Kenneth J. Allen & Associates - Injury Attorneys
Illinois and Indiana Personal Injury Lawyers and Attorneys Trial and Civil Litigation Law Firm.
Passion. Commitment. Excellence.
Those three words best describe the driving forces behind Kenneth J. Allen & Associates. Our firm is devoted exclusively to the practice of Accident and Injury Law, and exclusively to the people - not corporations - seriously hurt or killed in incidents as varied as on-the-job accidents, semi-truck crashes, injuries from a defective product, or loss of life because of a doctor's medical malpractice.
As the only multi-state law firm in Valparaiso Indiana, Merrillville Indiana, Indianapolis Indiana, Northwest Indiana, Chicagoland, Joliet Illinois, Tinley Park Illinois, Chicago Illinois accepting serious injury and wrongful death cases, exclusively, Kenneth J. Allen & Associates is experienced and knowledgeable in the details and procedures that can make or break a case.
Monday-Friday: 8:00 am - 5:00 pm
MAJOR CAR RECALL: 1,900,000+ CARS RECALLED BY HYANDAI AND ITS SUBSIDIARY, KIA MOTOR COMPANY – MORE DEFECTIVE PRODUCTS ON U.S. ROADS
The number keeps getting bigger, depending upon which news report you read, but the latest reports are that Kia Motor Company, a part of the Hyundai Motor Company, is recalling around 2,000,000 vehicles sold here in the United States by the Korean car manufacturer because of concerns for dangers in a variety of areas. (The Detroit News’ tally is 2.2 million.)
According to recall information made public via the National Highway Traffic Safety Administration (NHTSA), thirteen models are covered in this huge recall, which is really covered in three separate recalls issued by the car company. The problems all stem from issues in the electrical system and/or the airbags provided in the vehicles, and all these models are involved because the same parts are used in building all these different product options.
As of today:
- Hyundai Motor Company has recalled over 1.06 million vehicles for electrical problems.
- Kia Motor Company issued a separate recall for 623,000 vehicles.
Is Your Car Being Recalled?
According to the news releases issued by Hyundai or Kia, the following cars are subject to recall:
- 2007-09 Accent
- 2007-10 Elantra
- 2011-2013 Elantra (air bag malfunctions)
- 2010-11 Genesis Coupe
- 2007-11 Santa Fe SUV
- 2011 Sonata sedan
- 2008-09 Tucson
- 2008-09 Veracruz SUV.
- 2007-10 Rondo
- 2007 Sedona
- 2011 Optima
- 2007-11 Sorento SUV
- 2010-11 Soul
- 2007-10 Sportage.
The Dangers That Caused the Recalls: Electrical System and Air Bag Malfunctions
“… condition could potentially result in intermittent operation of the push-button start feature, intermittent ability to remove the vehicle’s shifter from the park position, illumination of the “ESC” [Electronic Stability Control] indicator lamp in the instrument cluster, intermittent interference with operation of the cruise control feature, or intermittent operation of the stop lamps….”
- Of note: in September 2012, NHTSA was not only investigating Hyandai’s air bags, it was upgrading its investigation – so the issue of air bags contained in these cars may be of continuing concern. That federal investigation is ongoing.
DANGEROUS CARS AND AUTO PRODUCTS: ALMOST 18 MILLION RECALLS REPORTED TO NHTSA IN 2012, A REMINDER THAT PRODUCTS ARE NOT SAFE JUST BECAUSE THEY ARE SOLD IN THE US MARKETPLACE
Last week, the National Highway Traffic Safety Administration (NHTSA) announced its tally of recalls in 2012 and it is shocking to think that in one year alone almost 18,000,000 vehicles driving on American roads along with the equipment for those vehicles as well as things like car safety seats for children were so flawed and unsafe that they were dangerous enough to warrant a product recall.
These are recalls dealing solely with the expertise of NHTSA in vehicle safety. This huge number of product recalls does not include things like drugs, food items, toys, furniture, clothing, or other products outside of the NHTSA purview.
According to the NHTSA report, consumers taking the time to report a complaint was a big help to the agency. In 2012, NHTSA received 41,912 complaints about car safety issues. However, the number of consumer complaints to NHTSA has gone down in the past few years: compare last year with the total complaints of 2011 (49,417) and the much higher number (65,765) in 2010.
To file a concern about possible danger of a car-related product (car, tire, seats, etc.) you can:
- file a complaint online here
- call NHTSA to report your concern at 888-327-4236 (toll-free)
Note: Reporting a complaint about a dangerous product helps the federal government learn of dangers to the public and move to get unsafe products out of the stream of commerce. This is not the same as filing an individual claim for damages sustained by a product; for that, you need to pursue individual avenues like filing insurance claims, making police reports, and suing in state or federal court based upon product liability and personal injury laws.
TOYOTA WILL PAY $17.35 MILLION FINE TO NHTSA FOR RECALL VIOLATIONS REGARDING FLOOR MAT PROBLEMS IN 2010 LEXUS MODELS
Today, Toyota Motor Corporation announced that it will be paying the maximum allowable fine under federal law to the federal government in response to the investigation by the National Highway Traffic Safety Administration and NHTSA’s assertion that Toyota did not report a safety defect to the federal government in a timely manner.
How much will Toyota pay in fines?
$17.35 million. It’s the biggest one-time penalty payment for recall violations that the NHTSA has ever got.
“Safety is our highest priority,” said U.S. Transportation Secretary Ray LaHood. “With today’s announcement, I expect Toyota to rigorously reinforce its commitment to adhering to United States safety regulations.”
What happened here?
Less than a year ago, NHTSA started looking into a problem with floor mat pedal entrapment in 2010 Lexus RX 350s in Vehicle Owner Questionnaires (VOQs) and Early Warning Reporting data. By the summer, Toyota had reported to NHTSA that the car maker was aware of 63 alleged incidents of possible floor mat pedal entrapment in Model Year 2010 Lexus RX 350s.
In June, Toyota recalled 154,036 Model Year 2010 Lexus RX 350 and Model Year 2010 RX 450h vehicles for floor mat pedal entrapment.
AIR BAGS: COUNTERFEIT AIR BAGS DANGEROUS – DO YOU HAVE A FAKE AIR BAG IN YOUR CAR OR TRUCK? DEFECTIVE PRODUCT WARNING ISSUED BY NHTSA
The National Highway Traffic Safety Administration has discovered that some evildoers are out there in the American marketplace, selling phony air bags as car parts – and that these fake air bags are very dangerous defective products because in a crash, they will not deploy properly – if they even inflate at all.
NHTSA reports that the fake air bags are cleverly packaged: it’s hard to tell the real from the counterfeit product. The phony air bags have the same insignias as the real thing, for example. Sneaky stuff.
It’s still being investigated by the federal agency, and right now no one knows how many of these fake air bags are out there in cars or trucks or SUVs driven by unsuspecting people, people thinking that if they were to be in an accident, they and their passengers would be protected by the vehicle’s safety devices. No numbers yet on whether anyone has been killed by these fake air bags not doing their job, either.
It’s only cars that have had an air bag replaced within the last THREE YEARS that are at risk of having a fake air bag installed in them. If you or a loved one has had a vehicle repaired anywhere other than a dealership (where they use parts straight from the manufacturer), then you may be at risk. According to NHTSA, you should probably check your air bags if:
- have had air bags replaced within the past three years at a repair shop that is not part of a new car dealership
- have purchased a used car that may have sustained an air bag deployment before their purchase
- own a car with a title branded salvage, rebuilt, or reconstructed
- have purchased replacement air bags from eBay or other non-certified sources—especially if they were purchased at unusually low prices (i.e. less than $400)
Vehicle makes that may be at risk here include: Acura, Audi, BMW, Buick, Chevrolet, Ford, Honda, Hyandai, Infiniti, Kia, Land Rover, Lexus, Mazda, Mercedes, Mitsubishi, Nissan, Subaru, Suzuki, Toyota, Volkswagen, and Volvo.
BICYCLE ACCIDENTS: MAY IS NATIONAL BIKE SAFETY MONTH – HOW SAFE ARE YOU AND YOUR KIDS WHEN YOU ARE RIDING YOUR BICYCLE?
The National Highway Traffic Safety Administration and the American Automobile Association (AAA) are working together this year in a joint campaign called “Roll Model,” to help promote bike safety awareness in May 2012, which is National Bicycle Safety Month.
As more and more Americans are looking to bicycles not only for fun in the summer months, or ways to get to school and back, but also as an alternate to driving a car in these days of high gas prices, it has never been more important to recognize that under state law, bicycles are considered vehicles on the road with the same rights and the same legal duties as the cars, motorcycles, and other motorized vehicles with which the bikes share the roads.
This means that Bike Safety is very important, not just for smart bicycle riding but also because in many instances, it’s the law. Things like wearing the proper gear – including a bicycle helmet – are important and bike riders should be aware and follow these safety rules.
- Wear your helmet. Follow this simple rule and you reduce your risk of serious injury by as much as 85 percent.
- Keep your head up and look ahead, not at the ground. You need to see what is coming up so you have time to react and maneuver.
- One person per bike. Riding with unsecured passengers puts you at risk for injury to yourself and others.
- Ride in single file with space between bikes.
- Ride on the right side of the road, never against traffic. Otherwise, you are at risk for an accident – or a ticket.
- Plan ahead if you will ride in a group. Agree on the route ahead of time. Have a plan on what you will do if separated by traffic.
- If you will be riding in an unfamiliar area, check out local laws and rules first.
- Avoid busy roads and peak traffic times on your route.
- Before riding at night, ask someone to help you check your visibility to motorists.
- Maintain the bikes in your household. Keep chains clean and lubricated and periodically inspect brake pads.
THE DANGERS OF 15-PASSENGER VANS: CHURCHES, SCHOOLS, AND OTHER GROUPS USE PASSENGER VANS THAT HAVE REAL SAFETY ISSUES – NEW FEDERAL WARNING
This week, the National Highway Traffic Safety Administration issued a Consumer Advisory regarding traveling in 15-Passenger Vans. As you’ll remember, a lot of national attention was brought on the dangers of these big vans on American roads after the horrific crash of a big rig into a family riding in a passenger van on the way to a family wedding. Eleven of those van passengers died that day.
That tragedy involving a highway crash of a 15-Passenger Van was determined to be caused by truck driver fatigue and not the van itself rolling over, however the dangers of these bulky vehicles on the road remains a real concern. This isn’t news.
The 15-Passenger Van has been a source of concern by those in the know for a long time.
Why? Filled with people, suitcases, ice chests, sporting equipment, etc., these 15-Passenger Vans have a problem with load weight and wheel balance. They are at risk for ROLLOVERS.
One study shows that 74% of these 15-Passenger Vans are at risk for rollover because of tires not having the right amount of air inflation. Another shows that these vans carry a greater risk of death or serious injury of the passengers because seat belts are not provided. Others point to drivers being improperly trained on driving these vehicles;California has passed a law requiring a special license for those taking the wheel of a 15-Passenger Van.
For several years Public Citizen has been warning Americans about the problems of rollovers. Public Citizen warns:
The high rollover propensity of 15-passenger vans is linked to the vehicle’s high center of gravity, which tends to increase and shift rearward as the vehicle is loaded with occupants and cargo. The rearward shift in the center of gravity decreases the van’s lateral stability and makes it prone to fishtailing. If loss of control occurs, the van’s high center of gravity may cause it to tip and rollover.
From Public Citizen, the following recommendations are made for anyone traveling in a 15-Passenger Van:
Ideally, you should take your 15-passenger van out-of-service and use a small school bus for group transportation.
Here is the March 22, 2012 NHTSA Consumer Warning:
NHTSA Offers Tips for Safe Travel in 15-Passenger Vans
For Immediate Release / March 22, 2012
Contact: Derrell Lyles, 202-366-9550
WASHINGTON, DC – As the spring driving season gets under way, the National Highway Traffic Safety Administration (NHTSA) is urging colleges, church groups, and other users of 15-passenger vans to take specific steps to keep drivers and passengers safe — including buckling up every trip, every time.
Recognizing that 15-passenger vans are particularly sensitive to loading, the agency warns users never to overload these vehicles under any circumstances. NHTSA research shows overloading 15-passenger vans both increases rollover risk and makes the vehicle more unstable in any handling maneuvers.
Tire pressure can vary on front and back tires that are used for 15-passenger vans. This is why the agency urges vehicle users to make certain the vans have appropriately-sized and load rated tires that are properly inflated before every trip. Taking into account the fact that tires degrade over time, NHTSA recommends that spare tires not be used as replacements for worn tires. In fact, many tire manufacturers recommend that tires older than 10 years not be used at all.
Following are safety tips for anyone planning a trip in a 15-passenger van:
Never overload the vehicle.
If you are a passenger, make sure you buckle up for every trip.
If you are an owner, make sure the vehicle is regularly maintained.
Owners should have suspension and steering components inspected according to the manufacturer’s recommended schedule and replace or repair these parts as necessary.
Owners should ensure that vehicles are equipped with properly sized and load-rated tires.
Owners should also make sure drivers are properly licensed and experienced in operating a 15-passenger van.
Before every trip, drivers should check the tires for proper inflation, and make sure there are no signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner’s manual and on the door pillar.
Be careful out there. These 15-Passenger Vans can be seen on the roads of Indiana and Illinois, and they are sold with a flourish at local dealerships to all sorts of groups. These vans are dangerous in the way that they are made. Use with care.
CHEVY VOLT FIRE STARTS DAYS AFTER CRASH: HOW SAFE ARE ELECTRIC CARS? VOLT FIRE SPARKS NHTSA RESEARCH STUDY INTO LITHIUM-ION VEHICLES
Electric cars – they seem so smart to drive, and most of them come with a nice design and lots of cool options. Especially with all the concerns about oil and gas prices (and usage).
Well, nothing’s perfect and the big news last week was when a Chevrolet Volt bought by the federal government for crash tests actually caught fire over three weeks after the Volt was used in testing — which means that now, lots of folk are wondering about how safe these lithium-ion vehicles really are, after a crash.
Three weeks after the crash, the Chevy Volt is on fire? No wonder people are scratching their heads.
Now, the National Highway Traffic Safety Administration (NHTSA) will be checking into what happened to that electric car – and it’s already known that the crash testing did some sort of damage to the Chevy Volt’s lithium-ion battery. How that crash resulted in a fire over 21 days later, that’s still a mystery.
The manufacturer is pointing the finger at the folk who did the crash tests, opining that they failed to follow standard safety protocols – and that the only Chevy Volt known to catch fire was this Crash Test Volt.
What happens if you own an electric car and you are in a crash? Well, be careful and be aware of the unknown risks at this point – and remember, product liability laws are designed to protect you from harm in these kinds of situations.
Electric vehicles show great promise as an innovative and fuel-efficient option for American drivers. These vehicles have already demonstrated their potential to save consumers money at the pump and help protect the environment — and they could pave the way to the kind of clean energy jobs that will help our country compete on a global scale. As manufacturers continue to develop vehicles of any kind — electric, gasoline, or diesel — it is critical that they take the necessary steps to ensure the safety of drivers — and first responders — both during and after a crash.
That’s why the National Highway Traffic Safety Administration is working with all vehicle manufacturers to ensure they have the appropriate post-crash protocols. Let us be clear: NHTSA does not believe electric vehicles are at a greater risk of fire than other vehicles. It is common sense that the different designs of electric vehicles will require different safety standards and precautions. The Department of Energy and the National Fire Protection Association already collaborate to ensure first responders know the risks and the appropriate steps to take so they can perform their jobs safely given the shock hazard that a damaged electric vehicle may present, and NHTSA will work closely with these organizations to ensure that guidance for the emergency response community reflects the information NHTSA obtains.
In the near term, NHTSA is focused on identifying the best ways to ensure that consumers and emergency responders are aware of any risks they may encounter in electric vehicles in post-crash situations. The agency has asked all of the manufacturers who currently have electric vehicles on the market (or plans to introduce electric vehicles in the near future) to provide information on the protocols they have established for discharging and handling their lithium-ion batteries — including any recommendations for mitigating fire risks in these vehicles. Ultimately we hope the information we gather will lay the groundwork for detailed guidance for first responders and tow truck operators for use in their work responding to incidents involving these vehicles.
NHTSA has carefully investigated an incident involving a fire in a Chevy Volt that occurred more than three weeks after that vehicle had been crash tested as part of the agency’s New Car Assessment Program on May 12 of this year. NHTSA has concluded that the crash test damaged the Volt’s lithium ion battery and that the damage led to a vehicle fire that took several weeks to develop after the test was completed. That incident — which occurred at the test facility and caused property damage but no injuries — remains the only case of a battery-related fire in a crash or crash test of vehicles powered by lithium-ion batteries, despite a number of other rigorous crash tests of the Chevy Volt separately conducted by both NHTSA and General Motors. In the coming weeks, in collaboration with the Department of Energy, NHTSA will conduct additional testing of the Volt’s lithium-ion batteries and will continue to monitor these vehicles — as the agency does with all vehicles on our nation’s roadways — should any safety issues arise.
Based on the available data, NHTSA does not believe the Volt or other electric vehicles are at a greater risk of fire than gasoline-powered vehicles. In fact, all vehicles — both electric and gasoline-powered — have some risk of fire in the event of a serious crash. NHTSA urges the following precautions in the event of a crash involving an electric vehicle:
- Consumers are advised to take the same actions they would in a crash involving a gasoline-powered vehicle — exit the vehicle safely or await the assistance of an emergency responder if they are unable to get out on their own, move a safe distance away from the vehicle, and notify the authorities of the crash.
- Emergency responders should check a vehicle for markings or other indications that it is electric-powered. If it is, they should exercise caution, per published guidelines, to avoid any possible electrical shock and should disconnect the battery from the vehicle circuits if possible.
- Emergency responders should also use copious amounts of water if fire is present or suspected and keeping in mind that fire can occur for a considerable period after a crash should proceed accordingly.
- Operators of tow trucks and vehicle storage facilities should ensure the damaged vehicle is kept in an open area instead of a garage or other enclosed building.
- Rather than attempt to discharge a propulsion battery, an emergency responder, tow truck operator, or storage facility should contact experts at the vehicle’s manufacturer on that subject.
- Vehicle owners should not store a severely damaged vehicle in a garage or near other vehicles.
2012 VEHICLES TO BE RATED UNDER FED GOVERNMENT’S NEW NTHSA 5-STAR SAFETY PROGRAM – PRODUCTS DEEMED LESS LIKELY TO INJURE OR KILL
The federal government has revealed which 2012 model year vehicles it will test and rate for safety as part of its tougher testing standards, as part of the National Highway Traffic Safety Administration (NHTSA) 5-star safety ratings program. Not all new cars get rated: this year, 81% of the 2012 passenger vehicles to be sold in the United States will be checked by the crash test dummies and 92% of the new models will get rollover tests.
Of those tested, the federal government makes recommendations on which vehicles have the best “crash avoidance” gizmos. (This year, 38 models got top “crash avoidance” recommendations.)
Out of all the cars available to the American consumer, 42 passenger cars, 22 sport utility vehicles, 2 vans, and 8 pickups are rated, each getting an overall score.
“Our 5-star ratings program is a critical resource to help consumers make the best possible decisions about the cars they want to buy,” said U.S. Transportation Secretary Ray LaHood. “By revamping the tests and creating a more rigorous program last year, we raised the bar on safety for all vehicle manufacturers. People should remember: More stars, safer cars.”
Results for the 74 vehicles will be posted online at www.safercar.gov.
Here are the 2012 vehicles being tested for crash and rollover safety :
2012 Model Year Vehicle Test List
Acura TL 4 DR
BMW 328i 4 DR
Buick Regal eAssist 4 DR
Cadillac CTS 4 DR
Chevrolet Camaro 2 DR
Chevrolet Impala 4 DR
Chevrolet Sonic 4 DR
Chrysler 200 4 DR
Chrysler 300 4 DR
Coda Coda 4 DR
Dodge Avenger 4 DR
Dodge Charger 4 DR
Fiat 500 3 HB
Ford Focus 4 DR
Ford Focus BEV 4 DR
Ford Mustang 2 DR
Ford Transit Connect 4 DR
Honda Civic 2 DR
Honda Civic IMA 4 DR
Honda CR-Z 3 HB
Honda Fit 5 HB
Hyundai Accent 4 DR
Hyundai Elantra 4 DR
Kia Rio 4 DR
Lexus ES350 4 DR
Mazda Mazda3 4 DR
Mazda Mazda6 4 DR
Mitsubishi iMiEV 5 HB
Mitsubishi Lancer 4 DR
Nissan Maxima 4 DR
Nissan Versa 4 DR
Subaru Impreza 4 DR
Subaru Legacy 4 DR
Suzuki SX4 4 DR
Toyota Camry 4 DR
Toyota Corolla 4 DR
Toyota Prius v SW
Toyota Scion iQ 3 HB
Toyota Yaris Liftback 5 HB
Volkswagen Beetle 2 DR
Volkswagen Passat 4 DR
Volvo S60 4 DR
Make Model Body Style
Chevrolet Silverado 2500 PU/CC
Ford F-150 Supercab PU/EC
Ford F-250 Super Crew PU/CC
Ram 1500 Crew Cab PU/CC
Ram 2500 Crew Cab PU/CC
Ram 1500 Quad Cab PU/EC
Toyota Tacoma PU/CC
Toyota Tundra PU/CC
SPORT UTILITY VEHICLES
Acura MDX SUV
Cadillac SRX SUV
Chevrolet Suburban 1500 SUV
Dodge Durango SUV
Dodge Journey SUV
Ford Expedition SUV
Ford Explorer SUV
Honda CR-V SUV
Honda Pilot SUV
Hyundai Santa Fe SUV
Hyundai Tucson SUV
Jeep Grand Cherokee SUV
Jeep Liberty SUV
Kia Sorento SUV
Kia Soul SUV
Kia Sportage SUV
Mitsubishi Outlander SUV
Mitsubishi Outlander Sport SUV
Nissan Juke SUV
Subaru Outback SUV
Toyota 4Runner SUV
Toyota RAV4 SUV
Chrysler Town & Country VAN
Toyota Sienna VAN
SEAT BELTS KILL AND SERIOUSLY INJURE PEOPLE – THIS WEEK, SUPREME COURT NIXES CAR MAKERS FROM EVADING RESPONSIBILITY
Seat belts exist only to keep people safe, but the reality is that there are many occasions where safety belts seriously injure and even cause the deaths of those who obediently use them.
This is why the Williamson lawsuit was filed. It originates in a 2002 car crash where Thanh Williamson, 32, died while wearing a lap seat belt in a Mazda 1993 MPV minivan. Mazda argued that Williamson was setting in the center position of the rear passenger seat and at the time, the car maker was only required to provide a lap band for this spot per National Highway Traffic Safety Administration (NHTSA) regulation. Mazda’s defense isn’t that the seat belt wasn’t the cause of Mrs. Williamson’s death; instead, Mazda claimed it should not be liable because the nine (9) year old minivan was okay under federal regulations when it left the plant.
Last November, we considered the Mazda Seat Belt case because of its national importance. The U.S. Supreme Court had a big decision to make: whether or not to allow car manufacturers to avoid legal liability for these seat beat injuries and deaths because at the time the cars (or trucks or minivans) are made, they meet the minimum safety standards set by federal law.
Now, the United States Supreme Court has ruled. Unanimously. And, it’s a big deal for many reasons — but for those who care about people being safe in their cars, here’s why this week’s opinion is so important to us all: the High Court has told the American automobile industry that federal regulations were created only to set the minimum standard, not to provide the car makers with some kind of shield, or immunity, from legal responsiblity if their product harmed or killed their customers.
Of course, car makers are dismissing the major impact of this new Supreme Court decision to the public (like those explanations given to the Detroit News). However, read the entire Supreme Court opinion (with all the Justices in agreement, a rare showing of solidarity these days) in Cause No. 08-1314, styled Williamson v. Mazda Motor of America, Inc. and you will find language like this:
Federal Motor Vehicle Safety Standard 208 (1989 version) requires, among other things, that auto manufacturers install seat belts on the rear seats of passenger vehicles. They must install lap-and-shoulder belts on seats next to a vehicle’s doors or frames. But they have a choice about what to install on rear inner seats (say, middle seats or those next to a minivan’s aisle). There they can install either (1) simple lap belts or (2) lap-and-shoulder belts. 54 Fed. Reg. 46257–46258 (1989); 49 CFR §571.208 (1993), promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 (Act), 80 Stat. 718, 15 U. S. C. §1381.
The question presented here is whether this federal regulation pre-empts a state tort suit that, if successful,would deny manufacturers a choice of belts for rear inner seats by imposing tort liability upon those who choose to install a simple lap belt. We conclude that providing manufacturers with this seat belt choice is not a significant objective of the federal regulation. Consequently, the regulation does not pre-empt the state tort suit.
[From Justice Sontemayor's Concurrence, the following:]
In other words, the mere fact that an agency regulation allows manufacturers a choice between options is insufficient to justify implied pre-emption; courts should only find pre-emption where evidence exists that an agency has a regulatory objective— e.g., obtaining a mix of passive restraint mechanisms, as in Geier—whose achievement depends on manufacturers having a choice between options. A link between a regulatory objective and the need for manufacturer choice to achieve that objective is the lynchpin of implied pre-emption when there is a saving clause.