March 26, 2008

Ford Settles 15-Passenger (E350) Van Rollover Accident Case

Our firm recently won an out-of-court settlement in an auto defect claim involving a Ford E-350 15-passenger van accident. We represented Jose Estrada and Rita Cruz Quintero on behalf of the estate of Jessica Estrada, their daughter, who suffered fatal injuries in the May 27, 2006 accident. The settlement amount is confidential.

The accident occurred when Jose Estrada, who was driving the 2005 Ford 15-passenger van lost control of the vehicle when a rear Goodyear tire blew, according to a police report. The van carried several members of Estrada’s family and they were coming back from a family trip to San Diego. The van rolled over crushing the roof causing fatal injuries to Jessica Estrada.

There have been repeated warnings about 15-passenger vans from the National Highway Transportation Safety Administration (NHTSA). Here’s a link to one of their studies, which explains in detail how unstable and dangerous these vehicles are. We alleged in our lawsuit that Ford knowingly designed and manufactured the Ford E-350 15-passenger van with defective roof supports. The auto maker did not use an advanced electronic stability system when that technology was readily available. What’s more – they used tires that were defectively designed and manufactured by Goodyear!

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February 27, 2008

Florida 15-Passenger Van Crash Injures 12

A church van crash in Florida is yet again raising concerns about the use of unsafe 15-passenger vans by churches, schools and community organizations to transport small groups of people. On Sunday night a 15-passenger van crash in Ocala left 12 passengers, all from a church group, injured. One of them is still in the hospital with critical injuries, according to an MSNBC news report.

The accident reportedly happened in the northbound lanes of the I-75. The driver lost control of the vehicle, which landed on its side. Firefighters had to use the Jaws of Life to extricate one passenger whose leg was trapped between the ground and the van, according to the report.

It’s a miracle that no one was fatally injured in this crash. For many years now, the federal government has repeatedly issued warnings that these 15-passenger vans are nothing short of death traps. Yet community groups, universities, childcare centers and schools continue to use them. Some of them may not know the hazards, but most groups roll the dice and operate the vans anyway because they are cheaper and can conveniently transport these groups, but at what cost? Some church groups are now switching to more expensive minivans, which is great. But there are still too many of these 15-passenger vans out there, which in itself is cause for concern.

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January 24, 2008

University Realizes Mistake After Wrestler Dies In 15-Passenger Van Crash

Last week, college wrestler Broc Pigorch and his team were on their way to participate in a tournament in Iowa. Pigorch never made it because, as officials would announce later, the team was riding in one of the most dangerous vehicles still plying our roadways – the 15-passenger van.

According to an article posted on a local TV news channel’s Web site, the team was traveling in a 15-passenger van when they swerved to avoid hitting a car that suddenly braked. Now, other athletic teams are wondering if they are taking a risk by putting their teams in one of these vans, which has been well-known among safety experts as “a death trap on wheels.” Well, all these college coaches can stop wondering because – yes, 15-passenger vans are big-time death traps!

This tragedy was probably overlooked by national news media because it happened around the same time when seven members of a basketball team and their teacher died when their 15-passenger Ford van crashed on an icy Canadian freeway. These vans are unstable, badly designed and simply dangerous. They should not be on the road in the first place.

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January 14, 2008

15-Passenger Van Accident Kills 7 Students and 1 Teacher In Canada

Canadian officials are investigating a tragic 15-passenger van crash that killed eight out of 12 people in the vehicle -- seven members of a high school basketball team and their teacher. According to a news article in Canada’s CBC News, the Ford Club wagon fishtailed and collided with a big rig Saturday when the Bathurst High School team was returning home from a game.

Another CBC News article also points out that the Ford van, which was traveling on a snowed-on highway, was not fitted with snow tires, but regular or all-season tires. Transport Canada, a national regulatory agency, is not only investigating the accident, but also reviewing the idea of creating a new classification for 15-passenger vans, that will include tougher safety standards, CBC reported.

A public funeral is being planned for the seven students. According to a Sports Illustrated article, all of the deceased students were between 15 and 18 years of age. Most were ejected from the vehicle and pronounced dead on the scene. Four people, who were injured, including the driver who was the team’s coach, are expected to recover, the article stated.

It is indeed tragic that these 15-passenger vans, which have long been deemed dangerous are still being used to transport small groups. These vans are nothing but “death traps on wheels.” Our lead trial attorney, Brian Chase, rightly points out in a TV interview this morning with CBC that these vehicles are extremely dangerous because they use stadium-style seating where passengers in the back are sitting slightly higher than the people in front.

This causes the center of gravity on the vehicle to shift, causing these vans to be very unsteady and rollover if the driver tries to take evasive action, Brian explained. That’s exactly what happened in this case. According to news reports, the van went completely out of control after hitting the shoulder of the road.

Moreover, numbers speak for themselves. The NHTSA reports that more than 1,100 people in the United States were killed in single vehicle rollovers in these vans between 1992 and 2002. In fact, 15-passenger vans are three times more likely to roll over than any other vehicle. Here in the United States, it is illegal in most states for school districts to use these vans to transport children, but church groups, community organizations, many colleges and university, even daycare centers use these dangerous vehicles for transportation.

How many people have to die before both the U.S. and Canadian governments outlaw these vehicles and take them off the road? The families of the students, now mourning the deaths of these young people whose lives have been tragically cut short, will want a lot of questions answered. Why did the school allow the students to be transported in a vehicle other than a school bus? Why were they traveling in unsafe conditions – when snow had even obscured the guard rails and lanes on the freeway? Why wasn’t the van fitted with snow tires? Were there any mechanical defects in the vehicle?

The families will be well-served to get an experienced and resourceful personal injury law firm specializing in 15-passenger van accidents early on. They need someone on their side who will look out for their interests and fight hard to protect their legal rights. In this case, there is no doubt that the victims’ attorneys should conduct an independent and thorough investigation themselves. The Ford van – the key piece of evidence – must be preserved with care.

Our hearts go out to these families who are left to mourn for these young people with all these unanswered questions and unresolved issues hanging over their heads. We pray for the families of the deceased and hope they find those answers and the peace and closure they deserve. Above all, we hope this horrible accident sparks a change in the law making these defective vehicles illegal for any group transportation. For more information on 15-passenger van accidents, please visit our Web site.

December 17, 2007

15 Passenger Van Crash in New York Leaves One Child Critically Injured

Eight children were injured – one critically – in a 15-passenger van crash in Queens. The students were being transported to school illegally because the bus driver did not have the required license, according to an article in the New York Daily News.

Nine-year-old Rebecca Frazier suffered severe head injuries and underwent surgery after the crash while seven other children suffered minor injuries, the newspaper reported. The van’s driver, 60-year-old Gene Boyd, was arrested and charged with reckless endangerment and endangering the welfare of a child, the article said.

New York State prohibits the use of 15 passenger vans to transport school children. The National Highway Transportation Safety Administration (NHTSA) has repeatedly issued alerts about the dangers of these vans, which are still used by some schools, universities and church groups to transport larger groups of people. Click here for a complete report by the NHTSA outlining the danger of these vans. Also on this site is streaming video showing crash test results. We would be surprised if anyone gets into one of these death traps after watching these videos.

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October 21, 2007

Indiana 15-Passenger Van Accident Kills 5 Including 3 Children

Five people, including three children, died Saturday afternoon after their 1999 Ford 15-passenger van crashed on the Interstate 69 in Indianapolis. According to a news article in The Star Press newspaper, officials investigating the accident believe that a blown tire started the accident sequence. The three children who died ranged in age from infant to 12 years old and in addition to the five dead, 11 others were injured, the newspaper reported.

The accident happened when the van’s left tire blew. The vehicle crossed over the median into the other side and rolled over. No other vehicles were involved. Four people were ejected the report said. Apparently, some of the children were in car seats, but investigators don’t know if everyone was wearing his or her seat belt. All victims were transported to local hospitals.

According to another report in The Indianapolis Star, some of the victims came from the Amish community in the Fort Wayne area, not far from where the accident happened. The report also said the van could’ve had as many as 17 passengers. This accident happened only about 20 miles away from the site of an April 2006 crash between a Taylor university van and a big rig that killed four students, a university employee and injured five other people.

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September 13, 2007

Wisconsin 15 Passenger Van Accident

One person died and several people were injured in a 15-passenger van accident in the Lee County area of Wisconsin this week, according to a news report on WISTV’s Web site. According to the report, the 1992 Ford van filled with members of the Prayer and Faith Temple in Hopkins, Wisconsin overturned on the freeway after its left tire blew. Officials say the van flipped several times. Several passengers were ejected from the vehicle and were transported to area hospitals.

One woman, believed to be in her 40s, died in the crash, the television station reported. According to EMT reports, at least 18 people were crammed into the 15-passenger van. Sixteen out of the 18, of which two were children, were taken to the hospital with injuries, the article says.

It is hard to believe that church groups and community organizations are still using these “death trap” 15-passenger vans. It is a disgrace that with all the information that is now available about these defective vehicles that the National Highway Traffic Safety Administration (NHTSA) has not mandated these vans off our roads. It is shameful that NHTSA still allows them to be sold to the unsuspecting public.

Why are religious organizations and schools still using these “death traps” when there is so much information and evidence showing how unsafe these vehicles are? Any organization that still uses these 15-passenger vans for the transportation of people must be held accountable for the consequences of their choices. The maker of this van must be held accountable as well. The maker is fully aware of the dangerous propensities of these vans. Just visit these Web sites http://www.nhtsa.dot.gov/cars/problems/studies/15PassVans/15PassCustomerAdvisory.htm and http://www.15-passenger-van-accidents.com/recalls.shtml to see how dangerous these vehicles are.

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August 17, 2007

Woman Killed in Ontario Car Accident With Hilton Hotel Van

A Fontana woman died and two children sustained critical injuries Tuesday night when her van was hit by a Hilton Hotel van, whose driver, police say, ran a red light. According to a news article in the Inland Valley Daily Bulletin, the 53-year-old woman, Sally Alvarado, was driving a 2002 Toyota Sienna with two boys ages 4 and 5, who are now reportedly in the hospital in critical condition.

Officials told the newspaper based on preliminary investigations that the driver of the Hilton Hotel van was at fault and that he failed to stop for the red light. The article said Alvarado was making a right turn from the off-ramp of the 10 Freeway in Ontario when the Hilton Ford van struck the driver’s side. The vehicle reportedly belongs to the Hilton Ontario Airport hotel. The van driver was taken to a hospital and was treated for minor injuries, the Bulletin reported. No charges had been filed yet.

Investigators are still looking at the evidence. They don’t know if the van driver ran the light because he was distracted or talking on the cell phone. Whatever the reason, a tragedy has occurred. One woman is dead and two little boys are fighting for their lives.

Red light running is one of the most common and yet one of the most dangerous traffic violations. According to the Insurance Institute for Highway Safety (http://www.iihs.org/research/qanda/rlr.html), a nationwide study of fatal crashes at traffic signals in 1999 and 2000 estimated that 20 percent of the drivers failed to obey the signals. In 2005, more than 800 people were killed and about 165,000 were injured in crashes that involved red light running. The victims who die in these crashes mostly turn out to be pedestrians and occupants in other vehicles who are hit by the red light runners.

Depending on the degree of carelessness or negligence, the driver of the Hilton van may face a vehicular manslaughter charge. But that is usually charged only after an elaborate investigation as it should be. Early this week I reported how the California Highway Patrol was seeking manslaughter charges against a truck driver that caused a traffic fatality and it seemed he was a lost less negligent than the driver of this Hilton van.

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August 5, 2007

Fatal 15-Passenger Van Crash in Tennessee

A Louisiana woman was killed and 12 others were injured Monday when their 15-passenger van veered off the Interstate 75 and crashed into a guardrail, according to an article in the The Knoxville News-Sentinel. According to reports, the driver lost control of the van as he reached for a soda on the floor of the van. The accident occurred in the early morning of July 30.

Sharel Lapine, 45, was ejected from the van and pronounced dead on the scene. Her husband, Ricky Lapine, who drove the van, was also injured as were four other adults and seven children. All were taken to local hospitals. None of the injuries were life-threatening, the newspaper reported. Tennessee Highway Patrol officials also told reporters that the entire side of the 15-passenger van, which was not identified by brand, was ripped open in the crash. All the children were wearing seatbelts, but the adults were not buckled up and were ejected, officials told the News-Sentinel.

The dangers of 15-passenger vans are quite significant. The National Highway Transportation Safety Administration (NHTSA) released a study two years ago which found 74 percent of all 15-passenger vans had tires which had not been properly inflated and as a result increased the propensity of the vehicle to become unstable or roll over - even in normal speeds, road conditions and weather conditions. Only 39 percent of passenger cars reportedly had a similar problem. The report strongly recommends all occupants to wear seatbelts because studies found that nearly 80 percent of those who died in 15-passenger van accidents between 1990 and 2003 were not buckled up.

More information is available on NHTSA’s 15-passenger van advisory page.

Also, federal law prohibits these vans from being used to transport children. To find out more about the interpretation of the federal law relating to 15-passenger vans, visit their web site.

A copy of the NHTSA study on tire maintenance may be found here.

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July 6, 2007

Shuttle Van Accident in Philadelphia – 1 Dead 15 injured

A meat-packing plant’s shuttle van, which was carrying workers to the plant, overturned on a Philadelphia expressway early Monday morning, killing one passenger and injuring 15 others, according to an article posted on the Philadelphia Daily News’ Web site.

The driver of the 1980 Dodge Sportsman van, 51-year-old Jean-Baptiste Saint Louis, was driving the vehicle northbound on Route 309 when he lost control and the van went onto the shoulder of the freeway, flipping over on a grassy embankment, the article said. No other vehicles were involved in the accident, officials said.

The 15 other workers, a majority of them Haitian, were taken to local hospitals to treat their injuries, some of them life-threatening, the newspaper reported. Names of the deceased and injured have not yet been released. The crash is still under investigation, but officials say they don’t believe alcohol was a factor. Police are however performing a toxicology test on the driver as part of procedure, the article said. Traffic was snarled on the expressway for about five hours Monday morning.

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