PRACTICE AREAS

PRODUCTS LIABILITY- POST-CRASH FIRES

The focus of fuel system cases revolves around post-collision fuel-fed fires. In these cases, occupants are unnecessarily burned and killed from the fuel system fire, as compared to the forces of the crash. Vehicle fuel system design defects involve three basic claims.

Defects


A. Tank Location

Tanks on the vehicles are located in unsafe positions. These cases concern the manufacturer's choice to locate the tank in an area where it is expected to be compromised by the crash. Examples include the Ford Pinto and Crown Victoria, GM's CK pickups, and most heavy truck fuel systems. The following film clip shot by government investigators is a graphic display of what can happen when an exposed fuel tank on a semi scrapes a concrete wall.

"This is a very common type of impact for a heavy truck-it simulates a truck hitting a freeway guardrail," says Lee Brown. "It shows how violently the tank is knocked off." In this case, testers took care to fill the tank with a non-flammable solvent instead of fuel so that there would be no fire.

B. Shielding
Tanks are not adequately guarded or shielded. Fuel tanks are normally made out of very lightweight aluminum, steel, or plastic. Accordingly, the tanks can be easily compromised if they are struck by anything in the crash. As a result, some manufacturers have appropriately shielded the tanks with steel, plastic, and HDPE type materials to enhance their crashworthiness. Although car manufacturers have typically shielded their passenger car and light truck tanks, heavy truck manufacturers have refused to do so.

C. Fuel Lines
Fuel system failures frequently involve fuel line and/or check valve failures. Manufacturers have known since 1960 that there must be check valves or other safety devices incorporated in the fuel filler necks to prevent the escape of fuel during a collision. For example, the United States Department of Transportation (USDOT) and the National Highway Safety Bureau (NHSB) issued a report in 1967 concerning the performance standards of fuel tank protection. The report found that it was common for fuel to spill out of the fuel filler neck in the event of a rollover accident or other type of collision. The report concluded that the check valves located in the fuel filler neck were to eliminate fuel spillage during rollover collisions. The report also noted that these check valve assemblies were available to be purchased for stock cars, which were being used in NASCAR-sponsored races.

"Information received from Accident Data Reports indicate that the rollover type of accident accounts for the highest coincidence of fatal burn injuries. In a rollover accident, fuel is often spilled from a virtual intact system. Separation of filler pipe from the body shell or from the tank opening is a large exit for fuel. Also, the vent pipes of the fuel tank can spill during and following an overturn accident.

"Check valves working with the filler pipe and vent pipe openings of a fuel tank would eliminate spills during rollover or upset. These check valves might be gravity operated, spring loaded, or operated by a vacuum from the engine. There is at least one source of check valve assembly which may be purchased for installation and stock cars used in NASCAR-sponsored races."

These check valve designs and so-called frangible valves, were widely distributed by GM products for passenger vehicles, light trucks, and heavy trucks, and prevent any accidental loss of fuel.



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