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Improved vehicle design, child restraints, seat belts, air bags, and other safety measures can reduce significantly your chances of being killed or injured in a vehicle crash.

Here is some good news from statistics for 2009 reported by the National Highway Traffic Safety Administration (the latest numbers available):

• An estimated 12,713 lives were saved by the use of seat belts in passenger vehicles. More than 72,000 lives have been spared by seat belt use over the last five years.
• At least 2,381 lives were saved by frontal air bags.
• About 1,483 lives were saved by motorcycle helmets.
• Approximately 623 lives of 18-, 19- and 20-year-olds were spared by drinking laws that set the minimum legal drinking age at 21.
• Child restraints saved the lives of 309 children age four and under.

The number one rule for motor vehicle safety is, “Buckle up!” But not everyone does.

Statistics prove, and experts agree, that wearing a seat belt can make the difference between life and death. In 1968, the federal government began requiring vehicle manufacturers to install seat belts in all passenger cars. Nearly 20 years later, in 1986, a national Safety Belt Law was passed requiring states to enact seat belt laws.

States responded by passing two types of laws: primary, which means if a law enforcement officer observes a driver or passenger who is not wearing a seat belt, the officer may pull the vehicle over and issue a ticket; and secondary, meaning that an officer may stop a vehicle and issue a ticket for a seat belt violation only after the driver has been stopped and cited for another infraction. To date, 31 states plus the District of Columbia, Guam, American Samoa, the Northern Mariana Islands, and Puerto Rico have primary seat belt laws; 18 states have secondary laws; and New Hampshire’s primary seat belt law requires only children under 18 to buckle up.

The details of state laws can vary widely. Florida law, for example, requires all front seat occupants – driver and passengers – to buckle up, but not back seat adult passengers. Children between ages six and 17 must wear seat belts whether sitting in the front or back seats. The driver is responsible for compliance, and each county imposes a set fine for violations. Despite evidence that fines increase compliance, Florida’s compliance level remains below the national average.

According to the Centers for Disease Control and Prevention (CDC), seat belt compliance nationally has risen to more than 85%.  The National Highway Traffic Safety Administration estimates that if 100% of vehicle occupants had buckled up in 2009, an additional 3,688 lives could have been saved.

Since1982, when infant and child safety restraints were first required, all 50 states have developed regulations that save young lives.

• In 47 states and the District of Columbia, booster seats are required for children too large for infant seats, yet too small for adult seat belts. Only Arizona, Florida, and South Dakota have not passed these safety measures. 
• Many states require children to be seated in the back seat, not the front passenger seat.
• Six states – California, Florida, Louisiana, New Jersey, New York, and Texas – mandate seat belts on school buses.
• In Florida, children 5-years-old and under must be restrained, and those under three must be in a separate car safety seat.
• Fines for seat belt violations vary from $10 to $500, and some states assess points against the driver’s license.

NHTSA studies demonstrate that, in combination with lap-shoulder seat belts, air bags can decrease vehicle occupant deaths by as much as 50%.

Air bags were first introduced in passenger cars in the 1970s, but these early models had significant design flaws that were responsible for fatalities caused solely by the air bags, especially among shorter-than-average or underweight occupants. Improved versions were re-introduced, and by 1991, driver-side air bags were mandatory. In 1998, both driver and passenger-side air bags were required by federal law in all passenger cars; in 1999, they were required in light trucks and vans, as well.

To enhance the proven effectiveness of air bags, organizations such as the Governors Highway Safety Association are urging additional testing using crash dummies of various sizes, and encouraging auto manufacturers to offer advanced air bag technology that protects people of all sizes.

While side-impact air bags are not yet standard equipment, they are being installed in more and more passenger cars. The Insurance Institute for Highway Safety released a crash test study in January 2011 confirming that they can make the difference between life and death in a side impact crash. The study demonstrates that a driver of a vehicle with a high-rated side-impact air bag with head and torso protection is 70% less likely to die in a left-side crash than the driver of a car with a lower-rated side-impact air bag – or no air bag at all. NHTSA statistics indicate that 27% of passenger vehicle occupant deaths in 2009 were attributed to side-impact crashes. The IIHS hopes that its test data will encourage carmakers to add head-protecting side air bags to more models.

Using common sense and obeying new laws about distracted driving can save the lives of drivers, passengers, and pedestrians.

A US Department of Transportation (DOT) Distracted Driving Summit in 2009 became the catalyst for a national campaign to decrease traffic deaths and injuries associated with distracted driving, and to educate the public about the dangers of distractions such as texting and cell phone use on our roads and highways. National Highway Traffic Safety Administration (NHTSA) data indicates that about 20% of all crashes in the United States involve distracted driving, and this was the cause of 6,000 deaths in 2008. The figure may be even higher, NHTSA warns, because data collection is uncoordinated among the states and many distracted driving accidents go unreported.

By 2011, texting and cell phone use by drivers had become so prevalent – and so dangerous – that many state legislatures and some municipal governments passed restrictions or outright bans.

Texting Bans

• 30 states, the District of Columbia, and Guam prohibit drivers from texting and grant primary enforcement, which means that law enforcement officers may cite drivers without any other traffic offense. In four states, enforcement is secondary; that is, the vehicle must be stopped for another traffic offense.
• 8 more states have banned texting by “novice” drivers: 16- and 17-year-olds with learner, provisional, or intermediate licenses.
• Two states prohibit school bus drivers from texting while they drive.

Cell Phone Restrictions

• Eight states (California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington) plus the District of Columbia and the Virgin Islands have outlawed hand-held cell phone use while driving. Except for Maryland, these jurisdictions grant primary enforcement.
• Novice drivers in 28 states and the District of Columbia are prohibited from any cell phone use while driving.
• School bus drivers in 18 states and the District of Columbia are banned from using cell phones when there are passengers in the bus.

A first-of-its kind advocacy group called FocusDriven was formed in January 2010 as a result of collaboration among families of distracted driving victims, law enforcement, researchers, public officials and existing safety advocacy organizations such as the National Safety Council. In addition, the NHTSA has launched Distraction.gov, a website loaded with statistical reports, demonstration projects, and other research, plus educational materials such as videos and public service announcements.

Design improvements and advanced technology have contributed to preventing vehicle crashes such as SUV rollovers, which cause thousands of injuries and deaths.

Improved automobile design and anti-rollover technology have the potential for reducing roof-crush and rollover vehicle accidents that invariably cause death and serious injury. By 2012, all cars will be required to have what is called electronic stability control (ESC), which about 40% of 2007 and later models already have. ESC senses when a car is about to be out of control and automatically applies the brakes in order to stabilize the vehicle and prevent rollover. NHTSA predicts that ESC could save between 5,000 and 10,000 lives each year, and prevent as many as a quarter of a million accidents.

In May 2009, for the first time in more than 30 years, federal regulations were approved requiring car manufacturers to strengthen the roofs of passenger cars and light trucks. According to the NHTSA, an estimated 10,000 people die each year in rollover crashes. Previous standards required a roof to withstand pressure equal to 1-1/2 times the vehicle’s curb weight, not to exceed 5,000 pounds. The new rules require a roof to withstand three times the curb weight of the vehicle, eliminating the 5,000 pound limit.

But legislation that would enable NHTSA to set and enforce stricter standards for all vehicles was stalled in the 111^th Congress, never even reaching a floor vote.

The Motor Safety Vehicle Act of 2010 contained a number of provisions designed to improve auto safety and save lives, but it got caught in a political melee. Among the proposed provisions:

• Standards for electronic components
• Keyless ignition systems as control mechanisms
• Mandatory brake override system
• “Black boxes” to record crash data
• Increased fines when carmakers don’t report defects or lie about them
• Consumer-friendly early warning systems from NHTSA
• Whistleblower protections

West Virginia Senator John D. Rockefeller IV, who chairs the Senate Committee on Commerce, Science and Transportation and introduced the Act, has been encouraged by a February 2011 NHTSA announcement that it “would take several new actions mirrored in Chairman Rockefeller’s motor vehicle safety legislation.” NHTSA says it is considering requiring brake override systems, standardized keyless ignition, and event data recorders. Responding to Toyota’s disastrous eight-million-car recall, the agency is also taking a look at design and placement of gas pedals.

At Searcy Denney Scarola Barnhart & Shipley, we know that, despite safety laws, advanced technology, and driver caution, accidents happen. When they do, we are ready to help.

Even if you have done everything in your power to maintain your vehicle, drive safely, and keep passengers safe from harm, it is not always possible to prevent death or serious injury from an unexpected vehicle crash. Our attorneys know all too well the devastation that can be caused by a hidden design defect, a drunk or distracted driver, a poorly-maintained road, or a tractor trailer out of control. We stand ready to share with you our 32 years of experience helping victims of vehicle accidents.

If a loved one has been killed, or you or a family member has been injured, in a vehicle crash, please fill out our Contact Form, or call us to learn more and arrange for a confidential free consultation.

Related Links
Lives Saved in 2009 by Restraint Use and Minimum Drinking Age Laws
Uniform Guidelines for State Highway Safety Programs
Quick Reference Guide to Federal Motor Vehicle Safety Standards & Regulations