Month: August 2016

GM Continues Efforts To Avoid Responsibilities For Ignition Switch Deaths, Injuries, and Losses

Dear Care for Crash Victims Community Members:

Our Past:

The Wall St. Journal reports on the latest legal maneuver by GM in the long saga of minimizing justice for crash victims.  The saga has been documented by the Center for Auto Safety at http://www.autosafety.org/general-motors-ignition-switch-recalls-homepage/

Our Present:

The Wall St. Journal, in an excellent article, reports:

“GM Continues to Seek Shield From Ignition-Switch Suits

Auto maker challenging July appeals court ruling that denied its efforts to use its 2009 bankruptcy to block lawsuits over the defective ignition switches

By Tom Corrigan
Aug. 11, 2016 5:44 p.m. ET

General Motors Co. sought a rehearing of an appeals court ruling that exposes it to hundreds of potential lawsuits and some $10 billion in liabilities from faulty ignition switches.
Lawyers for the nation’s largest auto maker on Wednesday said the court made two “fundamental errors” when it last month ruled against the company’s efforts to use its 2009 bankruptcy to shield itself from the litigation over the ignition switches.
The decision “makes no sense and is flatly contrary to the bankruptcy code and decisions from other courts,” the Detroit auto maker said. GM said the court’s decision, if not reversed, would permanently damage the bankruptcy process that saved it from collapse in 2009.
The Second U.S. Circuit Court of Appeals in Manhattan denied GM’s attempt to use its bankruptcy to block lawsuits seeking potential claims over the defective ignition switches, which have been linked to 124 deaths. The ruling overturned a bankruptcy judge’s earlier decision to bar claims that arose before its chapter 11 filing.

Steve Berman, a plaintiffs’ lawyer involved in the GM litigation, said the Second Circuit rarely grants requests for a rehearing, and noted the court’s decision was unanimous”.  See  http://www.wsj.com/articles/gm-continues-to-seek-shield-from-ignition-switch-suits-1470951862?mod=itp&mod=djemITP_h

Our Future:
Remember that many crash victims were left out of any compensation and the number of victims is likely to grow as unfixed vehicles are still on the roads endangering people.  See http://www.bloomberg.com/news/articles/2015-07-01/gm-fund-excludes-scores-hurt-or-killed-in-cars-with-switch-flaw
Will justice ever prevail?
Lou Lombado
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____________________Lou Lombardowww.CareForCrashVictims.com

Fwd: FTC Sells Out Consumers Justice Department in Consent Order Allowing GM to Sell Certified Used Cars With Outstanding Safety Recalls

Dear Care for Crash Victims Community Members:

Please see the CAS News Release below with documents.

http://www.autosafety.org/wp-content/uploads/import/CASNewsImage.jpg

August 26, 2016

FTC Sells Out Consumers & Justice Department in Consent Order Allowing GM to SellCertified Used Cars With Outstanding Safety Recalls

In allowing GM to sell unrepaired vehicles with outstanding safety recalls, the Federal Trade Commission (FTC) not only is out-of-touch with vehicle safety in America but also jeopardizes the Justice Department’s Consent Settlement in the GM ignition switch mass defect that killed at least 174 consumers.  In a letter to US Attorney for the Southern District of NY Preet Bharara, CAS Executive Director Clarence Ditlow wrote:

    In a proposed consent agreement with General Motors, the Federal Trade Commission would emasculate Section 15(a)(4)of the DPA by allowing vehicles with open recalls to be sold in GM’s certified pre-owned (“CPO”)program.    There is no place in a CPO program for vehicles with open recalls which endangers the life of anyone who buys such a vehicle.    We call on your office to promptly step in and request the Commission to put the proposed GM order on hold so that the Independent Monitor’s team has a full opportunity, with a clean slate, to review, assess, and make recommendations regarding GM’s procedures for addressing the known defects of open recalls in certified pre-owned vehicles. This is the time to show how the DPA can benefit consumers.

#     #     #

CAS Letter to US Attorney Preet Bharara – 8/25/16

U.S. Senators’ Letter to NHTSA Administrator and FTC Chairwoman – 7/14/16

Consumer Groups, et. al Comments on Proposed Consent Agreement – 2/29/16

FTC Federal Register Notice: Proposed Consent Agreement – 2/3/16

FTC Documents

·         Agreement Containing Consent Order

·         Complaint

·         Complaint Exhibits A-F

·         Analysis of Proposed Consent Order to Aid Public Comment

·         PRESS RELEASE: GM, Jim Koons Management, and Lithia Motors Inc. Settle FTC Actions Charging That Their Used Car Inspection Program Ads Failed to Adequately Disclose Unrepaired Safety Recalls

Clarence Ditlow

Executive Director

Center for Auto Safety

1825 Connecticut Ave NW #330

Washington DC 20009

The FTC is yet another Federal Agency failing to protect the American people from harm.

When will it end?

Freedom of Information Act After 50 Years

Dear Care for Crash Victims Community Members:

Michael R. Lemov, author of “Car Safety Wars” and of “People’s Warrior”, has noted the 50th Anniversary of the Freedom of Information Act in a piece carried by The Detroit News.

Lemov wrote:“It is now 50 years since Congressman John Moss’ greatest triumph, the Freedom of Information Act. Since then, the law has been improved here and adopted, in one form or another, in over 100 countries….

As I interviewed Moss for a book about his life, I asked whether the Freedom of Information Act had been all he hoped for. “If you ask me if we are better off now than before we passed it,” he said, “I would definitely say yes. If you ask me are we where we should be on open government, I would say, not by a long shot. … The battle never ends.”

Lemov is right to remind us all of Rep. Moss’ “The battle never ends.”
Paul Fletcher, the recent President of the Society of Professional Journalists, noted the 50th anniversary in Quill as follows:

“PUBLIC INFORMATION OFFICERS. In December, I led a group to the White House, where we spoke with President Obama’s press secretary, Josh Earnest, on behalf of 53 journalism organizations.

The topic: The trend by public information officers at federal agencies to prevent journalists from doing their jobs and getting information to the American people. The problem has gotten worse, not better, under the “most transparent administration in history,” which is what the president called for the day after his inauguration in 2009.

PIOs have become a stifling pinchpoint for information, or in the case where interviews actually are allowed, minders who seek to make sure that the company line is preserved.

Earnest was cordial and the conversation was candid. But we haven’t seen any follow-up as the Obama administration plays out the clock.

I choose to be an optimist on a daily basis, but this problem is only going to get worse. And it doesn’t matter which candidate wins the presidential election in November.

FIX FOIA by 50. Finally, this was a big one. SPJ is a member of the Sunshine in Government Initiative, a combine of nine journalist and open-government groups. SGI worked tirelessly on behalf of the FOIA Improvement Act of 2016, a measure that passed both houses of Congress unanimously. “Fix FOIA by 50” was the mantra, seeking passage of the bill before the 50th anniversary of the act’s initial passage.

The bill brings FOIA into the 21st century; among other reforms, it allows for electronic requests and requires electronic documents to be created. There will be a single online portal to submit FOIA requests to agencies. It establishes, by statute, a presumption of openness in our government.

President Obama signed the bill on June 30, just a few days before July 4, the day President Lyndon Johnson signed the first FOIA in 1966. We fixed FOIA by 50, and we gave America a little something extra to celebrate on Independence Day this year.”  See http://blogs.spjnetwork.org/president/2016/08/09/the-last-roundup/

Lou Lombardo
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____________________Lou Lombardowww.CareForCrashVictims.com

Four Million Reasons To Sign Petition That May Save Your Life

Dear Care for Crash Victims Community Members:

A Mom and Grandmother who lost two young daughters in a crash, Marianne Karth and her family, have started another petition to get President Obama to do his job of protecting us all here at home in the U.S.A. today.  Her petition to end preventable deaths by vehicle violence is easily accomplished.  She simply asks for the appointment of a Traffic Safety Ombudsman to pursue reasonable and effective safety policies.  Seehttp://annaleahmary.com/2016/08/new-care2-petition-to-end-preventable-crash-deaths-appoint-a-traffic-safety-ombudsman/

If anything has been learned in recent years, it is that the Federal government, now captive of corporate powers, has failed us all. See http://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html?_r=0

Today we are on a path to counting our 4 millionth fatality due to vehicle violence in the coming decade.  See

https://www.careforcrashvictims.com/assets/MonthlyReportforJanuary2016-Corrected.pdfWhen government is not doing its job of providing for our safety, the Declaration of Independence says that it is up to us all.
That is what the Karth family is doing and they deserve the support of all Americans.
Please consider signing and sharing their petition.
And note this woman’s exploration of the tragedies of vehicle violence and what can be done to end such violence is inspirational.  I recommend people read her work as she asks the important humane questions of the governance that has failed us all for decades.
Lou Lombardo
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____________________Lou Lombardowww.CareForCrashVictims.com

Forbes Offers Blind Spot Crash Avoidance Technique Free

Dear Care for Crash Victims Community Members:

A good article on how people can avoid blind spot accidents has been published by Forbes.

This is a Mirror Adjustment technique that I have used for decades and have taught my children and grandchildren.  See

This is one little known thing we can do to be safer.
Lou Lombardo
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____________________Lou Lombardowww.CareForCrashVictims.com

Decades of Deaths and Injuries By Design of Weak Seats

Dear Care for Crash Victims Community Members:

Deaths and Injuries By Corporate Designs
The problem has been carefully and powerfully described in an excellent CBS video at http://www.cbsnews.com/news/seat-back-failures-injuries-deaths-auto-safety-experts-demand-nhtsa-action/

The video relied in part on the noble and diligent work of the Center for Auto Safety for decades to end these needless tragedies.  See https://www.careforcrashvictims.com/blog/blog-seatbackfailuresresponsibility/

Some progressive political pressure grew but not enough to move the Obama Administration yet.  See

Yesterday, the Center for Auto Safety released additional information that continues to build the case for humane and moral action to end this vehicle violence.  The CAS found evidence of 327 deaths and 3,278 injuries since 2003 that NHTSA should have acted on.  The data shows Ford had the most deaths while GM had the most injuries.  See http://www.autosafety.org/wp-content/uploads/2016/03/Supplemental-EWR-Letter.pdf
Decades of NHTSA Failures to Protect Americans Here
Where is the Obama Administration?  Defending shipment of $400 million in cash to Iran – apparently in part for 4 American hostages.  Compare $400 million to the 327 deaths valued at $9 million each using DOT policy value of a statistical life = $3 billion.  See https://www.careforcrashvictims.com/crash-costs.php

Note the Obama Administration spends more than $100 million each year on vehicle safety research – but it is managed by former GM employees.  See https://www.careforcrashvictims.com/blog-lastdecade.php
Resources Not Spent On Safety
Where are the Foundations?  The largest Gates spends 75% of our money overseas.  (Yes, I think of it as “our money” to some extent since it was made here in the U.S.A. and tax sheltered here for years.)
Imagine how many lives would have been saved if the Center for Auto Safety over the past 40 years had a budget of $10 million each year (actually it is far less than $1 million).
Note the Obama Administration spends more than $100 million each year on vehicle safety research – but it is managed by former GM employees.  And because of the freely spinning DOT Revolving Door by too many past, present, and future corporate servants.
Under Obama, American taxpayers bailed out automakers, but Obama has overseen scandals at NHTSA and an estimated 250,000 deaths by the end of this year here in the U.S.A.  Currently, vehicle violence is resulting in 100 deaths + 400 serious injuries and an estimated cost of $2 billion every average day in the U.S.A. today.  See https://www.careforcrashvictims.com/assets/MonthlyReportforJanuary2016-Corrected.pdf
Lou Lombardo
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____________________Lou Lombardowww.CareForCrashVictims.com

Decades Of Deaths By Truck Underride

Dear Care for Crash Victims Community Members:
Marianne Karth has written an excellent article for Trucks.com.

“When Will We Tackle Underride? – The Hidden Dangers in Trucks”

See https://www.trucks.com/2016/08/10/trucks-underride-hidden-danger/

Almost every other day in the U.S.A. today someone is killed in a truck underride crash as counted by NHTSA.

Worry when you see a heavy truck on the road because NHTSA has failed to fix the problem for decades.  If you can see the truck, you are in danger – danger that NHTSA has not seen for too long for too many Americans.Inline image 1

Lou Lombardo