Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

On June 2, 2008, after many years of prodding by consumer advocacy groups and attorneys, the National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory concerning aging tires. This follows numerous lawsuits involving Explorer/Firestone rollovers, which made the public aware of the potential dangers of tire aging. Additional industry documents and studies have made clear that tires more than six years old are hazardous to drivers, and can result in tread separations, crashes and rollovers.

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In June, we reported that the U.S. Senate panel reviewing a National Highway Traffic Safety Administration (NHTSA) proposal for increased standards in roof strength had asked the agency to delay its decision, originally scheduled for July 1. The NHTSA agreed to further review of the policy, and set a new date for release on Oct. 1. Yesterday, the agency announced another delay, pushing the decision back to December, according to a report in the Detroit News.

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As youngsters head back to school, many will be sharing the ride on public transportation or a school bus. In many cases, students traveling to smaller schools, special events or sporting activities may climb into a 15-passenger van. The vehicle is a popular choice to relatively inexpensively and conveniently transport small groups. But it could be deadly.

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I’ve heard of the expression of someone not being able to walk and chew gum at the same time, but apparently the newest reality involves the ability to walk and text at the same time. A recent study reveals a growing incidence of injuries, some severe, and even death, as a result of text messaging. Walking, riding a bike, driving or even rollerblading, all while trying to send text messages, is hazardous to your health.

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the roof is an important structural component of a vehicle and is critical in keeping the occupant safe

To protect occupants in a rollover, maintaining survival space is very important. Survival space is the area around an occupant that remains free of intrusion in an accident. It is the area in which an occupant is able to “survive” the crash. The roof is part of the structural support of a vehicle and is therefore a critical component in keeping the occupant safe.

If a roof crushes substantially during an accident, from a failure of the side rails, headers or support pillars, catastrophic injuries can occur. Often, this decreased survival space results in the occupant’s head impacting some portion of the vehicle causing death, paralysis or brain damage. Sometimes, the occupant can even be partially ejected through an opening created during roof crush.

The National Highway Traffic Safety Administration has proposed an upgrade Federal Motor Vehicle Safety Standard No. 216 (FMVSS 216) would require that a roof withstand an applied force equal to 2.5 times the vehicle’s weight while maintaining sufficient headroom for an average size adult male. The current standard is 1.5 times the vehicle’s weight. Consumer groups, led by the People Safe in Rollovers Foundation, call for an even stronger standard of at least 3.5 times the vehicle’s weight.

The new standard also would for the first time extend roof strength standards to vehicles with gross weight ratings up to 10,000 pounds. The current standard applies only to vehicles with ratings up to 6,000 pounds, which means about 44 percent of the SUV and pickup fleets currently are exempt.

legal precedent

On September 30, 2003, a Nebraska jury awarded approximately $19.5 million to Penny Shipler, a 36-year-old mother left paralyzed from the neck down in a 1997 accident. She was a passenger in a 1996 Chevrolet Blazer when the vehicle was involved in an accident and rolled over. The roof crushed on Ms. Shipler causing her to suffer a complete spinal cord injury.

General Motors ignored the problem

GM has known for many years that their roofs are too weak. Instead of making the roofs stronger, it relies on inadequate government standards that fail to require manufacturers to conduct dynamic rollover tests on their roofs. GM has failed to build its vehicles with sturdier roofs, and, as a result, people like Ms. Shipler continue to be severely injured or killed. What happened to her was foreseeable and certainly could have been avoided.

There may be a roof crush lawsuit if the roof has deformed or crushed or opened over the occupant’s head by deforming sideways.

Do you have a roof crush claim?

If your loved one has suffered a serious injury or death as a result of roof crush injury, you may be entitled to compensation for medical expenses, loss of wages, and pain and suffering.

Please contact our roof crush lawyers today by filling out the brief questionnaire, or by calling our toll free number (1-800-898-2034) for a free, no-cost, no-obligation legal evaluation of your case.

A deadly rollover auto crash in Florida prompted a federal investigation and recall of 6 million tire valve stems after investigators alleged the accident was caused by a cracked stem, according to a report published in Lawyers USA. The recalled product was manufactured in China by Shanghai Baolong Automotive Corp. between July 2006 and November 2006. There could be as many as 36 million of the potentially defective stems currently in use on a variety of automobiles.

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A U.S. Senate panel recommended Wednesday that a National Highway Traffic Safety Administration (NHTSA) proposal on vehicle roof strength requirements be amended so that it does not limit the ability of plaintiffs to sue automakers in roof crush cases, according to an Associated Press report.

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A Senate hearing on roof crush strength and related driver and passenger safety in vehicle rollover accidents is set for Wednesday, June 4, from 10-11:30 a.m. ET in room 253, Russell Senate Office Building, Washington, D.C. Sen. Mark Pryor, chairman of the U.S. Senate Subcommittee on Automotive Safety, called for the hearing after meeting with representatives from non-profit citizen action group People Safe In Rollovers Foundation.

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vehicle Rollover accidents account for one third of auto accident fatalities

Statistics show that approximately 10,000 people in the United States die in vehicle rollovers each year. Rollovers constitute only 3 percent of passenger vehicle crashes, but they are the most deadly, accounting for a full 30 percent of the fatalities.

Additionally, about 24,000 people are seriously injured in rollover crashes in the U.S. each year.

Sport Utility Vehicles (SUV) rollovers

Sport Utility Vehicles (SUV’s), and other tall, narrow vehicles are prone to rollover. After a driver makes an avoidance maneuver they should be able to regain control of their vehicle, or, the vehicle should “slide out” on the road without rolling over. A vehicle should never roll over because of friction forces alone, nor should a vehicle ever roll over on dry flat pavement.

Rollovers will occur off the road when the vehicle furrows in soft ground, after contact with other vehicles, or when the vehicle is tripped by obstructions like potholes or curbs.

15-passenger van rollovers

Rollovers with 15-passenger vans are prevalent. These vehicles are inherently unstable and have a high propensity to roll over which increases as more passengers are added. The more passengers you add, the higher likelihood there is of a tire failure on the rear of the van, which could then result in a rollover.

Data for 1991-2000 in the fatal accident reporting system (FARS) of the National Highway Traffic Safety Administration (NHTSA) indicate about 52 percent of the 15-passenger vans involved in a single-vehicle fatal accident were in a rollover. This compares to 33 percent of passenger automobiles involved in accidents. Additionally, 81 percent of 15-passenger van fatalities are from single-vehicle rollover accidents.

Unfortunately, the tires on these vans ‘float’ and lose traction with the road when weight distribution is uneven over the axles. Therefore, the vehicle does not respond properly to steering input from the driver, causing control and handling problems that often result in rollover accidents.

These 15-passenger vans are often used to transport school children, church groups, and sports teams.

NHTSA research reported in 2001 that 15-passenger vans with 10 or more occupants had a rollover ratio of 85 percent compared with the ratio of 28.3 percent for vans with fewer than five occupants.

signs of a potential rollover problem

There may be a rollover/stability problem if:

• the vehicle rolls over on the roadway;
• the paved road is smooth and dry; tire marks on the roadway end abruptly;
• and there is no “tripping mechanism” such as a pothole or curb.

Do you have a rollover claim?

If your loved one has suffered a serious injury or death as a result of a vehicle rollover injury, you may be entitled to compensation for medical expenses, loss of wages, and pain and suffering.

Please contact our rollover lawyers today by filling out the brief questionnaire, or by calling our toll free number (1-800-898-2034) for a free, no-cost, no-obligation legal evaluation of your case.