaded, the GM is still top heavy much like the Ford and Dodge. Ford calls its van the E-350. It started building them about 25 years ago. And according to a former Ford engineer, there was reason to question the van’s stability from the start.

If you or a loved have been injured in a 15-passenger van rollover, please fill out the form at the right for a free case evaluation by a qualified personal injury attorney.]]>