In a world where you cannot turn on the news without hearing about another recall involving cars and trucks, one must wonder what role the government plays in regulating automobile safety. Cars and trucks are regulated by the Federal Government through the Department of Transportation. The specific division of the Department of Transportation regulating automobiles is the National Highway Traffic Safety Administration (NHTSA). NHTSA was formed in 1970 after mounting pressure from the public to make the American roadways safer. NHTSA describes its mission as “Save lives, prevent injuries, reduce vehicle related crashes”. Despite the well-intentioned mission, the safety regulations of this agency often amount to nothing more than bare minimum standards that do not keep up with those of other developed countries.
NHTSA is responsible as an agency for carrying out many different tasks to fulfill its mission to save lives, however the primary task related to automobile safety is writing and enforcing the Federal Motor Vehicle Safety Standards (FMVSS). The standards apply to all automobile manufacturers who sell vehicles in the United States. The manufacturers of automobiles and automobile components and related equipment must comply with the standards and certify that compliance with NHTSA. The standards serve as the minimum safety performance standards. Nonetheless, few automakers certify their vehicles above the safety standards minimum requirements, despite an abundance of technology available to do so in a cost effective manner.
Federal Motor Vehicle Safety Standards apply to just about every component you can think of in your automobile – from windshield wipers and rearview mirrors to head restraints, seatbelts and roof strength. The standards detail not only the specific requirements for vehicles to be sold in the United States, but also the methods by which compliance must be certified, i.e. how the manufactures must test their products to make sure they comply. For example, FMVSS 216 is a standard regarding Roof Crush Resistance in a vehicle rollover. The 216 standard not only tells us what NHTSA requires in terms of roof strength, but it also describes a specific test procedure whereby a large plate is pressed against a specific portion of the roof for a proscribed period of time. The roof must withstand the pressure applied with minimal deformation for the duration of the test.
What do these safety standards mean to you as an occupant of a vehicle who sustains an injury in a crash?
The issue with the Federal Motor Vehicle Safety Standards really becomes whether a car or truck manufacturer is off the hook if they comply with these minimum standards. In most instances, the answer is no, although the laws vary according to both applicable state law and the specific safety standard. The bottom line when it comes to government safety standards and automobiles is that the standards are a good starting point, but they do not preclude the automaker from answering to personal injury claims when their product is involved in an injury producing crash.
If you or someone close to you was severely injured or killed in a car crash, do not assume that compliance with federal safety standards precludes you from seeking compensation if the automobile is defective in design or manufacture.
Written by*:
Shalimar S. Wallis
WATTS GUERRA LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Email: swallis@guerrallp.com
* This information is provided to supply information relating to motor vehicle safety regulations, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have a lawyer, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
