SUV "Mismatch" Collisions

Most people know by now that Sport Utility Vehicles have a tendency to roll over more frequently than normal passenger cars. But there is another, less well-known, danger associated with these vehicles.

Often referred to as a "mismatch" collision, this hazard arises when a tall SUV, with its high bumper and high center of gravity, collides with a passenger car. The mismatch results in the taller vehicle intruding into the "survival space" of the smaller vehicle.

It's not just a matter of the SUV having a higher bumper. It also has more heavy metal (engine and stiff steel frame) relatively high on the vehicle. This creates a potentially lethal weapon as the SUV strikes a passenger car above the car's bumper or side-impact rail.

Sport Utility Vehicles can weigh as much as 3000 pounds more than a normal passenger car, and can be as much as two feet taller.

Because of this mismatch between the SUV and the passenger car, such collisions are twice as likely to result in a fatality as non-mismatch collisions.

There are three basic types of mismatch collisions:

● Front-to-front, in which the bumpers of the two vehicles are at different heights, causing the taller vehicle to override the lower vehicle's bumper, and strike a portion of the vehicle not designed to absorb such an impact. Studies have shown that in such collisions, the passengers in the lower vehicle are four times more likely to be killed than passengers in the taller vehicle.

● Rear-end, in which the same situation occurs as the front of the taller vehicle strikes the rear of the lower vehicle.

● Side impact, in which the taller vehicle strikes the side of the lower vehicle. This is the most serious of the mismatch collisions, and results in more fatalities for occupants of the lower vehicle. The taller vehicle can literally travel completely through the passenger compartment of the lower vehicle, destroying everything in its path. Studies have shown that in such collisions, the passengers in the lower vehicle are more than 25 times more likely to be killed than passengers in the taller vehicle.

Mismatch collision cases are relatively new in the legal field, and are complicated, expensive, and difficult to pursue.

The basic legal theory involved is that the manufacturer of the Sport Utility Vehicle designed it in a manner appropriate for off-road driving. However, because the manufacturer knows that almost 100% of such vehicles are actually used on-road, rather than off-road, the manufacturer should design the SUV to be more compatible with other vehicles. In other words, the manufacturer knows the SUV will be used in daily traffic, and is likely at some time to be involved in a collision with a normal passenger car.

Some attorneys, including those in our law firm, believe automobile manufacturers owe a legal duty to the general public to alter the design of Sport Utility Vehicles, of passenger automobiles, or both, in order to decrease the mismatch component of collisions between different types of vehicles. This is especially true of manufacturers that produce both types of vehicles. There is no question at all that such manufacturers are well aware of the increased damage and injury caused by collisions between their taller vehicles and their lower vehicles. As one example, Ford makes both the 2,600 pound Ford Focus and the 7,270 pound Ford Excursion.

Whether this unfortunate situation is referred to as "design defect" or "crashworthiness," automobile makers must take steps to prevent or minimize the enormous disparity in injuries and deaths caused by mismatch collisions.

It may be expensive for manufacturers to take such steps, but it is not impossible. They can design their large SUVs and pickups to incorporate more crushable frontal structures to reduce the damage done when these large vehicles collide with smaller ones. The manufactures can also strengthen the smaller vehicles so they can absorb a greater impact without crushing. Most importantly, manufacturers can install side impact airbags in all vehicles. Side impact airbags have been proven to greatly reduce the extent of head injuries in severe collisions, and thereby reduce the risk of fatalities.

If you have questions or comments about mismatch collisions, or if you or a loved one has been involved in such a collision, please contact our law firm for more information.