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Ford Sued For Crown Victoria Defect Claims

Author(s): C. Richard Newsome
Date Published: August 1, 2002
Originally Published In: The Academy of Florida Trial Lawyers Journal

The safety of the Ford Crown Victoria Police Interceptors has come into question as lawsuits mount and a Texas class action is filed against Ford Motor Company alleging that the vehicle is unsafe and prone to catch fire in high speed rear-end collisions. The alleged design flaw pertains to the location of Crown Victoria's fuel tank which is behind the rear axle and within the vehicle's "crush zone." This issue was recognized as early as 1968, when a University of California study exposed this alleged hazard and recommended an improved location for the fuel tank -- the area cradled by the rear wheels, above the rear axle and below the rear window. In addition to the unsuitable fuel tank location issue, there is an additional alleged flaw found in the hex bolt B the hex bolt which is sharp and located on the rear axle can puncture the gas tank. Recent lawsuits claim that these combined hazards lead to fuel tank related fires, explosions, deaths and injuries.

Lawsuits claim that police vehicles are more susceptible than civilian vehicles to high speed rear-end collisions due to a number of reasons: they are frequently parked on the side of roadways with speeds posted in excess of 50 mph and in many instances there is no safe shoulder on the road for emergency stops. These two scenarios are further complicated by reckless or drunk drivers impacting the parked police vehicles.

Ford admitted in an October 2001 Technical Service Bulletin (TSB) that police interceptors have enhanced exposure to highway speed rear-end collisions. According to Ford, more than 500,000 Crown Victoria Police Interceptors have been sold to U.S. law enforcement agencies in the past twenty years which comprises the bulk of the police vehicle market. Other sources suggest that 400,000 Crown Victoria Police Interceptors are still in use today.

An analysis of fire related rear-end collisions in which either death or injury had occurred in police patrol cars performed by the Florida Highway Patrol was brought to Ford's attention on July 26,1999. Ironically, on the same day this analysis was published, Florida's Deputy Sheriff Steven Agner was involved in a tragic fire-related accident that took his life while traveling in his 1999 Ford Crown Victoria Police Interceptor. The report concluded with a recommendation from the author that the Florida Highway Patrol "approach Ford Motor Company about redesigning the fuel tank on the Crown Victoria, and if this is not acceptable to Ford, that we should continue to explore reinforcing the tank." To date, this request of the Florida Highway Patrol has not been acted upon by Ford.

As early as 1981, an Officer was injured in Dearborn, Michigan in a Ford LTD rear-end collision fire. The Crown Victoria was later introduced and built on the same platform as the Ford LTD. Deaths and injuries to police officers escalated in the 1990s with ten more incidents. The numbers continue to climb into the 21st Century with six more incidents reported. It's important to note that other models of Ford's "Panther" line sold to the general public are also affected. These models include the Crown Victoria, Mercury Grand Marquis and Lincoln Town Car, all built with the fuel tank located behind the rear axle.

In November of last year, the National Highway Traffic Safety Administration (NHTSA) opened a "service query" into this issue. NHTSA's service query includes the Ford Crown Victoria Police Interceptors as well as the civilian vehicles mentioned above. According the NHTSA, since 1991 it has received a total of eight consumer complaints that include eight deaths and fifteen injuries.

In October 2001, one month prior to NHTSA's opening of its service query, Ford issued a Technical Service Bulletin to "reduce the unlikely possibility of a fuel tank puncture during an extremely high-speed rear impact." The proposed fix on the TSB is modifying the hex bolt with a round-headed fastener part. This modification is at the owner's expense unless the vehicle is covered under the Bumper to Bumper warranty. No special effort was made by Ford to notify law enforcement agencies of the TSB. While this modification is helpful and should be performed, Ford has far better technology available to it today to help prevent these tragic deaths and injuries. The installation of a bladder or shield between the gas tank and rear axle could potentially save lives. A bladder designed to keep the fuel tank from rupturing is currently available and in use in Ford's Mustang Cobra R specialty production vehicle. Safety experts argue that the only real fix is to redesign this outdated vehicle car with fuel tank placement outside of the "crush zone."

Recent Ford Crown Victoria Police Interceptor Settlements

According to recent lawsuit claims, eleven law enforcement officers' deaths and seven injuries have been linked to fuel tank fires in rear-end collisions involving Ford Crown Victoria Police Interceptors. Here is a sampling of recently settled cases:

  • On July 26 1999, Deputy Sheriff Steven Agner was traveling in Madison County, Florida where he worked as an officer. The1999 Crown Victoria Police Interceptor he drove was traveling at approximately 5 mph when it was rear-ended at an estimating impact of 70 miles per hour. Upon impact the fuel tank ruptured and the vehicle was immediately engulfed in flames. Deputy Agner was eventually extricated from the vehicle but not in time to save his life.
  • On December 9, 1998, Officer Juan Cruz was seated in a stationary Ford Crown Victoria Police Interceptor while on the job for the Arizona Department of Public Safety when the vehicle was rear-ended at a high speed. The collision punctured the fuel tank, the fuel ignited and Officer Juan Cruz died. While Officer Cruz survived the impact without serious injury, the vehicle was engulfed in flames and he was unable to escape in time. (Juan Cruz, Jr. vs. Ford Motor Company et al, Superior Court of Arizona Pima County, No. C20006069)
  • On February 18, 2000, Officer Floyd J. Fink, Jr. was seated in a stationary 1999 Ford Crown Victoria Police Interceptor while on the job for the Arizona Department of Public Safety when the vehicle was struck in the rear at a high speed. As a result of the collision, the fuel tank was punctured resulting in fuel leakage and ignition. Although Officer Fink had survived the collision without serious injury, he was unable to escape the vehicle and died of smoke inhalation and extensive burns. (Fink vs. Ford Motor Company et al, Superior Court of Arizona Pima County, No. CV 2002 002907)
  • On January 28, 2001, Juan Rivera was a passenger in a stationary Massachusetts State Police Crown Victoria Police Interceptor when it was rear-ended at 57 miles per hour. The impact ruptured the fuel tank and the vehicle was immediately engulfed in flames. Juan Rivera was severely burned before being removed from the vehicle.

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