That delivery van making its slow creep through your neighborhood could pose a car accident risk—even when there’s no one behind the wheel.

Complaints have surfaced involving Mercedes-Benz Sprinter delivery vans with e-shifter automatic shifting capabilities that, according to the allegations, have in some instances rolled away after the automatic park function was applied. These complaints have led to a federal investigation and a recall, and product liability attorneys are now investigating potential lawsuits pertaining to rollaway incidents.

Rollaway Van Complaints and NHTSA Investigation

After a number of incidents involving complaints of delivery vans with automatic shifting features rolling away while in park, the National Highway Traffic Safety Administration (NHTSA) opened a federal investigation in August 2021. At the time the Preliminary Evaluation was opened, the NHTSA was aware of 11 rollover complaints involving Mercedes-Benz Sprinter delivery vans—specifically, 2500/3500/4500 models with the model year 2019. Mercedes Sprinter vans include vans configured for use as Amazon delivery vehicles.

According to the NHTSA, the vehicles involved in the complaints would “roll away shortly after being shifted to park using the Auto-P function.” Multiple crashes or fires had been reported as a result of these incidents, including at least one known collision that caused an injury.

“A rollaway vehicle with no operator behind the steering wheel could potentially strike pedestrians, moving or parked vehicles or buildings resulting in injury, fatality and/or property damage,” noted NHTSA investigators speaking on the safety risk that such a defect could pose.

The delivery driver could sustain an injury upon exiting the vehicle, dropping off a package, or returning to the van if it should start to roll while placed in park. Others in the vicinity of a defective vehicle, from other drivers and vehicle occupants to unsuspecting pedestrians and bicyclists, are also at risk of being struck by a rollaway van with no one behind the wheel to stop it.

January 2022 Mercedes Sprinter Van Recall

By the end of 2021, Mercedes-Benz Sprinter van manufacturer Daimler Vans USA, LLC submitted a Part 573 Safety Recall Report to the NHTSA. The NHTSA acknowledged the recall in January 2022, and dealers began to be notified that nearly 50,000 vehicles were being recalled.

According to the recall report, the population of affected vehicles encompassed two classes of vehicles:

• 2019-2021 Mercedes-Benz Sprinter (VS30, Platform 907) vans with production dates between June 05, 2018, and November 30, 2020, that include both a manual parking brake and a 7-speed automatic transmission manufactured at the Hedelfingen transmission plant in Germany from May 1, 2018, to October 31, 2019.

• 2019-2021 Mercedes-Benz Freightliner Sprinter (VS30, Platform 907) vans with production dates between June 05, 2018, and November 30, 2020, that include both a manual parking brake and a 7-speed automatic transmission manufactured in the Hedelfingen transmission plant from May 1, 2018, to October 31, 2019.

All told, the manufacturer puts the number of vehicles potentially involved in the recall at 48,400, although the company estimated that just 1% of the vehicles were actually affected by the defect that prompted the recall.

That defect, according to the recall report, is “a rare and temporary park lock system error” pertaining to the vehicle’s ESP Control Unit Software. The report goes on to say that, “despite Mercedes-Benz’s intensive investigation, multifaceted testing, analyses, and evaluation, no clear and specific technical root cause for the rare phenomenon has yet been identified and confirmed.”

Can You Sue for a Rollaway Delivery Van Accident?

As the NHTSA noted, rollaway delivery vans have the potential to cause accidents, some of which may lead to serious injuries. For individuals involved in these accidents, the complicated nature of these unusual collisions can raise a lot of questions. It’s not your fault if, as a pedestrian or the occupant of another vehicle, you were struck by an out-of-control delivery van rolling away with no one behind the wheel—but establishing who was at fault and proving their liability is challenging in a matter like this.

An injured victim has the right to seek compensation for the damages they suffered because of a collision with a rollaway delivery van. However, this matter isn’t just your average car accident claim, in which the most likely defendants would be the other driver and, if the worker was on the clock at the time, their employer. Our attorneys are now investigating potential product liability claims against manufacturers whose alleged negligence may have contributed to the issue of these vans rolling away after the automatic shift to park function was engaged.

Cases involving rollaway delivery van accidents may involve multiple defendants and multiple theories of liability. They aren’t simple matters that you can handle on your own. Once you report the accident to the police and start getting the medical care you need, you should speak to an experienced car accident and products liability lawyer about your situation. Attorneys are investigating rollaway delivery van accidents and representing clients on a no-win, no-fee basis, so injured victims don’t have to pay out of pocket for professional legal assistance.