A terrible rollover tragedy

According to news reports, members of a Staten Island, New York based boy scout troop were returning from a weekend outing when their 1998 Ford Explorer SUV suddenly accelerated, lost its breaks and rolled over. A 60 year-old troop leader, along with a 9 year-old scout, were killed in the accident. Two other passengers were severely injured, but survived.

Family members brought a lawsuit against The Ford Motor Company alleging that the vehicle was defectively designed. A jury awarded them approximately $6.5 million, but did not award the surviving passengers compensation for the emotional distress that they experienced watching their friends and loved ones die. The judge in the case did not agree with that aspect of the jury’s decision and later awarded them $8.6 million.

The Ford Explorer has been rated one of the worst SUVs around when it comes to safety. In fact, in a 2005 study, the Insurance Institute for Highway Safety (IIHS) found that Ford Explorers made between 1999 and 2002 had the fourth highest rate of driver deaths from the nearly 50 that were tested.

Are you entitled to damages for emotional distress?

Like the surviving passengers in this case, the memory of this tragic accident will likely haunt them for the rest of their lives. Depending upon the state in which you live and the circumstances surrounding the injury, the law may allow compensation for the emotional distress that someone suffers in a case like this. These pain and suffering damages are known as non-economic damages – and while some states place caps on these types of damages, others don’t.

An experienced SUV rollover attorney will be able to advise you of what types of non-economic and economic damages, such as lost wages and medical bills, might be available in your case. To contact an attorney to discuss your situation, please click here. Consultations are without obligation or charge and are strictly confidential.