When does a motor vehicle on the roads of Indiana and Illinois become inherently more dangerous just because of its age?
According to Illinois’ internationally respected safety advocates at the National Safety Council (NSC), last year the United States had its third straight year with over 40,000 deaths in fatal motor vehicle accidents.
The risk of dying in a car crash or auto accident remains unacceptably high today.
Correlating the Age of the Motor Vehicle and the Risk of a Fatal Crash
For those driving the roadways of Illinois and Indiana, it is essential to know that the risk of dying in a fatal motor vehicle accident has been shown to rise as the vehicle ages. Older models have been revealed to be in more deadly crashes than newer vehicles, fresh from the dealer’s lot.
Many may assume this means old clunkers still on the road, and they would be correct – in part. Cars manufactured in the 1990s and earlier do bring a greater risk of fatality. However, some car makes and models with as little as three (3) years on the road can pose a significantly higher risk of death according to researchers at the National Highway Traffic Safety Administration.
A motor vehicle does not have to be very old before it presents an increased danger of a fatal crash.
The Risk of Fatal Crash Begins to Rise While Car Payments Are Still Being Made
NHTSA warns that the risk of dying in a motor vehicle accident increases with the age of the car, truck, SUV, or minivan. Specifically, the older the motor vehicle, the higher the likelihood a driver will be fatally injured.
Motor vehicles on the roads are included here that may well still be driven with car notes yet to be paid off. NHTSA found that anyone driving a motor vehicle that is 4 to 7 years old has a 10% greater risk of dying in a fatal crash than someone driving a car that is fresh off the lot through three years old (baseline for the analysis is 0 – 3 years).
As the motor vehicle ages, the risk rises:
- Motor vehicles aged 8 -11 years, 19% risk of a fatal accident;
- Motor vehicles aged 12 – 14 years, 32% risk of a deadly crash;
- Motor vehicles 15 -17 years, 50% risk of death in an accident; and
- Motor vehicles over 18 years, 71% greater risk of fatality.
The Need for Investigation When Older Motor Vehicles Are in Fatal Accidents
The used car market in this country is huge and very popular with a wide variety of buyers. Budget-savvy adults of all ages may argue it is wise to avoid the depreciation in value when buying a brand new model from the dealer, opting for a “gently used” car from places like CarMax and Carvana. See, e.g., an article written by Ronald Montoya entitled “A Hack for Beating Car Depreciation: Saving Money by Buying in the Used-Car ‘Sweet Spot’,” and published by Edmunds on November 30, 2018.
Parents often purchase used cars for their children as their first car. In fact, the Insurance Institute of Highway Safety (IIHS) offers a list of suggested used car models for parents to buy for their teenagers, suggesting some car models up to five years old in their recommendations list.
No one involved in a fatal car crash in either Indiana or Illinois can argue that the decision to purchase and drive a used motor vehicle is negligence. Under the law, the driver is not negligent simply because he or she is driving a car, pickup, sedan, van, or SUV that is 4 years old or more.
However, the older the motor vehicle, the danger of a fatal crash rises. When these deadly accidents do occur, then it is imperative for the victims to investigate the older vehicle to determine if it contributed to the event in any of a number of different ways.
Personal Injury Claims and the Older Vehicle Fatality Victim
Both Indiana and Illinois have personal injury laws that protect against negligence and provide for defective product liability which may apply in fatal crashes involving older model motor vehicles. For instance:
- The older vehicle may have a product defect that makes the manufacturer legally liable for the consequences of putting that defective product on the road.
- There may have been a faulty repair of the vehicle, making the repair shop and/or mechanic legally responsible for neglectful work.
- A car part itself may be the cause of the crash, making the manufacturer of that car part and perhaps the distributor and seller of the part having a legal duty to the victim and his or her loved ones. See, “Millions of Recalled and Unrepaired Vehicles Drive Indiana and Illinois Roadways Today.”
Of course, there are all sorts of explanations for why there has been a fatal accident, and many times the claims will involve allegations of driver negligence. Investigations of the crash by the police as well as insurance adjusters and victim’s advocates will consider things like distracted driving; driving under the influence of alcohol; or speeding.
No investigation into a deadly crash will be complete, however, without a consideration of the motor vehicles involved in the accident as well as their parts and components. Sadly, it may well be that the older vehicle itself was a cause in an accident that resulted in someone’s death on the roads of Indiana or Illinois.
Anyone involved in an auto accident needs to know there are increasing risks of harm that accompany anyone driving an older motor vehicle. In the event of a crash, those liable for the resulting harm may include not only the driver, but the dealership, parts manufacturers, repair shops, mechanics, and more. Please be careful out there!
