PRODUCTS LIABILITY- ROLLOVERS

A rollover is a crash in which the vehicle revolves at least one-quarter turn (which would be onto its side), regardless of whether the vehicle ends up laying on its side, roof, or even returning upright on all four wheels. Rollovers occur in multiple ways. Most rollovers are "tripped," that is, the vehicle rolls over after leaving the roadway striking a curb, soft shoulder, guardrail, or other object that "trips" it. A small percentage of rollover events are "untripped," (e.g., tire and/or interface friction).
Using data from the 1997-2001 National Automotive Sampling System (NASS) Crashworthiness Data System (CDS), an automotive, comprehensive national traffic crash database, the National Highway Transportation Safety Administration estimates that an average of 281,000 light vehicles are towed from police-reported rollover crashes each year, and that 30,000 occupants of these vehicles are seriously injured. Estimates from NASS CDS indicate that 80% of towaway rollovers were single-vehicle crashes, with 83% (168,000) of the single-vehicle rollover crashes occurring after the vehicle left the roadway. A review of the NASS CDS data reveals that about 95% of the rollovers involve single-vehicle crashes that were tripped by mechanism such as curbs, soft soil, potholes, guardrails, and wheel winds digging into the pavement, as compared to "untripped" rollover events (e.g., tire and/or road interface friction). Passenger car injuries make up slightly more than half of all serious injuries in light vehicles involved in a rollover, primarily because they are the most prevalent type of light vehicle.	FACT How dangerous are rollovers? 8% of light vehicles (passenger cars, pickups, vans and SUVs) in crashes rollover Although this percentage seems small, the rate of fatalities is enormously high (21% of occupants are seriously injured and 31% are killed) According to the 2001 Fatality Analysis Reporting Systems (FARS), a recent census of all crashes involving a motor vehicleon a public roadway that resulted in at least one fatality within30 days of the acident, 10138 occupants were killed as occupants of light vehicles in rollover crashes. Of those, 8407 were killed in single-vehicle rollover crashes.
The figure also shows the distribution of injuries by the type of impact. Rollovers account for 13% to 16% of the occupant injuries in vans and cars, but account for a much higher proportion in pickup trucks (30%) and SUVs (46%). The risk of rollover is greater for vehicles with a high center of gravity in relation to the track. Passenger car fatalities account for 45% of all light vehicle occupant fatalities involved in rollovers.
FACT Rollovers account for: 22% of the passenger car fatalities 39% of the van fatalities 44% of the pickup fatalities 61% of SUV fatalities. As a result, rollovers in SUVs are the leading cause of severe injury and death to their occupants. Likewise, rollovers are the leading cause of death to pickup truck occupants.	A. Handling Instability Handling instability refers to how the vehicle stays in contact with the road and remains in the travel lane during ordinary driving maneuvers. Good handling and yaw stability (the vehicle's ability to stay pointed in the direction the driver intended) can reduce the number of "loss of control" crashes that often lead to rollover by assisting the driver in maintaining control of the vehicle. In 2003, NHTSA implemented a combined rating system for rollover resistance using both static and dynamic test data beginning with model years (MY) 2004 vehicles. Static test data refers to the Static Stability Factor (SSF).
This is a measurement of the height of the center of gravity divided by one-half the track width of the vehicle. Static test data is measured while the vehicle is standing still (statically). Dynamic test data is a test of the vehicle in motion, e.g., how well the vehicle does in that particular driving maneuver. The rollover resistance ratings estimate the risk of rollover in the event of a single-vehicle crash.
	Electronic Stability Control (ESC), which is offered by several manufacturers under various trade names, is a technology design to assist drivers in maintaining control of their vehicles during extreme steering maneuvers. ESC senses when the vehicle is starting to spin out (over-steer) or plow-out (under-steer), and it helps to turn the vehicle to the appropriate heading by automatically applying the brake at one or more wheels (ESC takes over the brakes and may affect the throttle, but not the steering).
Slowing the vehicle not only directly reduces the likelihood of a rollover, but also improves the controllability of the vehicle, thereby reducing the likelihood of having a single-vehicle crash in the first place. It is estimated that it would cost less than $300-per-vehicle to equip all cars with ESC. Outfitted with full airbag protection, the cost-per-vehicle would drop even further. Yet, most manufacturers place ESC only on their higher-end vehicles or offer ESC as an upgraded option for American consumers. These same manufacturers make ESC a standard feature for vehicles sold in Europe. "It's not rocket age science, notes Lee Brown, "It's science that was put into production in 1998 that dramatically works because with this technology the vehicle can help you safely drive." Brown believes that American consumers are being kept in the dark about the significant safety improvements provided by ESC. He predicts the next big trend in automobile litigation will target the issue of vehicle stability. "The manufacturers know their vehicles are unsafe. Just from their own data, they know they have safer alternatives, but chose not to use them to save money," Brown says. Currently, there are fewer than ten lawyers nationwide building expertise in this field; Brown is one of them.	FACT Research studies show that ESC can help prevent crashes. Below are some of the astonishing statistics that demonstrate how ESC can keep you safe on the road: 15% drop in total accidents involving Mercedes Benz vehicles built since 1999 - when ESC became standard equipment on every model. 27% reduction in serious loss-of-controlled crashes by DEKRA Automotive Research in Germany. 30-35% drop in single-vehicle crashes and up to 30% reduction in head-on crashes reported in studies by Toyota in Japan, the Swedish National Road Administration, DEKRA, and Mercedes Benz. Based on these figures, the widespread installation of ESC in the United States could save 5,000-8,500 lives annually and $35 billion in economic losses.
QUOTE Independent experts also trumpet the ESC as one of the most important advances in crashworthiness in the past decade: David Pittle, Sr., VP, Consumer Union: "These systems should be standard equipment in all SUVs. Their widespread use is virtually certain to result in fewer rollover-related deaths and injuries." Don Sherman, Popular Mechanics: "It's like having God as your co-pilot." Dr. Hans-Joachin Schaps, Head of Passenger Car Development, Mercedes Benz: "ESC makes an important contribution to accident prevention, and is therefore as significant for traffic system as ABS, seat belts and airbags." For more information: Contact Us