Blankenship Verdict – Mixed Message For Corporate Crimes


Blankenship Verdict – Mixed Message For Corporate Crimes

December, 2015

Dear Care for Crash Victims Community Members:

Insightful article:

“Just as a federal jury split on what crimes former Massey Energy CEO Don Blankenship was guilty of, opinion is split on the message sent by his conviction Thursday on one charge that will, at most, result in a one-year prison sentence.

To some, the fact that a Charleston, W.Va., jury ruled Mr. Blankenship was guilty of conspiring to violate federal mine safety laws, a misdemeanor, sets an important precedent for holding corporate executives responsible for their behavior.

For those who believe Mr. Blankenship’s pursuit of profits at the expense of safety contributed to the 2010 explosion that killed 29 miners at Massey’s Upper Big Branch mine in West Virginia, it’s another indication that corporate executives are largely prosecution-proof….”

“More recently, safety activists were outraged by a U.S. Department of Justice deferred prosecution agreement with General Motors over the automaker’s faulty ignition switch that caused more than 170 deaths.

The company admitted to concealing a potentially deadly safety defect from regulators and misleading consumers about the safety of their vehicles. GM, the beneficiary of a government bailout during the recession, agreed to pay $900 million.

If the automaker abides by the terms of the agreement for three years, prosecutors will seek to dismiss two criminal charges against the company.

Here’s what the Center for Auto Safety said about the agreement: “GM killed over 100 people by knowingly putting a defective ignition switch into over 1 million vehicles. Yet no one from GM went to jail or was even charged with criminal homicide.”  See

 

URGENT: Truck Safety Assaults Continue — Yogi Berra was Right, “It Ain’t Over ‘Til It’s Over”

This quote from the late great Yogi Berra sums up the safety fight that is still going on right now in Congress as the House and Senate wrap up negotiations on the FY2016 annual spending bill, also known as the “omnibus spending bill”. Special trucking interests have pursued a dual strategy of pushing anti-truck safety provisions in the recent surface transportation funding bill, the FAST Act, H.R. 22, signed into law on Friday and the annual DOT spending bill.  There are still major assaults on truck safety at stake that will be decided this week as House and Senate leaders wrap up negotiations.  None of these anti-safety measures was subject to any congressional hearing, any review by the U.S. Department of Transportation or any public input, yet, if enacted will have a major and deadly impact on safety.  The FY2016 transportation appropriations bill passed by the House on June 9, 2015 and the version passed out of the Senate Appropriations Committee on June 25, 2015 include provisions mandating every state allow monster-sized trucks pulling Double 33’ trailers, a dramatic increase in truck driver work and driving hours, and a roadblock to an overdue rulemaking on minimum insurance requirements for motor carriers.

Trucking interests are counting on back room negotiations and behind the scenes deal-making to get their safety rollbacks.  Safety groups, truck crash victims, law enforcement, state officials, truck drivers, rail labor, regional railroads and others are still working to stop the assault.

On Friday, organizations sent the letter below urging:

– NO Double 33’ Trailer Trucks: Last month the Senate voted twice to stop this deadly proposal which would force states to allow these trucks which are the size of 8-story office buildings on their roads.  There has been no evaluation of their safety and infrastructure damage implications, no Congressional hearings, and no input from the states which will be forced to pick up the bill for resultant damages.  The public strongly opposes being forced to drive next to Double 33s (see public opinion poll in letter).

NO Extension of the Tired Trucker Provision: The truck crash caused by an overly fatigued truck driver that seriously injured Tracy Morgan and killed James McNair happened a year and a half ago today.  That crash is just one of the numerous crashes that occur because truck drivers are being pushed beyond their limits to drive up to 82 hours in a week.  Truck driver fatigue is a deadly, yet preventable, public health problem.  The Obama Administration rule which gives truck drivers a “weekend off” should be reinstated.

NO Special Interest Exemptions from Truck Size and Weight Limits.

YES to Accepting the Increased Funding Levels for the Vehicle Safety Programs of the National Highway Traffic Safety Administration (NHTSA):  Countless Congressional hearings on record number of vehicle recalls these past two years as well as the unacceptable deaths and injuries caused by cover-ups of deadly GM ignition switches and exploding Takata airbags pointed to the lack of adequate financial and staff resources at the agency responsible for overseeing and regulating the auto industry.

We hope you will continue to cover these critically important issues.  Please call if you would like additional information or to schedule an interview.

Thank you, Cathy

Catherine Chase

Vice President, Governmental Affairs

Advocates for Highway and Auto Safety

750 First Street, NE

Suite 1130

Washington, DC 20002

202-408-1711

(C) 571-243-7282

www.saferoads.org

December 4, 2015

Dear Republican and Democratic Leaders of the House and Senate Committees on Appropriations:

We are writing to urge you to oppose provisions in the FY2016 Transportation, Housing and Urban Development (THUD) Appropriations bills (H.R. 2577) that rollback truck safety regulations and jeopardize the safety of truck drivers and the public.  None of these provisions has been subject to congressional hearings by the authorizing committees of jurisdiction and should be stripped from the FY2016 omnibus spending bill especially at a time when truck crash deaths and injuries are climbing.  These dangerous policy changes benefit special interests and include a controversial mandate that all states be forced to accept longer and more dangerous double 33’ trailer trucks when the Senate has rejected this proposal in two bi-partisan votes; longer working and driving hours for truck drivers when fatigue is already a major problem in the industry; and, special interest exemptions to truck size and weight laws.

Furthermore, yesterday the House and Senate overwhelmingly passed the FAST Act, H.R. 22, which increases the National Highway Traffic Safety Administration (NHTSA) authorization levels for vehicle safety programs to $179 million.  Twelve congressional hearings in the past two years have revealed serious vehicle safety defects and auto industry misbehavior.  A major factor in NHTSA’s shortcomings in identifying, investigating and acting on deadly defects that have killed and maimed hundreds is the insufficient agency resources needed to effectively oversee the auto industry.  Providing adequate funding and staff resources is critical to solving many of the identified problems.  We urge you to fully fund NHTSA’s vehicle safety programs at this level in the appropriations bill.

Stop Efforts by FedEx and Other Corporate Trucking Giants to Force Longer Trucks on Roads in Every State

A major national policy change to allow Double 33’ trailer trucks on our nation’s highways being pushed by a few select trucking companies would override states’ rights, jeopardize safety and damage our nation’s already-crumbling infrastructure.  An amendment offered by Senators Roger Wicker (R-MS) and Dianne Feinstein (D-CA) that would require the U.S. Department of Transportation (DOT) to study the safety of Double 33s is a commonsense alternative and we strongly support its inclusion in an overall funding bill.

The public strongly opposes allowing oversized trucks on our roads and highways.  An independent public opinion poll by ORC International conducted last month found that more than 3 out of 4 Americans (77%) opposed Double 33s.

Reject Yet Another Effort for Trucking Interests to Rollback the HOS Rule

Truck driver fatigue is a major safety problem that has severe consequences as demonstrated by crashes such as the one that killed comedian James McNair and seriously injured Tracy Morgan. A provision originally slipped into last year’s “Cromnibus” rolls back important and commonsense safety reforms to hours of service rules and significantly increases the working and driving hours for truck drivers from 70 to 82.  Once again, the public is adamantly against increasing truck driver working and driving hours as shown in a 2014 survey by Lake Research Partners wherein 80% of respondents opposed Congress raising the number of hours a semi-truck driver is allowed to work in a week. The so-called “Collins Amendment” language should not be extended by burdening the on-going DOT study with new and needless requirements.

Oppose Special Interest Exemptions to Federal Truck Size and Weight Limits

Special interest truck size and weight exemptions for certain states and industries represent “earmarks” and impose a cost that is ultimately passed on to all American taxpayers who foot the bill for infrastructure damage and repairs. Bigger trucks are bigger safety problems and impose bigger damage on roads and bridges.  Currently 32% of America’s major roads are in poor or mediocre condition and 25% of our bridges are structurally deficient or functionally obsolete. A January 2015 poll by Harper Polling found that 76% of the public opposes longer and heavier trucks on the highways.

Fund NHTSA’s Motor Vehicle Safety Programs at the Authorized Level in the FAST Act

NHTSA’s funding and staffing levels have suffered over the years.  Today, 95 percent of transportation-related fatalities and 99 percent of transportation injuries occur on our streets and highways and yet, NHTSA receives only one percent of the overall U.S. DOT budget. NHTSA is responsible for the safety of over 316 million Americans who drive or ride in or are around more than 269 million registered motor vehicles. Motor vehicle crashes are the leading cause of death for all Americans ages five to 24, and the second leading cause of death among adults 25 to 34 years of age. By any measure motor vehicle deaths and injuries are a major and costly public health epidemic.  In order to advance safety gains and improve the agency’s effectiveness in detecting, investigating and solving safety threats as well as meeting new expected challenges, an increase in funding is essential and justified for NHTSA.  We urge you to fully fund NHTSA’s vehicle safety programs at the $179 million level agreed to in the FAST Act.

As you move forward with negotiations on an omnibus bill, we urge you to only include measures that will advance safety and not the agenda of special interests.

Sincerely,

Jacqueline Gillan, President                                                    James P. Hoffa, General President

Advocates for Highway and Auto Safety                              International Brotherhood of Teamsters

Joan Claybrook, Chair                                                            John Risch, National Legislative Director

Citizens for Reliable and Safe Highways and                        SMART-TD (UTU)

Former Administrator, National Highway

Traffic Safety Administration                                                Andrew McGuire, Executive Director

Trauma Foundation

Jack Gillis, Director of Public Affairs

Consumer Federation of America                                           Clarence Ditlow, Executive Director

Center for Auto Safety

John Lannen, Executive Director

Truck Safety Coalition (TSC)                                                 Steve Owings, Co-Founder

Road Safe America

Janette E. Fennell, Founder & President

KidsAndCars.org

Daphne Izer, Founder

Lisbon, ME

Parents Against Tired Truckers (PATT)

Mother of Jeff Izer, Killed in a truck crash 10/10/93

Jane Mathis

St. Augustine, FL

Vice President, TSC; Board Member, PATT

Member, Motor Carrier Safety Advisory Committee

Mother of David Mathis

Mother-in-Law of Mary Kathryn Mathis

Killed in a truck crash 3/25/04

Dawn King

Davisburg, MI

President, Truck Safety Coalition

Board Member, Citizens for Reliable and Safe

Highways (CRASH)

Daughter of Bill Badger

Killed in truck crash 12/23/04

Russ Swift

Port St. Lucie, FL

Co-chair, Parents Against Tired Truckers

Father of Jasen Swift

Killed in a truck crash 10/14/93

Linda Wilburn

Weatherford, OK

Board Member, PATT

Mother of Orbie Wilburn

Killed in a truck crash 9/2/02

Tami Friedrich Trakh

Corona, CA

Board Member, CRASH

Member, MCSAC

Sister of Kris Mercurio, Sister-in-Law of Alan Mercurio, Aunt of Brandie Rooker & Anthony Mercurio

Killed in a truck crash 12/27/89

Larry Liberatore

Severn, MD

Board Member, PATT

Father of Nick Liberatore

Killed in a truck crash 6/9/97

Marc Johnson

Hartwell, GA

Volunteer, Truck Safety Coalition

Brother of Curt Johnson

Killed in truck crash 10/1/2009

Vickie Johnson

Hartwell, GA

Volunteer, Truck Safety Coalition

Wife of Curt Johnson, Step-mother of Crystal Johnson

Killed in a truck crash 10/1/2009

Beth Badger

Columbus, GA

Volunteer, Truck Safety Coalition

Daughter of Bill Badger

Killed in truck crash 12/23/04

Kathleen Laubach

Reno, NV

Volunteer, Truck Safety Coalition

Truck Crash Survivor

Vincent Laubach

Reno, NV

Volunteer, Truck Safety Coalition

Truck Crash Survivor

Lisa Shrum

Fayette, MO

Volunteer, Truck Safety Coalition

Daughter of Virginia Baker, Step-daughter of Randy Baker

Killed in a truck crash 10/10/06

 

Tina Silva

Ontario, CA

Volunteer, Truck Safety Coalition

Sister of Kris Mercurio, Sister-in-Law of Alan Mercurio, Aunt of Brandie Rooker & Anthony Mercurio

Killed in a truck crash 12/27/89

Bruce King

Davisburg, MI

Volunteer, Truck Safety Coalition

Son-in-law of Bill Badger

Killed in truck crash 12/23/04

Laurie Higginbotham

Memphis, TN

Volunteers, Truck Safety Coalition

Mother of Michael Higginbotham

Killed in a truck crash, 11/18/14

Randall Higginbotham

Memphis, TN

Volunteers, Truck Safety Coalition

Father of Michael Higginbotham

Killed in a truck crash, 11/18/14

Ed Slattery

Lutherville, MD

Board Member, PATT

Volunteer, Truck Safety Coalition

Husband of Susan Slattery

Killed in a truck crash 8/16/10

Sons Matthew & Peter Slattery critically injured

Kate Brown

Gurnee, IL

Volunteer, Truck Safety Coalition

Mother of Graham Brown

Injured in a truck crash 5/2/05

Ron Wood

Washington, D.C.

Volunteer, Truck Safety Coalition

Son of Betsy Wood, Brother of Lisa Wood Martin, Uncle of Chance, Brock, and Reid Martin

Killed in a truck crash 9/20/04

Gary Wilburn

Weatherford, OK

Volunteer, Truck Safety Coalition

Father of Orbie Wilburn

Killed in a truck crash 9/2/02

Henry Steck

Homer, NY

Volunteer, Truck Safety Coalition

Melissa Gouge

Washington, D.C.

Volunteer, Truck Safety Coalition

Cousin of Amy Corbin

Killed in a truck crash 8/18/97

Cindy Southern

Cleveland, TN

Volunteer, Truck Safety Coalition

Wife of James Whitaker, sister-in-law Anthony Hixon and aunt of Amber Hixon

Killed in a truck crash 9/18/09

Kim Telep

Harrisburg, PA

Volunteer, Truck Safety Coalition

Wife of Bradley Telep

Killed in a truck crash 8/29/12

Alan Dana

Plattsburgh, NY

Volunteer, Truck Safety Coalition

Son of Janet Dana, Uncle of Caitlyn & Lauryn Dana, Brother-in-law of Laurie Dana

Killed in a truck crash 7/19/12

Amy Fletcher

Perrysburg, OH

Volunteer, Truck Safety Coalition

Wife of John Fletcher

Killed in a truck crash 1/24/12

Steve Izer

Lisbon, ME

Board Member, PATT

Father of Jeff Izer

Killed in a truck crash 10/10/93

Jennifer Tierney

Kernersville, NC

Board Member, CRASH

Member, MCSAC

Daughter of James Mooney

Killed in a truck crash 9/20/83

Nancy Meuleners

Bloomington, MN

Volunteer, Truck Safety Coalition

Injured in a truck crash 12/19/89

Paul Badger

Davidson, NC

Son of Bill Badger

Killed in truck crash 12/23/04

Marianne Karth

Rocky Mount, NC

Volunteer, Truck Safety Coalition

Founder, AnnaLeah & Mary for Truck Safety

Mother of AnnaLeah and Mary Karth

Killed in a truck crash 5/4/13

Jerry Karth

Rocky Mount, NC

Volunteer, Truck Safety Coalition

Founder, AnnaLeah & Mary for Truck Safety

Father of AnnaLeah and Mary Karth

Killed in a truck crash 5/4/13

Frank Wood

Falls Church, VA

Volunteer, Truck Safety Coalition

Father of Dana Wood

Killed in a truck crash 10/15/02

Marchelle Wood

Falls Church, VA

Volunteer, Truck Safety Coalition

Mother of Dana Wood

Killed in a truck crash 10/15/02

Jackie Novak

Hendersonville, NC

Volunteer, Truck Safety Coalition

Mother of Charles “Chuck” Novak

Killed in a truck crash 10/24/10

Julie Branon Magnan

South Burlington, VT

Volunteer, Truck Safety Coalition

Injured in a truck crash 01/31/02

Wife of David Magnan

Killed in a truck crash 01/31/02

Christina Mahaney

Jackman, ME

Volunteer, Truck Safety Coalition

Injured in a truck crash 7/19/2011

Mother of Liam Mahaney

Killed in a truck crash 7/19/2011

Sandra Lance

Chesterfield, VA

Volunteer, Truck Safety Coalition

Mother of Kristen Belair

Killed in a truck crash 8/26/2009

Debra Cruz

Harlingen, TX

Volunteer, Truck Safety Coalition

Injured in a truck crash 8/8/2008

Bernadette Fox

Davis, CA

Volunteer, Truck Safety Coalition

Best friend of Daniel McGuire

Killed in a truck crash 7/10/2014

Warren Huffman

Odessa, MI

Volunteer, Truck Safety Coalition

Brother of Tim Huffman

Killed in a truck crash 5/6/13

Tammy Huffman

Odessa, MI

Volunteer, Truck Safety Coalition

Sister-in-law of Tim Huffman

Killed in a truck crash 5/6/13

Wanda Lindsay

New Braunfels, TX

Volunteer, Truck Safety Coalition

Wife of John Lindsay

Killed in a truck crash 5/7/10

Tom Lindsay

Carrollton, KY

Volunteer, Truck Safety Coalition

Son of John Lindsay

Killed in a truck crash 5/7/10

Ashley McMillan

Memphis, TN

Volunteers, Truck Safety Coalition

Girlfriend of Michael Higginbotham

Killed in a truck crash, 11/18/14

Michelle Novak

Delevan, NY

Volunteer, Truck Safety Coalition

Aunt of Charles “Chuck” Novak

Killed in a truck crash 10/24/10

John Ramsey

Edneyville, NC

Volunteer, Truck Safety Coalition


 [New post] Missing you this Christmas, AnnaLeah & Mary. With hope, we carry on.

December, 2015

Dear Care for Crash Victims Community Members:

Missing!  

Who and what has the power to end crash violence in all its forms?  Crash victims and their stories.

The message forwarded (see here) is from Marianne Karth a mother who lost two daughters in a violent preventable crash is an example of what there has not been enough of in auto safety.  It is the stories of crash victims that give life and tears to the dry statistics that NHTSA records regularly.  Currently, the NHTSA statistics are at the rate of about 100 deaths, 400 serious injuries, and $2 Billion in losses per day in the U.S.A. 

Under Joan Claybrook’s too short reign at NHTSA, I had the privilege to have a small part in research on the effects of crashes on families.

See  https://www.careforcrashvictims.com/effects-on-families.php

Elections have consequences.   Ronald Reagan’s election ended Joan Claybrook’s leadership at NHTSA.  Reagan’s reign of safety terror also ended the research on the effects of crashes on children and families.  Lest some readers think “terror” is a typo for “error” consider: *  Reagan also ended research on stronger Truck Under-ride Guards,  *  Reagan rescinded the airbag rule (later overruled by the Supreme Court 9-0),  *  Reagan cut the size of NHTSA from 900 safety workers to 600 – a reduced level that persists to this day.

*  Here in the U.S.A. about 1.5 million Americans died of crash injuries since the beginning of the Reagan reign of terror began.  

So this former conservative Republican who worked for election of Goldwater in 1964 and later became a conservative converted by my conscience against Republican policies, I believe the word safety “terror” is appropriate.  

As for the Clinton and Obama Administrations, they clearly did too little to end crash violence.  See http://www.fairwarning.org/2012/09/a-strange-indifference-to-highway-carnage/ To this day there is not even a Vision Zero Goal to end violent crash deaths and serious injuries in or by new vehicles in a decade.  Hillary Clinton has been willing to raise the gun violence issue.  Will Sen. Sanders be willing to raise the crash violence issue (there are far more injuries in crashes)?  We have to end both gun and crash violence.  

To do so it will take citizens sharing their stories and motivating and mobilizing fellow citizens politically and economically.

Building a Safer America depends on the actions of its citizens.   Here’s hope for progress in the Car Safety Wars in the new (election) year.  See https://www.careforcrashvictims.com/assets/Trial_2015_09Sept_AmmonsreviewofLemov.pdf

Lou

 

———- Forwarded message ———- From: AnnaLeah & Mary <donotreply@wordpress.com> Date: Fri, Dec 25, 2015 at 11:48 PM Subject: [New post] Missing you this Christmas, AnnaLeah & Mary. With hope, we carry on. To: louis.v.lombardo@gmail.com

 

The Airbag “Mess” That Harms Us


The Airbag “Mess” That Harms Us

December, 2015

Dear Care for Crash Victims Community Members:
As I read this, it is yet another excellent article that documents our “rigged” system of people and policies in corporations and government that harm us.

Bloomberg reports:

“A ‘Mess’

NHTSA agrees that movement on the Takata case took too long and that’s why it included deadlines for action in its consent order with the company, Trowbridge said. For example, manufacturers in states with high humidity, which has been linked to the air bag failures, must have enough parts on hand by March to complete all repairs, he said.

“We’ve got kind of a mess on our hands here and everybody acknowledges this,” he said. “This is not going to get done fast enough to satisfy us or, frankly, we think the manufactures that are involved.”

Law changes that would make recall completion rates higher have consistently been fought by the industry, Ditlow said.

A measure contained in transportation legislation earlier this year would have required used car dealers to perform all outstanding recalls before selling vehicles. It was taken out of the bill before it passed.” See

 

Airbags in 1966 and Subsequently


Airbags in 1966 and Subsequently

December, 2015

I had the privilege of working with Dr. Carl Clark at NHTSA in the 1980s.

By 1973, GM had produced and sold airbag vehicles to the U.S. government.  See  https://www.careforcrashvictims.com/blog-daylaightsavings.php

Auto safety expert Byron Bloch still owns one of the original GM airbag vehicles.
That development of production airbag vehicles by GM between 1966 and 1973 using 1960s technology shows how much progress can be made when the governmental and corporate will is applied to advance safety.  
Imagine how much progress could be made today using 21st century technologies to achieve Vision Zero deaths and serious injuries in or by a new vehicle in a decade.  Where is the political will?
Lou

 

NHTSA Advances Truck Underride Protection –


NHTSA Advances Truck Underride Protection –

December, 2015

Dear Care for Crash Victims Community Members:

Karth family that lost two daughters works to advance truck safety.

See and subscribe to their inspirational posts to help at:http://annaleahmary.com/2015/12/unexpected-events-progress-in-underride-protection/

Lou