New NHTSA Proposal Focuses on Car Bloat to Address Rising Pedestrian Deaths

Oversized vehicles may soon have to conform to new safety standards aimed at saving more pedestrian lives. That’s because federal regulators recently proposed a new rule aimed at minimizing deadly head injuries when vehicles hit pedestrians and other vulnerable roadway travelers.

Taking action to address an astounding rise in pedestrian fatalities over the past decade, regulators hope that this new safety regulation will support existing technologies, like automatic emergency braking (AEB) features, to save at least 67 lives each year.

Here’s why, with a closer look at:

• Background: A Recent Surge in Pedestrian Deaths
• Details of the New Rule
• What’s Next?

Several safety authorities are backing the proposed new rule, viewing it as a landmark moment in shifting regulatory focus to vehicle design, rather than new technology. Automakers and others, however, are already starting to push back.

Background: A Recent Surge in Pedestrian Deaths

Pedestrian fatalities in the U.S. have risen sharply in recent years, contributing to a “crisis of roadway deaths,” according to federal regulators. In fact, according to the latest data and statistics:

• Nearly 9 in 10 fatal pedestrian accidents involve a single vehicle hitting a pedestrian, rather than a multi-vehicle wreck.
• Since 2010, pedestrian deaths have risen four times faster than other traffic fatalities.
• Since 2016, pedestrian deaths in the U.S. have surged by more than 20%.
• From 2020 to 2021, pedestrian fatalities skyrocketed by nearly 12%, putting these deaths at a four-decade historic high.
• Since 2018, pedestrian deaths involving victims who are 15 and under have doubled.
• Since 2018, fatal pedestrian accidents that involve speeding have been on the rise, steadily increasing year over year, even though speeding is a preventable cause of crashes.
• Roughly 79% of pedestrian injuries and 83% of pedestrian deaths caused by traffic collisions involve impacts with the hoods of the vehicles (i.e., front-end collisions).

These horrifying increases in pedestrian deaths have persisted despite the emergence of pedestrian automatic emergency braking systems (PAEBs), various warning systems, and other safety technologies.

Crucially, these vehicle safety technologies:

• Have limitations: If a driver is traveling at 40 miles per hour or faster, their vehicle’s pedestrian-focused safety technology may not prove helpful in preventing a wreck or the fatal injuries it can cause. On top of that, safety tech does not necessarily perform consistently, both in a single vehicle and across different types of cars. Consequently, many safety experts view this technology as helpful but unreliable.
• Do NOT address ballooning vehicle size and weight: Dubbed “car bloat” by some industry experts, this phenomenon describes the trend of vehicles getting heavier and bigger over time. Specifically, the hoods on sports utility vehicles (SUVs) and trucks have been elevated over the years while these vehicles are also being designed to be larger and heavier. That’s increasing the risk of deadly injuries in pedestrian accidents both due to the hood height leading to more head trauma and the much greater force now involved because these vehicles weigh hundreds of additional pounds.

Details of the New Rule

On September 9, 2024, the National Highway Traffic Safety Administration (NHTSA) announced its new proposal for enhancing safety standards for pedestrians. Entitled “Pedestrian Head Protection, Global Technical Regulation No. 9” (49 CFR Part 571), this new Rule pertains to vehicles weighing less than 10,000 and would require:

• New testing to simulate a head-to-hood impact and using crash test dummies for an adult and child frame
• Hood design changes that would minimize the risk of fatal head injuries to pedestrians in the event of front-end collisions
• U.S. vehicle design standards that align with Global Technical Regulation No. 9

The forecasted cost of complying with this new Rule is merely $3 per vehicle, regulators say.

Remarkably, federal authorities have never enacted regulations pertaining to vehicle design and its role in pedestrian fatalities. If codified, this new Rule could do far more than save pedestrian lives on the roads. It could also usher in a new era for design-focused vehicle safety regulations.

Commenting on this new Rule, NHTSA Deputy Administrator Sophie Shulman stated:

We have a crisis of roadway deaths, and it’s even worse among vulnerable road users like pedestrians. Between 2013 and 2022, pedestrian fatalities increased 57% from 4,779 to 7,522. This proposed rule will ensure that vehicles will be designed to protect those inside and outside from serious injury or death. We will continue to work to make our roads safer for everyone and help protect vulnerable road users.

What’s Next?

Authorities are accepting public feedback until early November 2024, which may be followed by rule revisions, public notices, and the final rulemaking process to officially codify this new proposed regulation.

While it will likely take a couple of years for that to happen, safety experts have called this “a step in the right direction,” explaining how it’s “essential that NHTSA moves with expediency to bring the final rule over the finish line” and that “going for a walk should not be a death-defying act.”

Though many anticipate pushback from the auto industry, safety advocates are optimistic that this new Rule could serve as a watershed moment for both pedestrian safety and vehicle design regulations in the U.S.