Settlement in Post Collision Fuel Fed Fire

Jaime Jackson Law, McCartney Stucky, and Baratta Law successfully represented a truck driver who was catastrophically burned in a post collision fuel fed fire.

The crash

Our client’s truck was cut off by another vehicle. This caused the truck to travel onto the shoulder and the passenger side contacted the jersey barrier. When the truck impacted the jersey barrier, the sharp edge of the passenger cab-entry steps were driven backwards and inwards, which punctured the unprotected passenger side fuel tank. Following the impact, because the fuel tank was punctured, as the truck rolled onto its driver’s side, highly flammable diffuse diesel vapors were released. These vapors were exposed to countless ignition sources including the hot exhaust as well as the sparks generated by the truck’s metal scraping against the concrete. A fire erupted and fully engulfed the truck.

An inadequately protected fuel tank and sharp edges

Witnesses at the scene heroically helped our client out of the burning truck. Unfortunately, our client suffered extensive burns over more than 40% of his body. We argued that the truck’s fuel tank was inadequately protected. In addition, the placement of the sharp edge of the step directly adjacent to the fuel tank exposed the tank to puncture hazards. Safer designs could include any of the following: guarding the fuel tank with a safety cage; protecting the tank from the sharp edge of the step; or relocating the tank to inside the chassis frame rails rather than placing it on the outside.

Plaintiff’s experts

We worked with a team of accident reconstruction experts who reconstructed the crash and the movement of the truck. In addition, we worked with heavy truck design engineers in relation to the poor design of the truck’s fuel system, as well as safer alternative designs. We also worked with a team of burn injury experts to help explain the horrific nature of our client’s injuries and treatment, as well as his future burn injury treatment needs.

Duty to design trucks that will not catch fire following a crash

Truck and vehicle manufacturers have a duty to design trucks and vehicles that will not cause a fire following a crash. People who survive the crash-related impact should not then be subjected to the hazards of a post-collision fuel-fed fire. In other words, if people survive the crash, the fuel system should be designed to protect them from being burned or killed in a fire.

Preserve the evidence

The truck or vehicle is key evidence in any product liability litigation and must be preserved. Immediately after we were retained by our client, we put the defendant owner of the truck on notice of potential litigation and requested they preserve the truck for inspection and evidence in the case. Despite being put on notice of potential litigation, the defendant discarded the remains of the burned truck. The defendant’s destruction of the evidence became a hotly contested issue throughout the case.

Safe fuel systems

Anytime a truck or vehicle catches fire following a crash, the truck or vehicle should be examined for a potential auto products liability case against the manufacturer. A vehicle’s fuel system should prevent fires after impact. This is achieved through fuel system location, fuel line routing, guarding, shielding, and secure connections. People who survive the crash do not expect to then be burned in a fire. A few of the more common fuel system defects are puncturing of fuel tanks or fuel system components, compromised fuel lines, electric pump shut-off failure, defective check valves, or anti-siphoning devices. The fuel should be contained within the fuel system thereby eliminating the potential for a post-crash fire.

Settlement in Post Collision Fuel Fed Fire.