NHTSA’s Proposed Rules Targets Pedestrian Safety And Vehicle Design

The rise in pedestrian fatalities in the United States has reached alarming levels, with a 57% increase in deaths from 2013 to 2022. A significant factor behind this surge is the growing popularity of trucks and SUVs, which are designed with higher hoodlines and more mass, leading to a greater likelihood of fatal injuries in pedestrian accidents. In response, the National Highway Traffic Safety Administration (NHTSA) is taking steps to introduce the first-ever pedestrian crash safety standards in the U.S., a move that could reshape car design in the years to come.

These proposed standards focus on modifying the Federal Motor Vehicle Safety Standards (FMVSS) to include test procedures for simulating head-hood impacts in crashes involving vehicles under 10,000 pounds. This covers most trucks, SUVs, and passenger cars involved in fatal pedestrian collisions. This proposal is part of a larger effort to align U.S. safety regulations with international standards, particularly those in Europe, where pedestrian safety has been prioritized for years. According to the NHTSA, these new standards could prevent approximately 67 pedestrian deaths annually.

The NHTSA specifically points to pickup trucks and large SUVs as being especially dangerous for pedestrians. These vehicles account for nearly a quarter of all new vehicle sales in the U.S. Their sheer size, weight, and poor visibility increase the risk of severe injuries or death upon impact. Heavier vehicles have longer stopping distances, and their high hoodlines make it more likely that a pedestrian will sustain fatal injuries to vital organs like the brain or heart. Other factors contributing to the rising pedestrian death toll include distractions from in-car technology, smartphones, and street designs that are unfriendly to pedestrians.

The NHTSA’s proposal builds on an earlier mandate passed in April 2024, which requires all new vehicles to include pedestrian-detecting automatic emergency braking (AEB) systems by September 2029. The AEB technology is designed to reduce the number of pedestrian accidents by detecting people in the vehicle’s path and applying brakes if the driver does not react in time. Together, these regulations are aimed at reducing pedestrian fatalities and enhancing vehicle safety, but the impact on vehicle design may still take years to fully materialize.

Even though the changes in vehicle design are expected to be modest, with many cars sold in the U.S. already compliant with European pedestrian safety standards, the proposed rules mark a significant shift in how the U.S. addresses pedestrian safety. The days of towering pickup trucks with five-foot-high hoods may soon be behind us, as automakers will likely need to rethink certain aspects of vehicle design to meet these evolving standards. In addition to the safety benefits for pedestrians, the new regulations could streamline manufacturing processes, as automakers would have fewer sets of safety regulations to comply with globally.

The Human Toll of Vehicle Design and Pedestrian Accidents

While regulatory changes are essential for improving pedestrian safety, the tragic reality is that many pedestrians continue to suffer life-altering injuries or death due to unsafe vehicle designs. Trucks and SUVs, with their larger size and high hoodlines, often cause more severe injuries than smaller vehicles. When a pedestrian is struck, the impact tends to occur at a higher point on the body, leading to traumatic head and chest injuries. This can result in long-term medical complications, permanent disability, or even death.

Victims of pedestrian accidents face a wide range of challenges, from immediate medical bills and lost income to ongoing rehabilitation costs and emotional trauma. Family members who lose a loved one in such accidents endure immense grief and financial stress. In many cases, the physical and emotional toll on victims and their families is compounded by the realization that these accidents could have been prevented if vehicle safety standards had been stricter.

In situations where a defective vehicle design plays a role in causing or exacerbating an injury, victims and their families may have the right to pursue legal action. Product liability claims, particularly those involving vehicle design defects, hold manufacturers accountable for producing unsafe products that put lives at risk.

Filing a Product Liability Lawsuit for Pedestrian Injuries

When someone is injured or killed due to a vehicle’s defective design, they or their family members can file a product liability lawsuit to seek compensation. These lawsuits often focus on design defects that make the vehicle unreasonably dangerous for pedestrians. In the case of large trucks and SUVs, for instance, plaintiffs may argue that the high hoodline design increases the risk of severe injury or death in pedestrian accidents, and that safer alternative designs exist.

The process of filing a product liability lawsuit begins with gathering evidence. This includes medical records, police reports, and expert testimony regarding the vehicle’s design and its role in causing the injury. Victims or their attorneys must prove that the design defect directly contributed to the injury and that the manufacturer could have taken steps to prevent it. This often requires a detailed investigation into the design and manufacturing process, as well as an analysis of whether the manufacturer was aware of the potential safety risks.

Once the case is filed, both sides engage in discovery, where evidence is exchanged, and depositions may be taken. In many cases, manufacturers may offer to settle the case before it reaches trial, especially if the evidence strongly supports the victim’s claim. If a settlement cannot be reached, the case may go to court, where a judge or jury will determine liability and award damages.

The role of an attorney in these cases is critical. Product liability cases against large vehicle manufacturers are complex and often involve significant legal resources. Having a skilled attorney ensures that victims’ rights are protected, that they receive the full compensation they deserve, and that all legal steps are properly followed.

Recoverable Damages in a Product Liability Case

Victims of pedestrian accidents involving defective vehicle designs may be entitled to several types of compensation. Medical expenses are a primary concern, covering everything from emergency care to ongoing treatment and rehabilitation. Additionally, victims can recover lost wages if their injuries prevent them from returning to work. For families who have lost a loved one, compensation may cover funeral costs and the financial support that the deceased would have provided.

In addition to these economic damages, victims may also seek compensation for pain and suffering, emotional distress, and loss of quality of life. In cases where the manufacturer’s actions were particularly negligent or reckless, punitive damages may also be awarded to punish the manufacturer and deter similar conduct in the future.