AUTOMOBILE CRASHWORTHINESS; THE JUDICIARY RESPONDS WHEN MANUFACTURERS IMPROPERLY DESIGN THEIR CARS

The current state of "second collision" liability is surveyed and analyzed. Second collision injuries are those that result from passenger contact with vehicle interior structures. Cases involving automobile products liability are reviewed, and three cases are discussed in detail concerning automobile manufacturer liability in terms of product crashworthiness: Evans vs. General Motors Corporation (GM) (nonliability for defective design), Larsen vs. GM (imposition of liability for design defects causing second collision injuries), and Dreisonstok vs. Volkswagenwerk A.G. (a court's consideration of all circumstances surrounding the accident). The courts have formulated their decision based on one of these three policy stances. The Florida approach to the crashworthiness doctrine is discussed, i.e. the Larsen rule that an automaker has a duty to design and produce a crashworthy vehicle. The necessity of design safety standards for motor vehicles is addressed; it is advanced that crash standards should be left to legislative determination, although the favored approach has been for judiciary supplement when there is a cause of action for enhanced injuries. The Dreisonstok type approach is seen as one by which the courts will reach more uniform decisions on crashworthiness. Whatever approach is used, levy of the duty to design a crashworthy vehicle will exert pressure on the auto industry to produce safer vehicles.

• Corporate Authors:

  International Association of Insurance Counsel

  20 North Wacker Drive, Suite 3007
  Chicago, IL  United States  60606
• Authors:
  • Golden, R A
• Publication Date: 1979-7

Media Info

• Features: References;
• Pagination: p. 335-355
• Serial:
  • Insurance Counsel Journal
  • Volume: 46
  • Publisher: International Association of Insurance Counsel

Subject/Index Terms

• TRT Terms: Automobile industry; Automobiles; Case studies; Crashworthiness; Defects; Injuries; Legal documents; Liability; Vehicle safety
• Old TRIS Terms: Legal studies; Vehicular safety
• Subject Areas: Law; Safety and Human Factors; Vehicles and Equipment;

Filing Info

• Accession Number: 00390977
• Record Type: Publication
• Source Agency: National Highway Traffic Safety Administration
• Report/Paper Numbers: HS-028 687
• Files: HSL, USDOT
• Created Date: Dec 30 1984 12:00AM