Category: Blog

Deadly Airbags Ignored by NHTSA for a Decade under Presidents Bush and Obama


Deadly Airbags Ignored by NHTSA for a Decade under Presidents Bush and Obama

September, 2014

Dear Care for Crash Victims Community Members:

An excellent article in today’s NY Times reports:

“The details of Honda’s air bag problems, which have not been previously reported, come as General Motors continues to face questions about its ignition switch defect, which some G.M. officials knew about for a decade before the recalls were issued. In echoes of that safety crisis, The New York Times found the inadequate response to the risk of rupturing air bags was rooted in the industry’s ability to report safety problems in a minimal way, a weak regulatory agency and a disconnect between what automakers are aware of internally and what they reveal publicly.

The danger of exploding air bags was not disclosed for years after the first reported incident in 2004, despite red flags — including three additional ruptures reported to Honda in 2007, according to interviews, regulatory filings and court records.”

See http://www.nytimes.com/2014/09/12/business/air-bag-flaw-long-known-led-to-recalls.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

This kind of reporting gives us all hope for a safer America.  Hopefully, the Senate Hearings scheduled for next Tuesday will examine the regulatory captivity of NHTSA that continues to this day with high level officials, formerly employed by GM, now in charge of vehicle safety programs.  See https://www.careforcrashvictims.com/blog-coverupMonthly8-14.php

Lou

 

Telematics, Privacy, Safety and Lawyers


Telematics, Privacy, Safety and Lawyers

September, 2014

Dear Care for Crash Victims Community Members: An excellent article in Automotive News notes increasing interest in telematics data.

The privacy terms for ConnectedDrive’s BMW Assist component says it may “collect and retain an electronic or other record” of a person’s location or direction of travel at a given time — providing another potential legal tool for lawyers to go along with cellphone records, vehicle black boxes and even airbag modules.

That may irk consumers who worry about an all-seeing eye keeping tabs on their travels.

Of course, limited vehicle data can’t stand alone, experts say. The data must be backed by other evidence. But lawyers say they’re interested in using the data to build cases.

“It certainly is an intriguing new thing,” said Don Slavik, a product liability lawyer who has worked on litigation involving Toyota and unintended acceleration.

“It introduces some questions of privacy issues that people aren’t aware of. I wasn’t aware of some of this stuff until recently.”

Slavik said he hasn’t used vehicle telematics data yet, but he may turn to such data in future cases.

He said: “We’ve just learned about the large volume of data going through systems. Not just one or 10 or 20 pieces of data, but thousands of pieces of data that are reported.”

See http://www.autonews.com/article/20140914/OEM11/309159952/lawyers-reaching-for-in-car-data

As I concluded in my July Monthly Report and have written repeatedly:

“Members of Congress can ask NHTSA and GM to make
OnStar safety data publicly available for analysis by NHTSA, insurers, and safety consumer groups.  Vehicle owners own the data that GM collects, but GM controls the use of our data. We the people can obtain such data to better protect ourselves.”
Attached is a Law Review article on the subject.
Maybe now more members of Congress will get involved in making auto safety data publicly available to save lives.  
Lou

 


GM Payout Offers Begin

September, 2014

Dear Care for Crash Victims Community Members:

Automotive News reports on first payouts.

“Dozens of new claims have poured in each day, with the tally rising from 445 on Sept. 12 to more than 850 now. Fund administrator Kenneth Feinberg and his staff are just beginning to review them. Early results suggest that GM will pay for many more deaths and injuries than it had acknowledged, but many claims are likely to be rejected unless families can provide more evidence.

“A significant number of these submitted claims are completely ‘undocumented’ or ‘deficiently’ documented and cannot be processed until required supporting docs are submitted,” Camille Biros, Feinberg’s deputy, told Automotive News in an email.”….

“Two of the first payment offers went to the families of Amy Rademaker and Natasha Weigel, who died in October 2006 when a Chevrolet Cobalt driven by a friend left a rural Wisconsin road and crashed into some trees.

Weigel’s stepfather, Ken Rimer, said he and his wife met with Feinberg several weeks ago and submitted a claim under what’s known as “Track B,” a less streamlined alternative that allows for individual negotiations and consideration of extenuating circumstances. Their offer includes the fund’s $1 million per-death minimum plus an additional amount Rimer and his lawyer, Bob Hilliard, didn’t disclose.

“We kind of figured this was our best avenue,” Rimer said, explaining why they chose to take Feinberg’s offer and drop the lawsuit. “It simplifies things. Anytime you go in front of a judge and jury, you don’t know what’s going to happen.”  See

http://www.autonews.com/article/20140929/OEM11/309299975/gm-victim-fund-begins-payout-offers

Latest GM statistics show 153 claims made for crash deaths and 23 crash deaths deemed eligible for GM payout offers to be made.  Data as of September 26, 2014 are publicly available at 

http://www.gmignitioncompensation.com/docs/gmFacilityOps.pdf

See

Inline image 1

 

3 Views of the NHTSA Record


3 Views of the NHTSA Record

September, 2014

Dear Care for Crash Victims Community Members:

1. Current NHTSA Deputy Administrator David Friedman:“When automakers have failed to recall vehicles quickly, NHTSA has repeatedly issued the maximum fines allowed by law — more than $140 million in five years.”  Seehttp://www.usatoday.com/story/opinion/2014/09/16/david-friedman-national-highway-traffic-safety-administration-editorials-debates/15745881/

2.  USA Today Editorial Board: “GM withheld key information from regulators. It settled cases secretly, ignored actions by its own employees and left dangerous cars on the road for a decade. But when companies act so deplorably, safety watchdogs are needed most. Whether because of corruption, capture by the industry or just plain cluelessness, NHTSA failed.

Congress wants to beef up the agency’s powers and open more data to the public. OK. But an empowered lapdog is still a lapdog. What’s needed is leadership that changes the agency’s ways.”  See

http://www.usatoday.com/story/opinion/2014/09/16/gm-ignition-switch-recall-auto-safety-nhtsa-editorials-debates/15745713/

3. Ralph Nader:

“Today, NHTSA operates more as a consultant to the auto companies as executives pass back and forth between regulatory agency and regulated business as if they were merely divisions of the same firm. NHTSA holds secret meetings with auto companies. The agency has not ordered a manufacturer to recall its defective vehicles for 35 years.

NHTSA needs to end its criminally negligent “business as usual” relationship with auto companies. Only congressional action fueled by the organized outrage of aggrieved families can change the deadly status quo.”  See

http://www.usatoday.com/story/opinion/2014/09/17/ralph-nader-safety-nhtsa-investigation-regulation-congress-gm-stalled-column/15801047/

Current Reality:

There is a clear and present danger we face every day – here in the U.S.A.  Crash deaths in the U.S. currently occur at a rate of nearly 100 per day.  Serious crash injuries occur at the rate of nearly 400 per day.  Crash injuries of all severities occur at a rate of about 6,000 per day.  Societal losses from U.S. crash losses amount to more than $2 Billion per day in the U.S.A. 

As I wrote in the July 2014 Monthly Report:

“The GM Recalls come at a time when the nation is celebrating its Declaration of Independence that held “Safety” as a fundamental purpose. During just the expected 8 years of President Obama’s Administration, the nation is on track to record nearly 250,000 crash deaths (more than twice the number of Americans killed in the Afghanistan, Iraq, Korean, and Viet Nam Wars — combined).   Plus 1 million serious crash injuries.   And all crashes are expected to result in $7 Trillion of societal losses in America during these eight years.”

A higher national safety priority is needed to protect Americans from crash force violence that is killing, maiming, and costing enormous U.S. treasure. See   https://www.careforcrashvictims.com/assets/MonthlyReportforAugust2014.pdf

Lou

 

GM Recall Coverup Continues With New Chairman Solso


GM Recall Coverup Continues With New Chairman Solso 

September, 2014

Dear Care for Crash Victims Community Members:

NY Times reports:

In February, the initial recall of hundreds of thousands of cars with defective ignition switches was treated in such a routine manner at the board’s monthly meeting that the board’s chairman, Theodore M. Solso, said he had only a vague recollection of the details.

“I can’t remember the specifics,” Mr. Solso said in an interview. “It was a large recall. There were probably cost estimates.”

See http://www.nytimes.com/2014/09/08/business/gms-board-is-seen-as-slow-in-reacting-to-safety-crisis.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

Looks like the American people will finally learn more.  Hopefully before another person dies of preventable GM crash injuries.

Lou

 

NY Times Investigating NHTSA’s Failures to Protect Americans


NY Times Investigating NHTSA’s Failures to Protect Americans

September, 2014

Dear Care for Crash Victims Community Members:

Another excellent article on NHTSA’s failures to protect Americans has been published.“An investigation by The New York Times into the agency’s handling of major safety defects over the past decade found that it frequently has been slow to identify problems, tentative to act and reluctant to employ its full legal powers against companies.”

See http://www.nytimes.com/2014/09/15/business/regulator-slow-to-respond-to-deadly-vehicle-defects.html?hp&action=click&pgtype=Homepage&version=LedeSum&module=a-lede-package-region&region=top-news&WT.nav=top-news&_r=0

Lou

 

GM Recall Program: Deaths Rise to 23


GM Recall Program: Deaths Rise to 23

September, 2014

Dear Care for Crash Victims Community Members:
NY Times reports on crash victims acknowledged under the GM “Compensation” Plan.  This is an excellent article that gives readers a glimpse of the human tragedies and some of the costs faced by crash victims.

See http://www.nytimes.com/2014/09/30/business/deaths-tied-to-flawed-general-motors-ignition-rise-to-23-as-compensation-offers-go-out.html?hpw&rref=automobiles&action=click&pgtype=Homepage&version=HpHedThumbWell&module=well-region&region=bottom-well&WT.nav=bottom-well

Reuters reports “Under the program’s protocol, eligible death claims will receive at least $1 million, which could increase depending on factors such as whether the deceased had any dependants. GM has set aside $400 million to cover the compensation costs, and said the total could rise by another $200 million.”  Seehttp://www.reuters.com/article/2014/09/29/us-gm-recall-compensation-idUSKCN0HO1F220140929

DOT Policy Guidance on the value of a statistical life should be calculated at $9.1 million in 2012.  See attached DOT document.  If the GM “Compensation” plan met that U.S. policy the 23 deaths so far would cost GM more than $209 million.
Unfortunately many, probably most if not all, crash victims are not likely to receive anything like the dollars called for by U.S. policy guidelines.  See https://www.careforcrashvictims.com/assets/MonthlyReport-June-July-2014.pdf 
Lou