Home -> Law Blog Directory -> Personal Injury Law Blogs -> Charlottesville Personal Injury Lawyer
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Personal Injury Law
: Charlottesville Personal Injury LawyerNHTSA Attempts to Preempt Certain State Seat Belt Laws
By Greg Webb
The National Highway Traffic Safety Administration (NHTSA) has attempted to preempt state tort law by redefining “designated seating positions.” The new definition helps determine the number of seat belts required in a vehicle, and eliminates the exception for auxiliary seats. This allows all intended seating locations to provide crash protection.
The final rule uses specific language in the body of the rule to preempt state tort claims. NHTSA has used preemptive language in safety standards 20 times in the past three years, said Joan Claybrook, president of Public Citizen and former NHTSA administrator. However, previous preemption language has only been in the preamble and not the text of the rule, which made it an advisory opinion, Lee Weisbrod, president of the trial lawyers’ American Association of Justice, observed. He also noted that the language is contrary to congressional intent.
Because of the suggestion of the blanket immunity, Claybrook concluded that “more defective vehicles will be manufactured, fewer will be recalled, the public will have less information about injury causation and more families will needlessly lose loved ones on our roads each day.”
This measure, pushed by the Bush Administration, invades states' rights and is terrible for the American public. NHTSA, and the federal government, is currently incapable of effectively monitoring the auto manufacturers when it comes to establishing and enforcing feasible safety standards for automobiles. One of the most effective checks on the auto industry is the American trial bar, which has, over the past many decades, brought about many of the safety features seen on modern automobiles. Because of trial lawyers suing the manufacturers for building unsafe automobiles, the manufacturers have been dragged kicking and screaming to the alter of safety. What NHTSA is doing, with prodding from the current administration, is trying to grant immunity to the automobile manufacturers, one step at a time. No one should have immunity from being held responsible for his/her/its actions, including Corporate America.
Originally posted at InjuryBoard by Greg Webb
Full post as published by Charlottesville Personal Injury Lawyer on November 09, 2008 (boomark / email).
Dumb New York Laws
Stupid Laws in the Empire State
Selection of State Supreme Court Judges
How State Court Judges are Selected
Dumb Texas Laws
Stupid Laws in the Lone Star State
Dumb California Laws
Stupid Laws in the Sunshine State
Dumb Foreign Laws
Stupid Laws of Other Countries
New Jersey Employment Law
alleged violations of New Jersey state labor laws including overtime pay, discrimination and harassment.
NHTSA Investigates Rusty Fuel Tank Straps in Ford F-150 Pickups
Rusty Fuel Tank Straps in Ford F-150 Pickups NHTSA Investigates
California Labor Laws
alleged violations of California labor laws such as overtime pay, discrimination and harassment.
Grubb & Ellis
alleging violations of fiduciary duties to shareholders and securities laws.
Hewlett-Packard and Staples
allegedly violated antitrust laws in collaborating on the sale of replacement ink jet printer cartridges.
Damaged Billboards
Lamar Advertising pays $35,000 settlement after violating permit laws.

Seat Belts to Get Hit by Recession State Seat Belt Laws Eyed to Bring in Cash
Obese Are Not Wearing Seat Belts in Auto Accidents
Why it's not terribly smart to use a fake seat belt
Nevada law enforcement tightening seat beat enforcement
NJ Governor to be Featured in New Seat Belt PSA
Legislature Looking At Safer Streets
Mitsubishi product liability case receives $11 million verdict









