NHTSA’s New Rule Proposal to Protect Pedestrians: What It Means for Road Safety

Understanding the Importance of Pedestrian Safety Standards in Reducing Injuries and Fatalities

The National Highway Traffic Safety Administration (NHTSA) is taking a significant step forward in improving pedestrian safety with a proposed rule aimed at reducing the risk of severe injuries and fatalities in pedestrian-vehicle crashes. With pedestrian fatalities on the rise in the United States, the NHTSA’s new initiative seeks to address this alarming trend by requiring automakers to design passenger vehicles with specific pedestrian safety standards in mind.

The proposed rule targets vehicles that weigh 10,000 pounds or less, which includes most cars, trucks, SUVs, crossovers, and vans. These vehicles have been identified as contributing significantly to pedestrian fatalities, with the front of the vehicle being the most common point of impact. In 2022 alone, 88% of pedestrian fatalities occurred in single-vehicle crashes, and multipurpose passenger vehicles (MPVs) like trucks and SUVs accounted for 49% of those deaths.

According to the NHTSA, the new rule will involve designing vehicles to reduce the risk of fatal injuries in pedestrian crashes, particularly focusing on head injuries. The rule will establish test procedures that simulate the impact between a pedestrian’s head and the vehicle’s hood, aiming to minimize the risk of serious head trauma. These tests will include the use of human-like headforms, representing both children and adults, to ensure that the vehicle designs offer protection across different body types.

By creating this standard, the NHTSA hopes to align U.S. vehicle regulations with global safety standards, while also enhancing safety measures for large vehicles that are particularly popular in the U.S. market. The expectation is that these changes will save lives and significantly reduce the number of pedestrian fatalities each year, addressing a growing crisis in road safety.

The Impact of Dangerous Vehicle Designs on Pedestrians

Pedestrians are among the most vulnerable road users, and the rising number of fatalities highlights the serious risks they face in collisions with vehicles. Pedestrian accidents can result in devastating injuries, including broken bones, internal trauma, and, most commonly, head injuries. When a vehicle strikes a pedestrian, the initial impact is often to the lower extremities, but the secondary impact—when the head strikes the hood or windshield—can be fatal or cause life-changing injuries.

The size and design of larger vehicles like SUVs and trucks exacerbate the problem. These vehicles tend to have higher front ends, which can make it more likely for pedestrians to suffer severe injuries in a collision. For example, a higher hood might cause a pedestrian to be thrown further upon impact, increasing the chances of fatal head injuries. Additionally, larger vehicles have more mass, meaning they exert greater force in a crash, making the injuries even more severe.

The NHTSA’s new rule is designed to mitigate these risks by addressing vehicle design flaws that contribute to pedestrian fatalities. It introduces standards that require manufacturers to consider how their vehicles’ structure impacts pedestrians in a crash. By focusing on head protection, the NHTSA is tackling one of the most dangerous aspects of pedestrian-vehicle collisions. While this rule is a step in the right direction, it comes after years of rising pedestrian fatalities, and for many, the changes may not come soon enough.

Legal Recourse for Pedestrians Injured by Dangerous Vehicles

For pedestrians injured in vehicle collisions, the consequences can be life-altering. Not only do victims face physical pain and long recovery times, but the financial burden can be overwhelming. Medical bills, rehabilitation costs, and lost wages can add up quickly, leaving victims struggling to make ends meet while they try to heal. In the worst cases, families are left to cope with the loss of a loved one, facing both emotional and financial hardship.

When a pedestrian is injured or killed due to the dangerous design of a vehicle, there may be grounds for a product liability lawsuit. Automakers have a responsibility to ensure that their vehicles are safe for all road users, including pedestrians. If the design of the vehicle is found to contribute to the injuries or death, the manufacturer can be held liable for damages.

Filing a lawsuit after a pedestrian accident begins with proving that the vehicle’s design played a role in causing the injuries. This often requires the help of engineers, this new rule would establish a Federal Motor Vehicle Safety Standard that requires automakers to design passenger vehicles in a way that better protects pedestrians, particularly in crashes involving the front of the vehicle.

The need for such regulations is urgent. In 2022 alone, 88% of pedestrian fatalities occurred in single-vehicle crashes, with larger vehicles like SUVs, trucks, and crossovers contributing significantly to these numbers. According to NHTSA, multipurpose passenger vehicles accounted for 49% of pedestrian fatalities from front-end crashes, with passenger cars responsible for another 37%. These alarming statistics highlight the vulnerability of pedestrians, especially when involved in accidents with larger, heavier vehicles.

NHTSA’s proposed rule would apply to all passenger vehicles weighing 10,000 pounds or less, covering a broad range of vehicles commonly found on American roads. The new standards would require automakers to implement vehicle designs that minimize the impact on pedestrians, specifically focusing on head-to-hood impacts. By incorporating testing procedures that simulate such impacts with headforms resembling both children and adults, automakers would need to ensure that their vehicles reduce the risk of head injury during crashes.

The push for this new rule is part of a broader initiative to harmonize U.S. vehicle regulations with global standards, as set out by the Bipartisan Infrastructure Law. NHTSA’s proposal is designed to align with Global Technical Regulation No. 9, while making specific adjustments for popular American vehicle types such as pickup trucks and large SUVs, which accounted for a substantial portion of passenger vehicle sales in recent years. The new safety standard aims to address the rising pedestrian fatality rate, which increased by 57% between 2013 and 2022, from 4,779 deaths to 7,522.

Federal safety regulators estimate that if implemented, the new standard could save 67 lives annually. Although this might seem like a modest improvement, every life saved represents a significant advancement in road safety. Moreover, the NHTSA’s focus on vulnerable road users, such as pedestrians, is a crucial aspect of its broader mission to reduce roadway fatalities and protect those most at risk.

The Impact of Defective Vehicle Design on Pedestrian Safety

When pedestrian crashes occur, especially with larger vehicles, the injuries sustained are often severe or fatal. Pedestrians are at a particular disadvantage in these situations because they lack the protective barriers that vehicle occupants have, such as seatbelts and airbags. Vehicle design plays a major role in determining the extent of injury during a crash, particularly with regard to the height, weight, and shape of the vehicle’s front end.

The injuries pedestrians suffer in vehicle crashes are often devastating. Head trauma is common when pedestrians are struck by the front of a vehicle, and such injuries can result in long-term disabilities or death. Even in cases where the pedestrian survives, recovery may involve extensive medical treatment, rehabilitation, and the potential for lifelong consequences such as cognitive impairment, physical disability, and emotional trauma. This not only affects the victim but also places a significant burden on their families.

Beyond the immediate physical harm, the financial impact on victims can be overwhelming. Medical bills can quickly pile up, especially for those who require long-term care. Additionally, victims often face loss of income if they are unable to work due to their injuries. Families may also suffer from the emotional toll of caring for an injured loved one, especially if the injuries result in permanent disability or loss of life.

For those affected by defective vehicle designs or inadequate safety measures, seeking compensation through legal action may be the best way to recover financial losses and hold automakers accountable. When pedestrian injuries or fatalities are caused by design flaws in a vehicle, victims or their families may be entitled to pursue legal claims for damages.

Filing a Lawsuit for Pedestrian Injuries

Victims of pedestrian accidents involving reckless driving or defective vehicle designs may have grounds to file lawsuit. In cases where a vehicle’s design fails to meet safety standards or contributes to the severity of the injuries, the manufacturer may be held liable for the resulting harm. This is especially relevant as NHTSA pushes for stronger pedestrian safety standards. If an automaker fails to comply with these new rules, or if existing vehicles have design flaws that contribute to pedestrian injuries, legal action may be warranted.

The first step in filing a lawsuit is consulting with a personal injury attorney who has experience handling cases involving vehicle safety. A knowledgeable pedestrian accident attorney can help victims understand their legal rights and guide them through the process of filing a claim. This typically involves gathering evidence, such as medical records, accident reports, and expert testimony, to demonstrate that the vehicle’s design played a role in causing the injuries.

Once the lawsuit is filed, both sides will engage in a process known as discovery, during which they exchange information and gather additional evidence. In many cases, the at-fault party may offer a settlement to resolve the case without going to trial. If a settlement cannot be reached, the case may proceed to court, where a judge or jury will determine the outcome.

Why Victims Need an Attorney for Accident Injury Cases

Navigating the legal system without the help of an attorney can be challenging, particularly in cases involving complex issues like vehicle design and reckless driving. Automakers often have legal teams dedicated to defending against claims, making it difficult for injured pedestrians to obtain fair compensation without professional legal representation.

An attorney can help ensure that all aspects of the case are properly handled, from filing the lawsuit to negotiating a settlement or presenting the case at trial. They can also help victims recover the full range of damages to which they may be entitled, including compensation for medical expenses, lost wages, pain and suffering, and, in cases of wrongful death, funeral expenses and loss of companionship.