In an unexpected move on November 20, 2023, the National Highway Traffic Safety Administration (NHTSA) rescinded its earlier proposition to establish a new Federal Motor Vehicle Safety Standard (FMVSS). This standard, earmarked as FMVSS No. 150, aimed to mandate vehicle-to-vehicle (V2V) communications in new light vehicles. The original proposal, dating back to January 12, 2017, focused on integrating Dedicated Short-Range Communications (DSRC) technology, a type of short-range wireless communication, into these vehicles. The NHTSA’s vision was to create a network where vehicles could seamlessly communicate with each other, enhancing road safety. The proposal also provided a leeway for the adoption of non-DSRC technologies, provided they were compatible with DSRC standards.
However, this ambitious plan encountered a major shift. The emergence of a new vehicle-to-everything (V2X) technology, LTE Cellular-V2X (LTE C–V2X), received considerable support from various industry stakeholders, overshadowing the DSRC. Unlike DSRC, LTE C–V2X doesn’t rely on cell towers for device-to-device communication. Furthermore, the development of a 5G-based version of C-V2X, which promises even greater efficiency, significantly influenced NHTSA’s decision. Another pivotal factor was the Federal Communications Commission’s (FCC) 2020 ruling, which reallocated the 5.9 GHz radiofrequency spectrum previously used by DSRC. This reallocation necessitated a transition from DSRC to C–V2X technology.
In its withdrawal notice, NHTSA underscored its continued belief in the potential of V2V and V2X technologies as crucial enhancers of motor vehicle safety. This belief was previously echoed by the automotive industry, wireless companies, and other stakeholders who supported the initial proposal. However, given the nascent state of these technologies and the need for further analysis, NHTSA has decided to step back, reevaluate, and consider if and how a governing FMVSS should be structured to accommodate these evolving communication technologies.
In light of these developments, victims of vehicle-related incidents possibly linked to the absence of advanced V2V or V2X technologies might wonder about their legal recourses. Filing a lawsuit for damages in such a scenario involves a complex legal process, where the expertise of an attorney becomes indispensable. The initial step in this process is the identification of the liable parties, which, in product liability lawsuits, can include manufacturers, suppliers, or retailers. An attorney’s role is crucial in establishing the connection between the injury and the product’s failure to meet safety standards.
Victims pursuing a lawsuit can seek various forms of damages, including medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. The complexity of proving these damages and navigating the legal intricacies of product liability law underscores the necessity of legal representation. Each step, from filing the lawsuit to negotiating settlements or representing the case in court, requires specialized legal knowledge and experience.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
For individuals affected by such vehicle-related injuries, the national product injury law firm Parker Waichman LLP extends a helping hand. Recognizing the challenges victims face, Parker Waichman LLP offers a free consultation service. By calling 1-800-YOUR-LAWYER (1-800-968-7529), victims can receive expert guidance on how to proceed with their claims. This call to action is not just about seeking compensation; it’s about ensuring justice and safety for all road users in the face of evolving vehicle technologies. Parker Waichman LLP stands ready to advocate for those impacted, helping them navigate the complex legal landscape and fight for the compensation they rightfully deserve.
Regardless of your location or where your injury occurred, our nationwide personal injury law firm is ready to assist you.