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Attorney Generals Challenge Auto Roof Strengthening Bill
December 28, 2005
According to an Associated Press report, 26 state attorney generals are pleading with the government to be wary of the language used in a federal proposal to increase the weight resistance of automotive roofs. The proposed regulation could potentially prevent plaintiffs from suing automakers if their vehicle's roof met the new weight standards. The National Highway Traffic Safety Administration has recommended a roof crush resistance of 2.5 times the weight of the vehicle, a vast increase from the current start of 1.5 times the weight. These new roof crush standards would now encompass pickup trucks and large sports utility vehicles for the first time.
The attorney generals however are questioning the legal issues of the change. They argue that the federal proposal baring the plaintiffs to take legal action against automakers is a breach state's rights and would create a shift in the burden of vehicle accident costs to the states. The state and federal government will be responsible for millions of dollars in medical expenses that will ultimately be paid by the taxpayers rather than the manufacturer.
The letter was pioneered by Iowa Attorney General Tom Miller, and North Dakota Attorney General Wayne Stenehjem and was signed by 24 other officials. A National Highway Traffic Safety Administration spokesman says that the concerns of the attorney generals will certainly be taken into consideration when the final regulation regarding the roof crush resistance is written.
Rollover auto accidents are responsible for more than 10,000 deaths and comprise approximately one third of all traffic fatalities. These alarmingly high figures have prompted a close watch on roof safety standards. An estimated 600 fatalities and 800 severe injuries occur in vehicle accidents where the belted passenger is crushed by the collapsed roof during a rollover.
The auto safety proposal has also generated concern in Congress. Legislative officials Senator Arlen Spector of Pennsylvania, chairman of the Senate Judiciary committee, and ranking Democrat Senator Patrick Leahy have expressed hesitations regarding the language used in the proposal.
The NHTSA has stated they will consider all comments when drafting the final version of this roof crush standard provision. It the bill does go through as written, it will prevent injured motorists from seeking compensation for their losses related to auto defects and will place a tremendous burden on individual states.
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