The auto maker lobby is up in arms against a bill that was almost attached to the far-reaching auto safety legislation approved by a Senate committee this week. The provision would make it easier for American consumers to hold automakers responsible for injuries caused by defects in their vehicles in a civil court.
The provision would have removed federal preemption from product liability lawsuits. Federal preemption prevents consumers from bringing product liability lawsuits against automakers in state courts, if the vehicles pass federal safety regulations. It is a doctrine that has prevented thousands of Americans from recovering justice when they are injured in accidents caused by auto defects. It was a pet project of the Bush administration, which passed a number of rules preventing consumers from taking their lawsuit to state courts if these met federal safety regulations.
The auto safety bill included a provision that would have removed this federal preemption. The provision was in the form of a bill that was put together by a group of Democratic congressmen, and added to the massive auto safety bill at the last minute, just before the bill passed a House committee last month. However, the version that passed a Senate committee last week, does not contain this provision. Automakers insist that state courts should not be allowed to override any safety regulations by federal agencies.
As a Houston car accident lawyer, I believe that an auto safety bill that is meant to protect American consumers will be incomplete, if it does not include consumer protections, and recourse for these consumers to pursue justice. For the auto safety bill to have any meaning at all, it must include a provision that grants Americans the power to hold automakers accountable in state civil courts in case of product defects.
Vuk Vujasinovic is a Board Certified Houston personal injury attorney who practices Houston auto accident and other personal injury cases.
For more info on how Vuk can help you with your potential case please call him at (877) 724-7800 or fill out the contact form on the right.
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