The National Highway Traffic Safety Administration (NHTSA) has proposed new regulations aimed at curbing the alarming rise in pedestrian deaths on U.S. roads.
The proposal could lead to significant changes in how future vehicles are manufactured. But what exactly are these proposed regulations, and will they make a difference for accident victims?
What is NHTSA?
The National Highway Traffic Safety Administration (NHTSA) is a federal agency under the U.S. Department of Transportation responsible for ensuring the safety of vehicles and roads.
While NHTSA does not have the power to pass laws, it has the authority to develop and enforce vehicle safety regulations. These regulations are created through a formal rulemaking process and must be followed by automakers once finalized.
NHTSA can set safety standards, conduct crash tests, investigate vehicle defects, and order recalls, but it must operate within the framework of laws passed by Congress. For example, NHTSA can require automakers to install automatic emergency braking systems, but it cannot create a new law banning certain types of vehicles—that power rests with Congress.
Wondering if there are any recalls affecting your vehicle? You can easily check for recalls on the NHTSA website by entering your license plate number. The site also allows you to search for recalls on car seats and tires.
What are the proposed regulations?
The NHTSA’s proposed regulations aim to reduce the risk of severe injuries or fatalities in crashes involving pedestrians by mandating that certain future vehicles meet new safety standards.
More specifically, automakers would need to comply with a test that simulates a head-to-hood impact, ensuring that vehicles minimize the risk of serious-to-fatal head injuries in accidents at speeds up to 25 mph, which account for about 70 percent of pedestrian injuries.
This proposed regulation is based on the Global Technical Regulation No. 9 (GTR 9) on pedestrian protection, which has already been adopted by many countries worldwide. As a result, many passenger vehicles sold in the U.S. already incorporate the necessary head protection designs to comply with these standards. However, NHTSA’s proposal would ensure that vehicles unique to the U.S., such as large pickups and SUVs, meet the same pedestrian safety requirements.
The rise in pedestrian deaths
Pedestrian deaths in the United States have reached crisis levels.
According to the Governors Highway Safety Association (GHSA), pedestrian deaths have climbed by 77 percent since 2010, driven primarily by unsafe road infrastructure and the increasing prevalence of larger vehicles like SUVs and trucks, which pose greater risks to pedestrians compared to smaller cars.
In 2022, the number of pedestrians killed reached 7,522—the highest since 1981.
Preliminary data for 2023 shows a slight decline, with 7,318 pedestrian fatalities, a 5.4 percent decrease from the previous year. However, this figure remains 14.1 percent higher than in 2019, the last pre-pandemic year.
The increase in pedestrian fatalities is not uniformly distributed across the country. Southern states like New Mexico, Arizona, and Florida continue to rank among the most dangerous for pedestrians, possibly due to factors such as sprawling urban layouts, favorable weather encouraging outdoor activity, and less stringent traffic enforcement.
Will the proposed regulations impact car accident lawsuits?
The proposed regulations could have significant implications for car accident lawsuits. By setting new safety standards for vehicles, the NHTSA’s rules may change how liability is determined in pedestrian accidents. For instance, if a vehicle fails to meet the new pedestrian safety standards, it could be considered a defect that makes the manufacturer partially liable for resulting injuries or fatalities.
Most importantly, the hope is that these new regulations will enhance pedestrian safety by requiring vehicle designs that reduce the risk of severe injuries or deaths.
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