IN RE FORD MOTOR COMPANY SPEED CONTROL DEACTIVATION SWITCH LITIGATION; Cause No. D-1-GN-08-000901; In the 53rd Judicial Court of Travis County, Texas.
What To Do If You Were Injured In A Ford Vehicle Fire Or Suffered A Substantial Property Loss
If you have experienced a fire originating from your Ford car, truck or SUV, attorney W. Craft Hughes for a free case evaluation about a potential Ford recall lawsuit. There is no charge or obligation to review your case. You may also contact us by telephone at 888-350-3931 and request to speak to Ford fire recall attorney W. Craft Hughes. We will also investigate vehicles made by other manufacturers that caught fire and led to an injury or significant property damage.
UPDATE (October 14, 2009): Fire Fear in Fords Prompt Big Recall
The Wall Street Journal (October 14, 2009) - Ford Motor Co. said it is expanding a recall by an additional 4.5 million vehicles, its largest ever such action, to fix a fire hazard. The recall involves a faulty cruise-control deactivation switch made by Texas Instruments Inc. With Tuesday's move, a total of 16 million Ford cars and trucks have been recalled since 1999 due to the switch, the National Highway Traffic Safety Administration said. Separately Tuesday, in a move to reach competitive parity with its cross-town rivals, Ford reached a tentative agreement with the United Auto Workers union to freeze entry-level wages, implement a no-strike clause and pay a bonus to workers for agreeing to the concessions.
Of the 4.5 million vehicles involved in the latest Ford recall, company spokesman Mark Truby said the chief concern was with the reports of fires among the 1.1 million Ford Windstar minivans sold from model years 1995 through 2003. He said the remaining 3.4 million vehicles were being recalled out of caution. Texas Instruments said in a statement that "the switch is only one component of Ford's cruise control deactivation switch system and is not the root cause of the fires. The closing report of a NHTSA investigation in 2006 made it clear that multiple factors combine to contribute to the fires." Ford officials said the fires haven't led to serious injuries or fatalities. "We do acknowledge that the switch has led to vehicle fires and fires that led to property damage," Ford spokesman Wesley Sherwood said.
Ford declined to say how much repairing the affected vehicles would cost the company.
Ford has long battled safety issues related to the switch that, according to the government safety agency, can leak hydraulic fluid, overheat and burn. The defect can potentially cause vehicle fires even with the ignition turned off. The latest recall is connected to a newer finding that these fires could be connected to the vehicles' anti-lock braking system. The recall's latest phase involves certain model years of the Ford Windstar minivans; the Explorer, Excursion and Mercury Mountaineer sport-utility vehicles; F-Super Duty and Ranger pickup trucks; Econoline vans; and F53 motorhomes. The switch, which costs about $20, can be replaced or a damlike device can be inserted to prevent fires, according to Ford.
The safety agency cautioned all owners of recalled Fords to make appointments with dealers for the fix and not park the vehicles in garages or near homes until the repair is made. Meanwhile, the UAW's national delegates at Ford voted unanimously to recommend the contract changes to members. No date for a vote was announced. "We knew that as Ford improved, it will make ratification more difficult. But at the same time this is not about concessions; it's got more positives for our members than negatives," UAW President Ron Gettelfinger told reporters.
History of Ford's SCDS Problem
Many of today's vehicles contain a speed control device used to maintain a constant and steady speed of the vehicle without the driver depressing the gas pedal. Drivers typically use speed control devices on long trips involving driving long distances on highways. However, the driver must disable the device when driving in areas requiring multiple stops, usually by tapping the gas pedal. The driver uses the speed control deactivation switch ("SCDS") to disable the speed control.
The SCDS utilized by Ford Motor Company ("Ford") costs about $21. The switch shuts off the cruise control when the driver firmly steps on the brakes. The switch is located under the hood of the vehicle and is attached to the brake master cylinder on one end and wired to the cruise control on the other. This position places it above flammable reservoirs of brake fluid.
The following signs could indicate that you have a problem with your cruise-control switch:
- cruise control is not working properly;
- brake fluid is leaking around the switch;
- fuses are blown near the switch; or
- the fuse for the speed control cannot be opened.
Ford Motor Company manufactured millions of vehicles with alleged defects in the speed control and speed control deactivation switches. Unfortunately, Ford powered its speed control deactivation switches in these vehicles through the same electrical circuit used to power the vehicle's brake lights. Federal regulations require the brake light electrical circuit to be powered at all times ("PAT") so the brake lights will function even when the vehicle is turned off. Thus, Ford's speed control deactivation switches were also powered at all times, even when the vehicle is turned off and the keys are out of the ignition.
The constant powering of Ford's speed control deactivation switches has proved to be tragic. Alleged defects in Ford's speed control deactivation switches resulted in degradation of the Kapton® seal separating brake fluid from the circuits used to power the SCDS. As a result, brake fluid spilled into the compartment containing the circuits powering the SCDS. The constant power then resulted in the brake fluid igniting and causing tragic fires in vehicles across the country.
Investigators say fires can break out under certain conditions, such as when the SCDS film cracks and brake fluid from the master cylinder seeps into the electrical side of the switch. This can cause a fire, even when the engine had been turned off and, in some cases, idle for days.
These fires occur when the driver parks the vehicle and turns the power off, often hours later. These fires occur in driveways, inside garages, and in parking lots; usually destroying the vehicle and its contents, often destroying homes and the home contents, sometimes injuring people, and sometimes even killing people. Sadly, the fires often occur while people are sleeping in their homes.
This is not the first time Ford used this design for its SCDS. Ford used this same SCDS design in the 1992-1993 Lincoln Towncar vehicle with similar results. Inexplicably, Ford used the same design in many of the current vehicles involved in the most recent recalls (listed below).
Ford Fire Recalls - Vehicles Affected
Since 1999, Ford Motor Company has recalled over 10.4 million Ford, Lincoln and Mercury cars, SUVs and pickup trucks due to faulty cruise control switches, which can corrode overtime and catch fire. The National Highway Traffic and Safety Administration's (NHTSA) has reported receiving thousands of complaints connected to the defect. The relevant Ford Fire Recalls are listed below for your convenience:
(1) On May 13, 1999, Ford voluntarily recalled approximately 279,000 vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the May 13, 1999 Recall Letter by clicking here. Vehicles affected by this recall are the 1992-1993 model Lincoln Town Car, and 1992-1993 Ford Crown Victoria and Mercury Grand Marquis.
(2) On January 27, 2005, Ford voluntarily recalled approximately 738,490 vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the January 27, 2005 Recall Letter by clicking here. Vehicles affected by this recall are the 2000 model F-150, Expedition, and Lincoln Navigator, and the 2001 model F-150 SuperCrew vehicles.
(3) On September 7, 2005, Ford voluntarily recalled approximately 3.8 million vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the September 7, 2005 Recall Letter by clicking here. Vehicles affected by this recall are the 1994-2002 F-150, 1994-1999 F-250 Light Duty, 1994-1996 Ford Bronco, 1997-2002 Ford Expedition, 1998-2002 Lincoln Navigator and 2002 Lincoln Blackwood vehicles.
(4) On July 27, 2006, Ford voluntarily recalled approximately 1.2 million vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the July 27, 2006 Recall Letter by clicking here. Vehicles affected by this recall include certain model year 1994-2002 F-250 through F-550 Super Duty trucks, 2000-2002 Excursions, 1994-1996 Econolines, 1996-2002 E-450 vans, and 1998 Explorers and Mountaineers.
(5) On March 1, 2007, Ford voluntarily recalled approximately 155,584 vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the March 1, 2007 Recall Letter by clicking here. Vehicles affected by this recall include the 2002 model year Ford E-550, early-build 2003 F-150, F-250-550 Super Duty, Ford Excursion, Ford E-550, and Lincoln Blackwood vehicles.
(6) On August 2, 2007, Ford voluntarily recalled approximately 3.6 million vehicles because the speed control deactivation switch may overheat, smoke and burn resulting in fire. View the August 2, 2007 Recall Letter by clicking here. Vehicles affected by this recall include certain 1998-2002 Ford Ranger, 1992-1998 Ford Crown Victoria, Mercury Grand Marquis and Lincoln Town Car, 1993-1998 Lincoln Mark VIII, 1993-1995 Ford Taurus, 1994 Mercury Capri, 1999-2001 Ford Explorer and Mercury Mountaineer, 2001-2002 Ford Explorer Sport and Explorer Sport Trac, 1992-1993 and 1997-2003 Ford E-150-350 vehicles, 2003 E-450, 1993 Ford Bronco, 1993 Ford F-Series, 1995-2002 Ford F53 Motorhome chassis and 2003-2004 Ford F-150 Lightning vehicles.
(7) On February 1, 2008, Ford voluntarily recalled approximately 225,000 vehicles repaired with a "wiring harness service part" that did not have the fusing protection intended for certain vehicle configurations or was mis-applied to vehicle applications for which the harness was not released. View the February 1, 2008 Recall Letter by clicking here. Vehicles affected by this recall include certain 1992-2003 Econoline Vans, 1993-1995 Taurus SHOs, 1992-1998 Crown Victorias and Grand Marquis, 1992-1995 Lincoln Towncars, 1993 Ford Broncos, and certain 1993 F-Series Trucks.
(8) On October 13, 2009, Ford voluntarily expanded it's recall to include an additional 4.5 million vehicles containing a faulty cruise-control deactivation switch made by Texas Instruments Inc. A total of 16 million Ford cars and trucks have been recalled since 1999 due to the switch, according to the National Highway Traffic Safety Administration ("NHTSA"). View the October 13, 2009 Recall Letter by clicking here. Vehicles affected by this expanded recall include certain 1995-2003 model year Ford Windstar, 2000-2003 Ford Excursion diesel, 1993-1997 and 1999-2003 Ford F-Super Duty diesel, 1992-2003 Ford Econoline, 1995-2002 Ford Explorer and Mercury Mountaineer, 1995-1997 and 2001-2003 Ford Ranger, and 1994 Ford F53 Motorhome vehicles equipped with the Texas Instruments speed control deactivation switch (SCDS). A complete copy of the NHTSA ODI Resume dated September 17, 2008 can be viewed by clicking here.
What To Do If Your Vehicle Has Caught Fire
If you experienced a vehicle fire, you should contact your insurance company and preserve the physical evidence needed to establish your claim. You should also report your vehicle fire to the United States National Highway Traffic Safety Administration (NHTSA), so that NHTSA receives notice of the incident.
To report a fire incident with any vehicle, visit the NHTSA website at http://www.nhtsa.dot.gov/ or http://www-odi.nhtsa.dot.gov/ivoq/ or call 1-888-DASH-2-DOT.
By U.S. mail, contact the NHTSA at:
U.S. Department of Transportation
National Highway Traffic Safety Administration
Office of Defects Investigation
NSA-10.01, 400 7th Street, SW
Washington, DC 20590
Ford cruise control fires have caused injury to people across the United States. Our firm works diligently to protect the rights of injured people, and we will be there to protect yours. Our Houston offices are open weekdays from 8:00 a.m. to 6:00 p.m. If you have been injured in a Ford cruise control fire, contact W. Craft Hughes today for a free initial consultation.
