The Federal Crackdown on Pedestrian Hazards: FMVSS No. 228 Is Here

Pedestrian deaths in the United States have soared to historic highs, driven by a deadly combination of driver negligence, insufficient urban infrastructure, and a fleet of vehicles increasingly hostile to the human body. In response, the federal government has finalized a long-anticipated safety rule aimed squarely at mitigating one of the most catastrophic risks in a car-to-human collision: head trauma.

As of 2025, the National Highway Traffic Safety Administration (NHTSA) has officially adopted Federal Motor Vehicle Safety Standard (FMVSS) No. 228: Pedestrian Protection, mandating critical design changes to make vehicle fronts less lethal.

Why FMVSS 228 Matters Now

The rise in pedestrian fatalities—now exceeding 7,000 annually—can no longer be dismissed as the cost of urbanization or chalked up to “distracted walking.” The real culprit, in many cases, is a shift in the American vehicle fleet: today’s cars, especially full-size trucks and SUVs, are taller, blunter, and less forgiving than ever before.

This rule acknowledges a key truth: vehicle design is public health policy.

The Problem with Bigger Vehicles

Larger vehicles are not merely heavier—they’re biologically more dangerous to people on foot. Key design issues include:

Vertical Front Ends: Unlike passenger sedans with sloped hoods, many pickups and SUVs feature high, flat front-end profiles. These geometries transfer crash forces directly to the upper torso and skull, rather than the legs.

Impact Trajectories: Instead of rolling a struck pedestrian onto the hood, blunter vehicles cause victims to collapse forward and down—often beneath the tires.

Expanded Blind Zones: Oversized A-pillars, high dashboards, and elevated seats create blind spots that make it harder to detect children and short-statured adults, especially during low-speed maneuvers like left turns or parking.

What FMVSS 228 Requires

The newly finalized regulation mandates that the front-end architecture of new passenger vehicles—including the hood and underlying components—be designed to reduce the severity of head injuries during a crash with a pedestrian.

Compliance will require:

• Energy-absorbing structures beneath hoods

• Crushable materials and re-engineered under-hood components

• Performance-based testing that simulates a pedestrian’s head striking the hood at up to 25 mph

The U.S. now aligns more closely with international pedestrian safety standards, long followed in the EU and Japan. The rule’s structure includes rigorous laboratory testing that reflects real-world crash data.

When Will the Rule Take Effect?

The final version of FMVSS 228 was adopted in mid-2025. Manufacturers have until 2028 to ensure all newly produced vehicles meet the new criteria, giving them a transitional window to retool designs, update crash modeling protocols, and adjust manufacturing.

This compliance horizon is expected to reshape the U.S. car market, particularly among automakers that have historically deprioritized pedestrian safety in domestic models while offering safer designs abroad.

Legal Ramifications for Manufacturers

The introduction of FMVSS 228 changes more than just design—it shifts liability. Once the rule is enforceable, a vehicle that causes serious head trauma in a pedestrian crash may expose its manufacturer to legal action if the design failed to meet the new safety standards.

Injury litigation could extend beyond driver negligence to include product liability claims, particularly in cases involving newer models that fall short of the federally mandated safety threshold.

How Automakers Are Reacting

Manufacturers that already sell vehicles in Europe have a head start, as many have quietly incorporated head impact mitigation into global platforms. However, U.S.-only models—especially large pickups—will require substantial overhauls.

So far, industry groups have signaled willingness to comply, with several automakers partnering with NHTSA in the rulemaking process and launching R&D initiatives aimed at passive pedestrian safety.

The Bottom Line: Pedestrian Safety Is Non-Negotiable

J.J. Dominguez, founding attorney of The Dominguez Firm, sees the rule as a long-overdue correction. “FMVSS 228 closes a deadly gap in our vehicle safety regulations. It finally acknowledges what victims have known for years—poor design kills.”

Every road user is a pedestrian at some point. Whether crossing a parking lot or walking your child to school, you’re vulnerable to a system historically designed with little regard for the human body outside the vehicle.

This rule changes that calculus.

If you or someone you love has been injured in a pedestrian accident, speak to a lawyer who understands both the personal and regulatory dimensions of these cases.