I’m not an automotive engineer, but I do have a little more experience with auto safety issues (theoretically, at least) than the average man on the street.
Where to start? First, I wouldn’t take at face value anything that a lawyer says on a Web site intended to drum up business.
Second, I think you may have misinterpreted, or the site have have mischaracterized, the study. Specifically, I don’t think the interpretation that led you to the 22% figure is accurate. I suspect that it’s saying that in a study that covered 225 different models (not 225 cars) 50 belts failed. (I grant that I could be wrong about this.) In any case, as askance pointed out, it’s from 30 years ago, and technology has advanced.
Third, rollovers are a relatively rare form of accident, and the three-point belts that work well in the vast majority of collisions can’t be expected to offer perfect protection when the car goes upside down. All engineering represents a compromise between many factors, such as expense and durability, or convenience and effectiveness. The three-point harness was shown to be much more effective in preventing injury than a simple lap belt, while still being simple and quick to get in and out of.
A five-point harness would undoubtedly offer more protection, but as the owner and user of one in my track car, I can tell you that you wouldn’t want to have to use one on a regular basis. Instead of taking about three seconds to reach over and snap a single connection, it takes about a minute to snap in all the latches and tighten down the lap and shoulder straps of a five-point system. Also, it completely restricts your ability to move in the seat. Just what you want in a race car, but not exactly ideal when you need to reach over and get something out of the glove box. So five-point harnesses are just not a reasonable compromise for ordinary street driving.
Furthermore, even if you wanted to mandate five-point harnesses just to prevent injuries or deaths in rollovers, you’d have to go further and significantly strengthen the roof. This is a point of contention among amateur autosports enthusiasts like myself, because some people install harnesses in their cars for the added control they get from being tightly strapped to the seat, without going the next step and installing a roll bar.
Once you’re strapped into your seat with a five-point harness, if you do roll onto the roof, your head and neck will be held firmly in place as the roof collapses on you. If you’re wearing a three-point belt, you can bend over sideways and, with a little luck, not break your neck or crack open your skull. So a five-point harness without a substantially stronger (i.e. more expensive) roof structure would be worse than a three-point and weak roof.
I don’t have much info on child safety seats, so the parents’ choice of seat, or the way they used it, might have contributed to the tragedy. But if not, they were just very unlucky.