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Archive for the 'Vehicle Rollovers' Category

New Federal Roof Crush Standards Will Minimize Injuries from Rollover Accidents

Tuesday, May 12th, 2009

For years, the National Highway Traffic Safety Administration has had the same standards for the roofs of passenger vehicles to prevent injury to occupants during a rollover accident. Those standards could soon change.

The federal government will require car manufacturers to make the roofs of these passenger vehicles strong enough to withstand pressure that’s equal to up to three times the vehicle’s curb weight. The earlier standards required the roof to withstand pressure that is just one and a half times the curb weight. The older standards also limited the pressure weight to 5,000 pounds. The new standards will do away with that limitation too. Besides, pressure will now be applied to vehicles based on the manner in which pressure is applied during an actual rollover. Under the new standard, both sides of the roof will have pressure applied to it during testing. Safety advocates have called for double sided tests for years now. According to them, the two-sided test is a more correct reflection of what actually happens in a rollover accident.

Even safety advocates and California car accident lawyers have been surprised at how stringent the new standards are. The NHTSA has been working on these new standards for close to ten years now. In 2005, Congress asked the agency to develop roof crush standards that could protect occupants during a rollover accident.

The number of people who die in rollover accidents every year is approximately 10,000 according to NHTSA statistics. However, out of these, only 667 die because of roof crush and collapse. The vast majority of the victims die when they are ejected from the vehicle. The agency is now considering whether a roof test should be added to the New Car Assessment program, the consumer rating system that rates front and side impacts.

The new NHTSA standards will apply to all passenger cars, but not to heavier vehicles like full-size pickup trucks, as well as sports utility vehicles that are more than 6000 pounds in weight. Vehicles like SUV’s that weigh above 6,000 and below 10,000 pounds will be subject to different standards. These vehicles must withstand 1.5 times the curb weight of the vehicle. The agency has also made an exception for large passenger vans that are capable of carrying 12 to15 people. These large vans have a tendency to rollover at high speeds or while making a turn. The agency itself has warned several times that these passenger vans have a tendency to rollover. Convertibles are also exempt for the new standards. Consumer and auto safety advocates are calling for these vehicles that also carry passengers, to meet the same roof crush standards as the smaller cars do.

The agency has developed standards that we hope will protect car occupants in case of a rollover accident. We will begin to see new standards by September 2012, and by model year 2017, full fleets are expected to be in compliance.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of rollover accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

The Reeves Law Group is not acting as legal counsel for any party in the matters discussed in this posting.

Rollover Accidents: Ford Will Have to Pay

Friday, October 31st, 2008

Since 1999, Ford Motor Company, America’s oldest automaker, has been in the news for all the wrong reasons, not least for its Explorer-related SUV rollover accidents. A defect in the Ford Explorer’s design that causes it to flip over like an empty tin can in the event of loss of control or a burst tire, has been linked to hundreds of deaths in the US, not mention many more severe injuries, including spinal cord injuries and brain injuries.

The defect is in the design of the Explorer, which causes instability in the vehicle when the driver loses control of it at high speeds, or in the event of a burst tire. This instability causes the vehicle to somersault and roll over, in most cases, several times. Drivers and passengers are ejected or partially ejected from their seats, and in many cases, these rollover accidents have left passengers with permanent brain and spinal injuries.

The list of accidents in which Ford’s rollover defects have been seen as playing an important role has been a lengthy one, and Ford has found itself the subject of several personal injury and wrongful death lawsuits over the years. The company however, has stubbornly refused to accept any responsibility for the manner in which it has allowed defective vehicles to roll off of factory shop floors and into automobile showrooms around the country. Over the years, Ford has paid millions of dollars in compensation to families of persons killed or left brain damaged or otherwise seriously maimed, as a result of a rollover accident.

Ford’s callousness and utter disregard for its customers and their concerns led to the filing of a class action lawsuit by customers against the dwindling values of their Explorers. The lawsuit called for a share of the profits that Ford had made though sales of its Ford Explorer, and was brought by customers who claimed that values of their Explorers dipped sharply after the vehicle came under the scanner for the increasing number of rollover accidents it was involved in. As it turned out, when a verdict came out earlier this year, the only compensation customers got for their troubles was the promise of a $500 voucher on the purchase of another Ford Explorer. So, if they weren’t satisfied with their gas-guzzling, rollover-prone contraption, they could just go out and get a $500 discount on purchase of yet another gas-guzzling, rollover-prone contraption.

This nonchalance with which Ford has conducted its affairs in the wake of all the defective product scandals associated with it hasn’t gone unnoticed by the public. The Explorer is no longer the highest selling SUV in the country, proof that Ford’s arrogant attitude and tendency to blame everything and everyone, but itself for its defective vehicles, have come home to roost.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of rollover accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Two Killed in San Jose Car Accident

Tuesday, October 14th, 2008

It had all the signs of a rollover accident involving the Ford Explorer – the flipping over of the SUV several times, the ejection of passengers, the deaths and the serious injuries resulting from the car accident. At the end of it, two people were dead, and at least four others were seriously injured.

According to a news report by the San Jose Mercury News, the car accident occurred on Sunday on Highway 237 west of North First Street. The Ford was being driven by 18-year old Fernando Valencia, an East Palo Alto resident. There were five other occupants, all children between 4 and 15 years of age. All children were residents of Milpitas. There’s no information about the identity of the kids, or their relationship to Valencia.

For reasons still unknown, the Ford Explorer veered and hit a 1996 Nissan. The impact caused the Nissan to go out of control, and smash into a guardrail at the right side of the road. The Explorer meanwhile rolled over several times. At least five of the 6 people inside the SUV were ejected out of their seats, and onto the highway. The car finally came to a rest on a center divider. All passengers in the car suffered some amount of injuries. A 4-year-old in the car suffered a broken leg, while a 6-year-old suffered a broken arm. A 10-year old suffered facial lacerations. The 15-year old seemed to have minor injuries, and was taken to the Regional Medical Center of San Jose after complaining of some pain.

There were two people in the Nissan. The driver, a 52-year-old man, and his 42-year-old passenger, both escaped injuries. They were found to be not at fault in the car accident, and were released at the scene of the accident. Compare this to the kind of destruction that was wreaked on the Explorer.

Initial investigations of the car accident are still on. The police are also looking into the absence of child car seats in the car, and the possibility that the passengers in the SUV weren’t wearing seat belts. There have been some comments made by officials about the fact that there were all these kids in the car, driven by an 18-year-old driver.

We might be looking in all the wrong places for clues as to the reason for the car accident. The fact of the matter is that during an SUV rollover accident, often no amount of restraints and seat belts will eliminate injuries received in the car accident. Over the years, we have seen hundreds of Explorer-related car accidents - all follow a predictable path during a vehicle rollover accident. There is a collision, not always very severe in intensity, and while the occupants of the other car get away with minor injuries, and no loss of life or limb, the occupants of the Explorer are ejected from their seats. If they are wearing seat belts, it isn’t really a guarantee of their safety in the Explorer, because they are very likely to be partially ejected from their seats. There’s catastrophic injury to the passengers, which is only to be expected as several thousands of pounds of steel are flipped over and over on concrete, like an empty tin can. Unfortunately, it seems like this car accident might be just another rollover-related car accident involving the Ford Explorer.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of car accidents and rollover accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

SUV Rollover Accident Kills Two California Residents

Monday, July 7th, 2008

It was supposed to be a joyful journey back home after their beloved bichon frise dogs were crowned American Kennel Club champions. Instead, it turned into a tragic rollover accident that killed one each of both couples who were in the SUV.

The two couples, Verna and William File of San Jose, and Vickie and Royce McFadden of Stanislaus County, were returning to California from Missouri, where they had just picked up their dogs, Beau and Lacy. The two dogs had spent the last two months in training entering various dog competitions, before finally winning the prestigious American Kennel Club championships.  While driving through Colorado, police suspect that the SUV, a GMC Yukon, drifted off the left side of the road, and when the driver attempted to correct, it rolled over at least twice before coming to a stop on its top.

Royce and 65-year-old Verna was declared dead at the scene as a result of multiple injuries suffered in the car accident. Their spouses, 68-year-old William File and 58-year-old Vicki McFadden, were airlifted to the hospital.

In fact, it’s certain that there were at least three bichon frise dogs in the SUV – the two prize-winning dogs, Beau and Lacy, and at least one more dog. The three have been taken for veterinary treatment.

It may be awhile before we know more details about the car accident. The police are conducting investigations, and have so far, ruled out the role of alcohol and drugs in the rollover accident. They haven’t been able to clearly point out a reason, but they have mentioned driver fatigue.

Could the vehicle that they were driving in itself have been responsible for this tragedy? This isn’t the first time an SUV has rolled over, not once but twice, landing on its head and crushing people to death. Unfortunately, it also won’t be the last. So long as manufacturers keep rolling unsafe vehicles out of their shop floors, and people continue to drive them, we should expect to see more such car accidents in the future. Speed doesn’t seem to have been a factor in this rollover accident, so it is highly possible that another vehicle under the same conditions would not have rolled over with such ease. SUVs are more prone to rollovers than any other vehicles, even when speeds are under control.

The two victim’s families have still not made any public comment, but we hope that they will consider looking deeper into the causes of the car accident. Thousands of people who have been unknowing victims of defective vehicles have been able to seek compensation for their loss – the Mc Fadden and File families deserve to know the cause of their parent’s death.

The Reeves Law Group is a law firm with offices throughout California dedicated exclusively to the representation of personal injury victims, including victims of SUV rollover accidents. Please visit our website at trlglaw.com. If you desire a free consultation on a personal injury matter, please call us at (800) 644-8000 or email us.

Man Charged in Monterey SUV Rollover

Wednesday, April 23rd, 2008

It must be hard to be Dominick Narigi - not only was the 19-year-old driving in an SUV rollover accident that killed his brother Anthony, but the Salinas resident has now been charged with misdemeanor vehicular manslaughter.

On July 22 of last year, Dominick, along with his 22-year-old brother and two others, were at the Red Bull Grand Prix motorcycle races at Laguna Seca. When they left the races, Dominick was at the wheel and Anthony was in the passenger seat. For unknown reasons, the 2002 GMC Yukon veered into a culvert. Dominick over corrected, and the SUV rolled over. The two passengers in the back seat escaped with minor injuries. Dominick and Anthony were ejected from their seats.

Both were airlifted to Santa Clara Valley Medical Center for treatment for their severe injuries. Five days after the SUV rollover accident, Anthony was taken off life support. Dominick underwent a total of four surgeries before he was declared fit to leave.

The SUV rollover accident was more than just a personal tragedy for the Narigi family. The boy’s father John Narigi has been the general manager of the Monterey Plaza Hotel, and has been an upstanding member of the community. Among other things, he helped lead the renovation of Monterey High’s football stadium. A memorial service for the boy drew a1000 strong attendance.

At the time of the SUV rollover Dominick’s responsibility in the accident could not be ascertained. When the boys were taken to Santa Clara Valley Medical Center after the rollover accident, Dominick was not given a blood alcohol test.

After the rollover accident, witnesses came forward to inform the California Highway Patrol that Dominick had been drinking Vodka and Red Bull at the Red Bull Hospitality tent. The accounts said that prior to the rollover accident, Dominick had consumed as many as four drinks.

According to Assistant District Attorney Berkely Brannon, his office wanted to pursue that lead, but investigations were hampered when those witnesses hired lawyers, and refused to speak to prosecutors, unless they were served subpoenas. The DA‘s office managed to get those subpoenas, but had to release those important witnesses after a settlement was reached.

So far though, the DA’s office has no evidence that would support that Dominick was under the influence or that this was what caused the SUV rollover. For now, the DA’s office hopes he will arrive in court and plead guilty.

It doesn’t make things easier for anybody involved that the man he is accused of killing by his possible drunken driving is his own brother. The parents are obviously not ready to support any prosecution against him, and it’s easy to see why. They’ve already lost one son to a rollover accident. The last thing they want is for their other son to be prosecuted for it.

If you have been injured or a loved one has been killed in a SUV rollover accident, you need the help of an experienced California personal injury attorney. Contact a lawyer at The Reeves Law Group for a free consultation.

Ford to Settle Sacramento Rollover Lawsuit with Vouchers

Thursday, November 29th, 2007

When a group of lawyers brought a huge class action lawsuit in Sacramento California against Ford Motor Company for return of profits the company made by selling its defective rollover-prone Explorer SUVs, customers who have watched their Explorers decline sharply in value, might have expected to be compensated, if not extravagantly, at least justly for their troubles. As it turns out, the only justice they can expect is a $500 voucher on their next purchase of an Explorer or $300 if they want to purchase another Ford vehicle.

Ford has faced personal injury and wrongful death lawsuits across the county stemming from numerous rollover accidents involving the Explorer. Explorer owners asserted their vehicles have lost value because of the perceived danger of the popular SUV. The plaintiffs also alleged false advertising as Ford marketed the vehicles as safe when the company knew the Explorer was prone to rollovers.

Obviously Ford is very pleased with the verdict. And why wouldn’t they be? The settlement that is worth $500 million overall might seem like a large amount, until you consider the trickle down effect and how much each Ford customer who purchased an Explorer in the 90’s will actually receive. The settlement applies to approximately one million people in California, Connecticut, Illinois and Texas.

California Public Interest Research Group admits that Ford got a better deal out of the lawsuit than they deserved. Ford admitted no wrong doing at the trial, and continued with its ad nauseum defense of the Explorer saying the SUVs performed the tasks they were meant to perform. Consumer advocates who would have liked Ford and other auto manufacturers to introduce more safety features in the vehicles they put on the roads are sorely disappointed, and they have every reason to be.

In short, this is a decision that’s going to end up helping Ford increase sales of its Explorer instead of punishing the manufacturer for its actions.

If you have been injured, or a loved-one has been killed as the result of a defectively designed vehicle, contact the California personal injury and wrongful death attorneys at The Reeves Law Group for a free consultation.

Riverside and San Bernardino Holiday Accident Toll Includes SUV Rollover

Wednesday, November 28th, 2007

It looks like it’s going to be a holiday of fewer weekend fatalities than last year. At least that’s what the California Highway Patrol is hoping as it comes out with holiday injuries and arrest figures for San Bernardino and Riverside Counties. 
 
A total of 8 people were killed in road accidents in these two counties and 133 were arrested on charges of drunken driving, the California Highway Patrol reports.
 
Riverside County saw a total of five accidents over the weekend. One was an fatal SUV rollover which involved a family of four.  25-year-old Cindy Ponce, and her 3-year-old son were killed when they were ejected from their seats when the boy’s father Alfredo Calva swerved the SUV to avoid a parked vehicle.  Their one-year-old daughter is battling for life at the Loma Linda University Medical Center.  Calva and a five-year-old son who were in the front seat of the SUV received minor scratches and injuries.
 
Overall, Riverside saw 40 people arrested for drunken driving over the weekend.
 
In San Bernardino, 3 people were confirmed dead as a result of accidents over the weekend.  Over 93 people were arrested for drunken driving.

According to the Sacramento headquarters of the California Highway Patrol, those figures indicate the number of fatalities this year will be lower than those recorded last year.  The total number of accidents and fatalities for California has not been made available yet.

If you have been injured in an accident as the result of someone else’s negligence, you may be entitled to compensation for your injuries.  Contact the California personal injury and wrongful death lawyers at The Reeves Law Group for a free consultation.