FATAL ACCIDENT REPORTING SYSTEM
See also: FEDERAL MOTOR VEHICLE SAFETY STANDARDS
OTHER ACTS OR OCCURRENCES–Torts: Other Accidents or Injuries Caused by Defendant or Product
The Fatal Accident Reporting System ("FARS") was created by the federal government in 1975, and requires each state to report each fatal accidenct involving a moving vehicle if the death occurs within 30 days after the person is hit or ejected. The information is sent to the National Highway Traffic and Safety Administation in Washington, D. C. and compiled there in computer form by the NHTSA’s National Center for Statistics and Analysis.{footnote}See generally Volkswagen of America, Inc. v. Marinelli, 628 So. 2d 378 (Ala. 1993).{/footnote} Accident records from the FARS system have been held admissible in a vehicle defect case,{footnote}Seese v. Volkswagenwerk A.G., 648 F.2d 833, 845-46 (3d Cir.), cert. denied, 454 U.S. 867 (1981) (accident records from other vehicle roll-overs admissible even though lacking in detail as to circumstances; certified copies admissible as public records under FRE 1005, the Business Records Act, 28 U.S.C. § 1732, and FRE 703).
{/footnote} and experts have been allowed to testify based in part on FARS data.{footnote}Volkswagen of America, Inc. v. Marinelli, 628 So. 2d 378 (Ala. 1993).{/footnote} A former federal vehicle safety regulator has been held qualified to testify as to the significance of FARS data.{footnote}Dorsett v. American Isuzu Motors, Inc., 805 F. Supp. 1212, 1224-25 (E.D. Pa. 1992).{/footnote} Judicial notice has been taken of FARS data.{footnote}Peretto v. DMV, 235 Cal. App. 3d 449, 459, n. 8, 1 Cal. Rptr. 2d 392, 398 n. 8 (1991).{/footnote}