All types of motor vehicles, from SUVs and family cars to the largest semi-trucks and tandem rigs, are involved in rollaway accidents that cause serious bodily injuries and deaths. Rollaway accidents involve 17% of all non-traffic injuries and deaths. Rollway incidents are often not reported to the authorities since they don’t happen on public roadways.
A rollway accident happens when the driver is leaving a motor vehicle unattended. Passenger vehicles and commercial vehicles including buses and trucks are involved in rollaway accidents. When the driver isn’t in the driver’s seat and behind the wheel of the vehicle and it starts movement to the rear or front, this can cause harm to the victim of the accident. Sometimes rollaway accidents are called crushing incidents. Crushing incidents happen when the truck driver dies from bodily injuries caused by the rig moving backward or forward. An example of a crushing incident would be when a driver gets crushed as his truck moves forward while he is loading into its trailer. Another example is a rollaway accident occurring when a trucker is laying on the roadside making repairs to the truck. The risk of deadly rollaway accidents has existed for passenger vehicles for many years. Since automated technology has been introduced such as keyless entry, the danger of an SUV, pickup, minivan, or sedan rolling away and injuring someone has been exacerbated.
A high number of automotive manufacturers have issued recalls on their vehicles because of rollaway accident dangers. Volkswagen recalled 675,000 motor vehicles in July 2019 because of rollaway danger. Volkswagen models such as Beetles, Jettas, GTI hatchbacks, and Golfs were included in the recall. Fiat Chrysler recalled 300,000+ motor vehicles in April 2019 for rollaway danger. These models included 2013-2016 Dodge Darts. In June 2020, they also recalled more than 90,000 Jeep Cherokees. Ford Motor Company recalled 270,000 motor vehicles including 2013-2016 Ford Fusions back in May 2019. The year before that, Ford recalled another 550,000 motor vehicles for the same rollaway risk involving both Ford Fusions and 2014 Escape SUVs. Passenger vehicles aren’t the only type of vehicles at risk for deadly rollaway accidents. Commercial vehicles are also involved in rollaway recalls. A rollaway investigation in August 2021 was also announced on Mercedes-Benz Sprinter vans made in 2019. These models are used for ambulances and Amazon Delivery Vans.
The “Park It” Act
A bill, called the 2021 Park It Act, was introduced by U.S. Senator Richard Blumenthal to combat the danger of fatal rollaway accidents in the U.S. This bill attempts to force manufacturers of motor vehicles to install computer technology in their vehicles to prevent engines in idle from moving out of neutral unilaterally.
Claims For Justice by Rollaway Accident Victims In Indiana
Rollaway accidents often happen when the victim is alone, allowing them to suffer for a significant amount of time before help can arrive. This makes rollaway accidents particularly horrific. In rollaway accidents, the victim is unable to move against the vehicles weight and can suffer from bodily injuries causing extreme agony while allowing them to remain conscious. The painful reality in the commercial trucking industry is that victims and their family involved in rollaway accidents may cause the truck drivers to face accusation for failures on their part that caused or contributed to the accident. Defense counsel and insurance adjustors may blame the driver for not making sure the brakes were set or used the wheel chokes to secure the vehicle instead of focusing on the liability of the employer, the rig owner, or the manufacturer of the vehicle. In Indiana, there are personal injury, worker’s compensation, negligence, wrongful death, and product liability laws that may apply in the case to provide justice for victims who have suffered in rollaway accidents.
If you or a loved one has been hurt or injured in a rollaway accident – contact an experienced Merrillville personal injury attorney for help. There are NO FEES unless we collect damges for you.
The personal injury attorneys at Moseley & Martinez can help you get the compensation and justice you deserve! CALL NOW!