Rollaway accidents cause serious bodily injuries and deaths involving a variety of motor vehicles, from family cars and SUVs to the largest of doubles (tandem rigs) and semi-trucks. While the recognized statistical warning is that rollaways are the reason for 17% of all non-traffic deaths and injuries involving motor vehicles in this country, it is also understood by the experts that rollaway fatalities are much higher than the reported data.
Since most rollaway incidents do not happen on public roadways, they are recognized as being “under-reported” to the authorities (such as the FARS system for the U.S. Department of Transportation).
What is a Rollaway Accident?
The National Highway Traffic Safety Administration (NHTSA) describes a rollaway accident as an incident where the motor vehicle is “unattended with no driver in control.” Rollaway accidents can involve passenger vehicles as well as commercial vehicles like trucks and buses.
Rollaways occur when the driver is not behind the wheel when the vehicle initiates movement to the front or the rear, causing harm to the accident victim.
In the trucking industry, these are sometimes called “crushing incidents,” where the truck driver dies of bodily injuries sustained when the rig moves forward or backward. Two examples include a truck driver who was crushed as his rig moved forward as he was loading freight into a trailer, and a trucker who was laying on the roadside making repairs when the truck rollaway occurred. See, Rollaways Crush Lives, published by KeepTruckingSafe and the Washington State Department of Labor.
For passenger vehicles, the risk of a deadly rollaway accident has existed for many years. However, the introduction of automated technology such as keyless entry (and exit) has exacerbated the danger of a sedan, SUV, pick-up, or minivan rolling away from its position and injuring the rollaway victim.
The automotive industry, as well as safety agencies and advocates for accident victims are all well aware of the growing danger of fatal rollaway crashes in this country.
Notorious List of Rollaway Recalls
A shocking number of automotive manufacturers have issued recalls of their products because of the danger of a rollaway accident. Consider the following examples (this is far from an exhaustive list):
- Volkswagen recalls 675,000 motor vehicles for rollaway danger in July 2019.
The models include Jettas, Beetles (coupe and convertible), GTI hatchbacks, and Golfs (hatchbacks and wagons). Read, “Volkswagens Are Recalled for Rollaway Risk,” written by Keith Barry and published by Consumer Reports on August 23, 2019.
- Fiat Chrysler Automobiles recalls 300,000+ vehicles for rollaway danger in April 2019.
The models involve Dodge Darts from model years 2013 -2016. Read, “Fiat Chrysler Recalls Over 300K Cars Due to Rollaway Risk,” written by The Associated Press and published by ABC News on April 19, 2019.
- Ford Motor Company recalls 270,000 vehicles involving 2013-2016 Ford Fusions in May 2019, after recalling another 550,000 vehicles the past year for the same rollaway risk. The earlier recall also involved Ford Fusions as well as 2013 – 2014 Escape SUVs.
Read, “Ford Adds Thousands of Cars to Unintended Rollaway Recall,” written by the Associated Press and published by CBS-2 Pittsburgh on May 15, 2019.
- Fiat Chrysler Automobiles recalls 91,000+ Jeep Cherokees for rollaway risk in June 2020.
Read, ”Jeep Cherokee rollaway risk leads to recall from FCA,” written by Eric D. Lawrence and published by the Detroit Free Press on June 18, 2020. This recall correlates to the tragic death of actor Anton Yelchin in a 2016 Jeep Cherokee rollaway accident.
For more, see our earlier discussion in Star Trek Actor Anton Yelchin Killed by 2015 Jeep Grand Cherokee: Did Driving a Defective Product Cause His Death? Are You in Danger?
It is not just passenger vehicles that pose the risk of a deadly rollaway accident. Commercial vehicles can also be involved in rollaway recalls as well as federal investigations.
- In August 2021, NHTSA announced a rollaway investigation into Mercedes-Benz Sprinter vans (model year 2019) that are in use as Amazon Delivery Vans as well as ambulances. Read, “S. Launches Probe of Mercedes Vans That Roll After Parked,” written by Robert Besser and published by Big News Network on August 11, 2021.
Proposed 2021 Congressional Bill: The Park It Act
This year, U.S. Senator Richard Blumenthal has introduced federal legislation to combat the danger of fatal rollaway accidents in this country. Called the “2021 Park It Act,” the bill seeks to force motor vehicle manufacturers to install computer technology in their products that would prevent engines left in idle from unilaterally moving out of neutral.
Explains Safety Research and Strategies President Sean Kane:
“Modern vehicles present opportunities for improving safety, but the introduction of new features has created hazards that aren’t directly addressed by outdated safety standards. The PARK IT Act will close these loopholes by requiring DOT to update rollaway prevention and engine ignition rules, ensuring all new keyless vehicles prevent unsafe conditions that the regulations were intended to address.”
Rollaway Accident Victims’ Claims for Justice in Indiana and Illinois
Rollaway accidents can be particularly horrific because the accident victim may be alone at the time of the rollaway incident and suffer for an indeterminate amount of time before help arrives. Sadly, these types of accidents may result in bodily injuries that allow the victim to remain conscious and in extreme agony and suffering, but unable to move from the weight of the vehicle.
For those in the commercial trucking industry, the painful reality experienced by rollaway accident victims and their loved ones is that truck drivers may face suspicion for failures on their part that contributed to, or caused, the incident. Insurance adjusters and defense counsel may suggest that the trucker failed to do things like making sure the air brakes were set, or using wheel chocks to secure the rig. They may try and point the finger at the rollaway victim to deflect any liability on the part of the employer, the rig owner, or the vehicle manufacturer.
In rollaway accidents, a careful and meticulous investigation is needed on the part of the accident victim to understand the reasons for the vehicle to roll forward or backward. Questions must asked like:
- Was there a vehicle defect involved in the incident?
- Did someone with a duty of care involving repair or maintenance fail to do their job with a tragic result?
- Is the vehicle subject to recall but unrepaired?
For rollaway victims in Indiana and Illinois, there are personal injury, negligence, workers’ compensation, product liability, and wrongful death laws that may apply in the case that can provide justice for those who have suffered in a motor vehicle rollaway accident.
For more, see:
- Fatal Accidents When Motor Vehicle Recalls Are Not Fixed: Who is Liable?
- Car Recall Crisis: Millions of Defective Recalled Vehicles On the Road; What Happens After a Serious Accident in Indiana or Illinois?
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
The danger of serious or fatal rollaway accidents is much higher than many realize in Indiana and Illinois. Please be careful out there!
