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Vehicle and Automobile Accidents

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Roof Crush Standard Delayed

Prior to the deadline for issuing a new roof crush standard, the National Highway Traffic Safety Administration has announced that it is going to revisit updating the roof crush standard, FMVSS 216, citing pressure from Congress and consumer advocates.

U.S. Department of Transportation Secretary Mary Peters said that the final standard would be delayed until October 1.

"Because of the number of new comments we received and the additional analyses that are required, additional time is now needed to complete the final rule," she said in a letter to the congressional committees that oversee NHTSA.

The agency was originally scheduled to send a new roof crush rule to Congress by July 1.

The delay comes after complaints from consumer advocates and members of Congress, who contend that the proposal is not strong enough. A bi-partisan group of senators sent a letter to NHTSA in June, urging the agency to take additional time to develop a more stringent standard.

A troublesome provision in the proposal stated that the standard would preempt state law claims brought by individuals injured in rollover accidents. Will this be eliminated?

A study released earlier this year by the Insurance Institute for Highway Safety found that the stronger the roof, the lower the risk of injury to occupants of a vehicle.

The IIHS study is supporting one of the key claims in roof crush cases, that weak roofs are the main cause of death and serious injuries in rollover accidents.

For a copy of this study, go to Roof Crush Study