Philadelphia Car Accident Lawyer Blog

When Bill Brownwell was cruising in a 15 passenger van and suddenly felt a shake in the back of the van and to his right, he became concerned and alarmed and turned around to take a look at what the noise was. Brownwell was driving a 1993 Ford Econoline E350 15-passenger van on a church outing for a spring concert tour in 2004 when he lost control of the 15 passenger van when the right rear tire tread separated. Like most other 15-passenger van operators in a similar situation, he tried to regain control of the vehicle and bring it back to the roadway after which point the 15-passenger van flipped sideways and then rolled over four times ejecting the driver Brownwell and another passenger leaving them both dead on the side of the road. This 15 passenger van rollover case is currently being tried in California with allegations that the Ford Motor Company knew that the 15-passenger econoline van was dangerous and failed to notify its customers about its alleged defects.

As an experienced 15-passenger van rollover attorney who has witnessed a similar scenario over and over, and unfortunately has dealt with the families of those who have unnecessarily died or have been catastrophically injured due to the alleged defects of the 15-passenger vans, it is important that the manufacturers of these 15-passenger vans be held accountable for their conduct and lack of actions. 15-passenger vans have a high center of gravity and have a high risk of crashes and rollovers in an accident avoidance maneuver or if they are not properly driven or maintained by those who have knowledge of its specific handling characteristics. Many states and school districts have now banned 15-passenger vans. However, they still be the dominant vehicle of choice for church groups, many of whom have limited knowledge of their dangers. The Federal government recently banned the use of 15-passenger vans for school transportation purposes and NHTSA has recently stated that only trained drivers should operate their vehicles and to make sure that the vehicle is properly balanced and loaded.

While NHTSA advises passengers to buckle up for every trip, our experienced 15-passenger van and crashworthiness attorneys have been able to demonstrate even in a van rollover, a weak roof structure, and inadequate and defective design still renders the occupants subject to life altering catastrophic injuries including quadriplegia or paraplegia or death. Many times 15-passenger vans are operated in the South or Southwest where roads have high surface temperatures and tires blow out or delaminate preceding the rollover accident. Many 15-passenger vans still have recalled tires on them, that is, defective tires that are prone to blow out or tread separation. There are currently in excess of 500,000 15-passenger vans on the road, and according to safety and consumer advocate Sean Kane, the 15-passenger van “has a unique position in the world of defective vehicles in the United States”. These vehicles, Kane added, were cobbled together to meet certain needs but were never vetted in terms of safety. There really weren’t any standards applicable to these kind of vehicles.

For over three decades, the experienced vehicle rollover accident and 15-passenger van accident attorneys of Reiff & Bily have been successfully investigating and litigating SUV rollover crashes, 15-passenger van rollover crashes, and other product liability claims, including but not limited to defective seat belts, airbags defects, fuel fed fires, roof crush, and crashworthiness. We are committed to consumer and automobile safety and believe that automobile manufacturers must be held accountable and safety rather than profitability must be priority number one.

Since 1979, I have been actively investigating and litigating catastrophic motor vehicle accidents that result in life altering injuries and wrongful death. My original car accident law practice progressed over the years into the area of auto seat back failure, airbags defects, restraint system failure, and crashworthiness, and I have learned that when someone is catastrophically injured in a car accident, there is often more than meets the eye and you must carefully investigate and reconstruct the accident to investigate for product defects. In many car accident cases involving vehicle rollover or severe collisions there will be failures of restraint systems, seat back failures, roof crush, and crashworthiness issues. One of the key issues in a vehicle crash is containment of an occupant within the vehicle, and when a victim is vehicle ejected, often times there is a failure of one of these factors. Car seats must be properly and safely designed with adequate strength so as to avoid deformity and failure in the event of a collision.

A seat belt must protect the victim rather than spool out allowing for ejection from the vehicle. Many seat belts we have found are equipped with inadequate pre-tensioners when there are safer designs with sensors that would activate in the event of a rollover collision. Many times seat belts are not attached properly within the vehicle and windows are not glazed and are inadequate creating a portal for occupant ejection. Obviously, many car accident lawyers do not possess the experience, knowledge, or skills of biomechanics, occupant kinematics, occupant restraint, seat design or accident reconstruction experience necessary to successfully prosecute a serious case.

The experienced automobile defect and car accident lawyers of Reiff & Bily have recovered hundreds of millions of dollars for over three decades and are not afraid to think outside the box. The resulting injuries from car accidents are not always solely caused by negligent drivers.

As I write this, a 1-year old boy remains in critical condition in a Philadelphia hospital after he fell from a moving vehicle and was run over by another car. According to news sources, the unrestrained 1-year child was sitting in the rear seat when the back door somehow opened causing the infant to fall out of the moving SUV, after which point the baby was run over by another vehicle behind the SUV. While it remains unclear how the baby fell from the vehicle, what is clear, according to a spokesperson, is that the 1-year old had not been in a restraint.

As an experienced Philadelphia motor vehicle accident and faulty automobile restraint system lawyer who is also a dedicated consumer advocate for child and automotive safety, this unfortunate and tragic incident clearly exemplifies just how important it is to never take shortcuts and properly secure all infants and small children when they are riding in a motor vehicle. Pennsylvania state law requires that all children under the age of 4 ride in a federally approved car seat or booster seat whenever they are in a vehicle. Failure to comply with these laws could cause drivers to be fined, and in certain cases, sentenced to jail time. We all have an obligation to protect children. More catastrophic injuries and deaths are caused to small children by car accidents than any other cause.

As an experienced Philadelphia car accident and safety restraint lawyer, I strongly suggest that all children under 4 ride secured in a government approved infant seat and the back seat, and one must make sure that the seat is properly installed and affixed. Any child over the age of 8 and under 18 must be restrained using seat belts. As this unfortunate accident indicates, proper safety precautions should never be left to chance.

Our hearts and prayers go out to the infant and family members and we hope and pray for a speedy and healthy recovery.