The slow death of lap-only seat belts: new regulations that take effect next year finally will eliminate dangerous lap-only seat belts from all new vehicles, but older models equipped with these belts will remain on the road. Attorneys representing injured plaintiffs must understand recent developments in this litigation.

The lap belt, the oldest seat belt design, is finally dying. Until recently, the Department of Transportation permitted manufacturers to install this archaic technology in the rear center seating position of vehicles sold in the United States. (1) This defective design has caused countless severe injuries--including paralysis and abdominal evisceration--and many deaths.

The federal government finally addressed the hazard in 2004, when it adopted a three-year phase-in of lap-shoulder belts in the rear center position--due in large part to the political pressure that consumers, victims, and consumer advocacy groups exerted. Under an amendment to Federal Motor Vehicle Safety Standard (FMVSS) 208, all new vehicles will be required to have lap-shoulder belts in this position by September 1, 2007. (2) The government's move will significantly reduce the number of serious injuries and deaths that occur in this seat, especially among its most vulnerable occupants--children. (3)

Unfortunately, even after the new rule becomes fully effective, hundreds of thousands of vehicles with lap-only belts in the rear center seat will remain on the road, and injuries and deaths will continue to occur. Injured people will continue to seek attorneys' help in obtaining compensation.

A lap belt--also known as a Type 1 or two-point restraint--is intended to secure the lower torso during a collision and prevent ejection. It consists of a single belt that extends from one hip, across the front of the pelvis, to the other hip--it does not cross the chest or shoulder. During a collision, the belt holds the hips and lower torso in place but allows the upper torso, neck, and head to swing freely.

As a vehicle rapidly decelerates in a frontal collision, the upper torso jerks forward violently. The body folds over the belt in the direction of the impact, simultaneously straining muscles, ligaments, tendons, bones, and the spinal cord--this is referred to as "jackknifing." If the force of the collision is too great for the body to sustain, the spine will be pulled apart or crushed against the lap belt. A passenger may suffer serious brain damage or neck injury if his or her head or neck strikes the front seats, console, or other passengers.

Often debilitating or fatal injuries, known as "seat belt syndrome," occur when the lap belt slides off the pelvis during a collision, allowing the hips to rotate forward under it--a motion called "submarining." Submarining injuries occur as the belt leaves the bony hips and loads the abdomen directly. The body's weight against the belt can rupture the occupant's intestines or crush the bony parts of his or her spine. The inherent …