US safety law poses threat to car accident victims' product liability claims
A principal factor behind manufacturers striving to create safer, better goods is the ever-present threat of product liability claims and the costly litigation and bad publicity that goes along with such a claim.
Law professors in the US are calling for higher standards for car roof safety as the National Traffic Safety Administration (NHTSA) nears the end of its “roof-crush” rulings.
The professors in question argue that, unlike airbag rules that have saved thousands of lives since they were implemented, the roof-crush rule could slow the progress of manufacturers making safer cars in the long term. They say that the NHTSA plan to use the new rule to “undercut one of the most effective mechanisms for encouraging safer automobiles – lawsuits brought by accident victims alleging faulty design and construction.”
Each year, in the US, 10,000 vehicle occupants are killed in rollover accidents; approximately 500 of these fatalities are due to roof-crush. SUVs and vehicles with a high centre of gravity are the most prone to rollover accidents, but the NHTSA have not produced rulings that could reduce the chances of such incidents. The roof-crush rule is the closest to a form of legislation that will protect consumers from rollover accidents.
However, the professors say it does not go far enough as the new standard for roof safety is already met or exceeded by 68 per cent of US cars. The NHTSA say that the new standard will save about 10 per cent of those who die from roof-crush and whilst they acknowledge this is desirable, the professors argue that it is not good enough, and simply by making the standards more stringent, more lives could be saved.
They contentiously argue that the Bush administration has repeatedly allowed regulatory agencies to “shield industry from the harm defective products cause” by not putting in place tough enough regulations thus pre-empting accident victim’s right to take manufacturers to court regarding the safety and manufacture standards of their products.
YouClaim and no win no fee product liability claims
If you have received personal injury in a car accident and you believe the car’s safety equipment did not adequately protect you, then you may be able to claim 100% compensation with YouClaim. Our personal injury lawyers will investigate your claim thoroughly to see if your vehicle conformed to UK safety regulations and if the manufacturer is deemed to be at fault you could make a product liability claim.
Our specialist product liability solicitors work on a no win no fee basis that means whatever the outcome of your claim you will never be charged for their services. They have years of experience and are all governed by the exacting standards demanded by the Solicitors Regulation Authority.
You can speak to one of our advisers by calling 0800 10 757 95 or we can always call you back at a time to suit you. You could have an e-chat with one of our legal advisors or you may wish to fill in our online claim form giving us brief details of your product liability claim. Whichever way you choose to get in touch with us we endeavour to give you the best service possible.
