• Tweet
• Sumo

• Tweet

A Palm Coast accident took the life of five people from Eustis returning from a family reunion in North Carolina. There were nine people in the SUV, only two wore their seatbelts. The 1999 Ford Explorer rolled over on Interstate 95 when their left rear tire blew out and the driver los control of the vehicle.
Those killed in the accident ranged in ages from 18 – 48. The survivors were all children, who were taken to Flagler and Halifax Hospitals and later released to family members.
In accidents involving deaths the surviving family members of the victims may have a claim for their losses and damages in a Wrongful Death action, which must be brought within two (2) years of the date of accident. Normally such claims would be brought against the insurance held by the driver and the owner of the vehicle. However, due to the nature of the accident there may be a question as to whether the vehicle’s design caused this tragedy.
If an investigation is conducted of the vehicle, and it appears that the Explorer should have not rolled over in such an accident, then the family members may have a products liability claim against Ford. Investigating and analyzing such claims can be challenging, but rollover cases cannot be easily dismissed as driver error. The timeframe is still a factor, but the action would change from negligence of the driver to negligence in the design of the vehicle.