A new rule propounded by a federal agency will limit your ability to be compensated if you are injured. The National Highway Traffic Safety Administration (NHTSA) has issued a final rule governing the number of seat belts required in any particular vehicle. Known as the "designated seating position" rule, it contains what is known as a preemption provision.
Preemption is a legal doctrine by which state law claims are superceded by federal law. In other words, if a particular issue is "preempted," state law no longer governs the outcome of your claim. Instead, the issue will be decided under federal law.
The "designated seating position" rule specifically preempts state tort claims resulting from seat belt-related injuries. If you or a loved one suffers such an injury, you will no longer be able to assert your right to compensation under state law. Instead, a federal agency staffed by unelected bureaucrats has decided that you should have no recourse.
Preemption is a particularly troubling issue, especially when our elected State legislators are rendered powerless by unaccountable career agency workers. Contact your US Senators and Representative and make sure they know how you feel about this issue. Your rights are under attack – let us help protect them.
recently named in the 2009 edition of Best Lawyer's In America, David Mittleman has been representing seriously injured people since 1985. A partner with Church Wyble PC—a division of Grewal Law PLLC—Mr. Mittleman and his partners focus on medical malpractice, wrongful death, car accidents, slip and falls, nursing home injury, pharmacy/pharmacist negligence and disability claims.