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January 05, 2006
NHTSA TORT REFORM ATTEMPT ATTACKED BY STATE OFFICIALS
Organizations representing state legislators and attorneys general have reacted sharply to a proposal by NHTSA to modify FMVSS 216, the roof crush standard. The proposal would preempt lawsuits against car companies by injured people in roof crush accidents if the involved vehicles complied with the modified standard.
In comments filed with NHTSA the National Conference of State Legislatures , said that it is deep1y troubled that the proposal would infringe upon traditional areas of state sovereignty and threaten our dual system of government. Pointing to the provision preempting lawsuits, which would impinge on state common-law rights, it charged that no federal statutory basis exists for such a preclusion, and criticized NHTSA for failing to consult state officials prior to publishing the proposals.
In its comments opposing the preemption provision, the National Association of Attorneys General, on behalf of more than thirty-five of its members, warned NHTSA that its preemption position impinges directly on state court jurisdiction in an area traditionally and historically reserved for the states. The state common law court system serves as a vital check on government-imposed safety standards. Vehicles and equipment can contain hazardous features and still meet federal minimum safety standards. NHTSAs proposal is likely to erode manufacturer incentives to assure that vehicles are as safe as possible for their intended use. State Attorneys General represent state agencies that may have common law tort claims against vehicle or parts manufacturers for injuries suffered by state employees operating state owned vehicles. States may also have reimbursement claims against vehicle or parts manufacturers for Medicaid funds paid for injured citizens. NHTSAs assertion would be a significant impediment to recovery in these cases.
Earlier stories on the FMVSS 216 proposal and reaction will be found in the Current Development archives listed in the left-hand column. For historical documents concerned with rollover and roof crush hazards, visit the Rollover section of Collections.
Posted by MVHAP at January 5, 2006 11:45 AM