Kids and Cars Petition to Protect Babies – Where are President Obama and the Auto Industry?
July, 2014

July, 2014

June, 2014
Dear Care for Crash Victims Community Members: Here is the Center for Auto Safety’s letter to NHTSA today. July 2, 2014 The Honorable David J. Friedman Acting Administrator National Highway Traffic Safety Administration (NHTSA) 1200 New Jersey Avenue SE, West Building Washington, D.C. 20590 Dear Administrator Friedman: Over a year has passed since Chrysler agreed to perform a limited recall (13V-252) of some Jeeps prone to being consumed by post-collision fires due to a defective fuel tank system. Model year 1993-1998 Jeep Grand Cherokee and 2002-2007 Liberty vehicles were recalled on June 18, 2013. To date, not a single Jeep has been remedied under this recall while at least 4 people have died and 2 more have been seriously burned in Jeep fire crashes. This toll does not include other Jeep fire crash victims in NHTSA’s 2013 FARS database which has yet to be released. As revealed in NHTSA’s Special Order to Chrysler < http://www.autosafety.org/sites/default/files/imce_staff_uploads/NHTSA% 20Special%20Order%20on%20Recall.pdf today, the first few repairs will not take place until August 1, 2014. Other consumers may have to wait for years for a replacement part. Based on NHTSA’s calculations using Chrysler production data, the agency believes it will take 4.7 years for Chrysler to produce the repair part for the recalled Grand Cherokees, and 2.6 years for the Liberty.[1] Clearly the agency must exercise its authority under 49 CFR 573.14 to require an accelerated recall with additional suppliers and repairs opened to independent repair shops. The agency should not wait for Chrysler to respond to the Special Order while more consumers burn to deaths in Jeeps. While Chrysler and NHTSA continue to wrangle over the details of the year-old recall, crashes, deaths and injuries continue to mount: * On November 10, 2013, Skyler Anderson-Coughlin was killed in Longmeadow, MA, when his 1996 Jeep Grand Cherokee was struck from behind and erupted into flames. * On December 12, 2013, Reed Whittaker burned in his Jeep Cherokee in Livermore, CA after being rear-ended by a Hummer. The fire quickly spread to the Hummer but the occupants of that vehicle had just enough time to escape their vehicle. * On March 11, 2014, Joseph and Esther DiGiovanni died when their 2004 Jeep Liberty was struck from behind by a pickup truck in Maryland. The impact ruptured the Jeep’s fuel tank, causing a fire and explosion that consumed the DiGiovanni vehicle. * On April 5, 2014, Magdaleno and Raymundo Sanchez of Texas were traveling in their 1994 Jeep Grand Cherokee when it was struck from behind, resulting in severe burn injuries to both. While CAS is pleased to see NHTSA conducted some crash tests http://www.autosafety.org/sites/default/files/imce_staff_uploads/NHTSA% 20EA12-005%20Crash%20Test%20Report.pdf of Chrysler’s proposed remedy, those crash tests bear small resemblance to the more rigorous crash tests conducted for NHTSA when it disapproved Ford’s proposed remedy for the Pinto. The Pinto was subjected to the then new FMVSS 301 test procedure applicable to 1977 models but not to the recalled 1971-76 Pinto’s. The tests released by NHTSA today are not comparable to the new FMVSS 301 which took effect in 2007 and requires a 50 mph 30% offset from a 3015 pound moving barrier with low front end. This test is far more severe than the ones NHTSA did with a Neon and Cadillac Deville for the Jeep Grand Cherokee and Liberty for fuel system integrity at 40 mph and 35 mph with crash energy levels of about 150,000 lb-ft versus 253,000 lb-ft for the new FMVSS 301. At best, the trailer hitch fix provides limited protection in low speed crashes while most Jeep victims have died in higher speed but survivable fire crashes. Other Jeeps still under investigation in EA12-005 have yet to be included in the recall, despite experiencing the same failures as the recalled models. 1999-2004 Grand Cherokees and 1993-2001 Cherokees are not addressed under recall 13V-252; over a million owners of these unrecalled vehicles will be stuck without even an inadequate trailer hitch repair. NHTSA asked Chrysler to voluntarily recall the 1999-2004 Grand Cherokees but Chrysler refused. There is no evidence in the public record that NHTSA intends to pursue an expansion of the recall population to include these vehicles. In fact, other than the information released today, NHTSA’s Special Order and EA12-005 Report on NHTSA-conducted crash tests of recalled models, nothing has been placed in the public investigatory file for the past year. To date, there have been at least 370 fatal fire crashes of 1993-2004 Jeep Grand Cherokees, < http://www.autosafety.org/sites/default/files/imce_staff_uploads/JeepFA RSLog_6.pdf 1993-2001 Jeep Cherokees http://www.autosafety.org/sites/default/files/imce_staff_uploads/JeepCh erokeeFARSLog_2.pdf and 2002-2007 Jeep Libertys http://www.autosafety.org/sites/default/files/imce_staff_uploads/JeepLi bertyFARSLog_1.pdf that have resulted in 503 deaths, at least 167 of which are deaths due to fire. To stem the tide of deaths by fires in Jeeps, Chrysler must recall all the above Jeeps with a remedy that will ensure all Jeeps pass the new FMVSS 301 which took effect beginning with 2007 models. Sincerely, Clarence Ditlow Executive Director Center for Auto Safety 1825 Connecticut Avenue NW Ste 330 Washington DC 20009-5725
[1] NHTSA Special Order Directed to Chrysler Group LLC, July 2, 2014. 2 Attachments
Where is President Obama? Why does he not care? How many more tragedies will he permit?
Lou
June, 2014
The LA Times reports the U.S. has just set a new annual record for recalls. In just 6 months!.
“The cost of recalls can put a financial strain automakers. GM estimates that its recalls will take $2 billion off its bottom line this year.
But for automakers and dealers, there is also an upside. Analysts say that at least two in three recall notices is fulfilled, meaning that dealers get to have their old customers back in the showroom. There, they can show off the new models, and, at minimum, be in a position to sell drivers on some repairs they previously were not considering.”
June, 2014
Bloomberg reports Barra Confidante knew in 2005
“A top product-development executive still working atGeneral Motors Co. (GM) was, as an engineer, involved in deliberations about a deadly ignition flaw kept from the public, newly released documents indicate.
Doug Parks, a vehicle chief engineer for the Chevrolet Cobalt in 2005, was involved in the debate over whether it was worth the cost to redesign a faulty ignition switch that had been installed on millions of cars, according to company e-mails and documents released yesterday by congressional investigators. He would later become vice president of global product programs under Mary Barra, now GM’s chief executive officer.
Barra, who rose from product development to become CEO in January, has tried to manage the fallout over the delayed switch recall by assuring lawmakers that GM’s corporate culture regarding safety has changed. While GM has ousted 15 people over the switch defect and two other senior engineers involved retired, Parks remains.”
See http://www.bloomberg.com/news/2014-06-26/gm-documents-show-engineer-went-against-company-panel.html
NY Times reports Senate Investigating Delphi
“Senate investigators are widening the scope of the inquiry into General Motors’ decade-long failure to recall cars with a defective ignition switch to also focus on the supplier that made the flawed part.”
NY Times also publishes Graphic showing that in North America in 2014, the total number of GM Recalled vehicles currently = 20,013,649. Now NHTSA needs to publish numbers of vehicles still unrepaired on the roads endangering Americans. NHTSA also needs to publish the data it has on Recalls by each automaker. See NY Times Graphic on GM at:http://graphics8.nytimes.com/packages/pdf/Recalls-Running-Total.jpg?action=click&contentCollection=Business%20Day&module=RelatedCoverage®ion=Marginalia&pgtype=article
These reports hold promise of more safety progress as the public learns more about the enormity of the problem and the focus moves up the chain of command. Hopefully America will do as well with these “Safetygate” investigations as we were able to do with Watergate.
Lou
June, 2014
Automotive News in an excellent article has unveiled key documents in GM & NHTSA Recall scandal.
GM Told in July 2004
“A July 1, 2004, report by Siemens VDO Automotive analyzed why frontal and side-impact airbag sensors simultaneously shut down less than two-tenths of a second after the moment of impact. It was written a little more than a month before GM began building the first Cobalts.
The report, released this week by a congressional committee investigating GM, examined both the results of the crash test and a series of laboratory simulations run by Siemens VDO to determine how the airbag sensors would respond to a loss of power. The cutoff of the sensors “appeared to be indicative of an ignition cycle,” Siemens engineer Douglas McConnell wrote.
“He concluded: “It is recommended that future severe crashes have ignition voltage and [in-vehicle network] messages monitored to determine the root cause of the … Power Off issue.”
“The document doesn’t identify the flimsy ignition switch as the culprit in the power loss. But it is significant because it shows that, before the first production Cobalt ever left the assembly plant, a GM-commissioned analysis had flagged a potential connection between a loss of power and airbags not deploying, and recommended that GM seek a root cause….”
GM Engineer Told in 2004 – Now in Charge at NHTSA
“Officials from the National Highway Traffic Safety Administration have said they did not realize that GM had designed its airbags to not deploy when the ignition was out of the “run” position….”
“The Siemens report shows that it was provided to five GM engineers, one of whom has worked for NHTSA since 2007.
“That engineer, Matthew Craig, identifies himself on LinkedIn as a former safety performance integration team leader at GM and now NHTSA’s chief of human injury research. Craig referred a request to discuss the report to a NHTSA spokeswoman, who declined comment….
“At the time the Siemens report was prepared, only one of the 13 deaths that GM now links to failed airbags caused by faulty ignition switches had occurred. The second of those fatal crashes happened three days later. Both crashes involved 2004 Saturn Ions, which used the same ignition switch as the Cobalt.
GM started production of the Cobalt in August 2004. The Siemens report wasn’t mentioned in Valukas’ report; neither were any of the five GM engineers shown as receiving it.” See article and readers comments at
Why Has NHTSA Failed?
Readers may recall that I have pointed to the NHTSA GM connections and associated, at the least, appearance of conflicts of interests to be examined in this and other failures to protect Americans from crash injuries. Dr. Matthew Craig has long held an important executive position in NHTSA. The Human Injury Research Program, that Dr. Craig is head of at NHTSA, is charged with investigation of crash injuries to determine what could be done to prevent the tragic consequences of crashes. See https://www.careforcrashvictims.com/assets/CFCV-MonthlyReport-March2014-2%20.pdf
June, 2014
Please see this brief video on consequences of crash deaths and serious injuries.http://www.nytimes.com/video/business/100000002948468/families-of-gm-victims-speak-out.html?action=click&contentCollection=Business%20Day&module=RelatedCoverage®ion=Marginalia&pgtype=article
Recognize that this is just a glimpse of tragedies that have been going on for more than a century.
Under Joan Claybrook, I had the privilege to participate in a small way in research on the effects on families of crash deaths and serious injuries in the late 1970s. That work was brought to an end under President Reagan’s anti regulatory programs that tried to kill airbags and did cripple NHTSA by cutting its staff by 33%. The reduction of NHTSA staff by 300 workers in the 1982 period has not been restored to this day more than 30 years and more than 1 million American crash deaths later. Seehttps://www.careforcrashvictims.com/effects-on-families.php
June, 2014
The NY Times has published a fine article describing some of the tragic consequences to some of the GM Recall crash victims. See http://www.nytimes.com/2014/06/23/business/gm-prepares-to-count-cost-of-suffering.html?hp&action=click&pgtype=Homepage&version=HpSum&module=first-column-region®ion=top-news&WT.nav=top-news
The NY Times article also carries insights into Ken Feinberg’s task for GM as follows:
“His past work suggests that Mr. Feinberg is likely to find anyone who has been treated in the hospital for accidents they can prove involved a defective car eligible for compensation. As a first threshold, according to those familiar with Mr. Feinberg’s deliberations, anyone whose air bags deployed will not be eligible.
But the burden of proof is likely to be less onerous than what is required in a court of law. “What they will almost certainly do is set up some simple procedure run by folks in Feinberg’s office,” said Mr. Laycock, the law professor, who has followed Mr. Feinberg’s work over the years. “It will probably be a fairly objective checklist. Did you have one of these switches in your car? What are the accidents caused by ignition switch like? Was yours like that?
“The principal purpose of this type of fund is to greatly reduce litigations costs,” he explained. “They want it very simple, very inexpensive.””
Lou