Category: Blog

Advocates Press Release on 50th Anniversary of Safety Laws Sept 9th

Dear Care for Crash Victims Community Members:

Watch for how many of the media give their readers and viewers information on this continuing tragic problem life or death importance.

Watch for how the media conveys the facts that every day in the U.S.A. today an average of 100 Americans lose their lives and 400 suffer serious injuries due to vehicle violence.

The Release follows:cid:image001.png@01D03A1C.727E27B0

 

 

 

 

 

FOR IMMEDIATE RELEASE: September 8, 2016                                                          

Contact: Allison Kennedy, 202-408-1711, akennedy@saferoads.org

MEDIA ADVISORY

 

TOMORROW, SEPTEMBER 9, MARKS THE 50th ANNIVERSARY OF

THE NATIONAL TRAFFIC AND MOTOR VEHICLE SAFETY ACT AND

THE HIGHWAY SAFETY ACT

 

Safety Standards, Programs and Interventions are More Important Now than Ever as Recently Released 2015 Traffic Fatality Data Shows

Largest Percentage Increase in Deaths in Nearly 50 Years

On September 9, 1966, the National Traffic and Motor Vehicle Safety Act and the Highway Safety Act were signed into law by President Lyndon B. Johnson (photo and statement available here). These laws were an important step in curbing needless deaths and injuries on our roads and highways from motor vehicle crashes. Enactment of the laws resulted in the establishment of safety standards, a coordinated national highway safety program and the creation of the National Highway Traffic Safety Administration (NHTSA). The agency was first led by Dr. William Haddon, a physician and leading expert on crash research and prevention. In 1966, when the bills were signed into law, over 50,000 people were killed in motor vehicle crashes.

During President Johnson’s 1966 State of the Union address, he urged that the highway safety agency be created.  Both bills passed Congress with nearly unanimous votes.  For the first time in history, the federal government took a proactive role in setting uniform motor vehicle safety standards, highway safety requirements and other safety measures.

Since this lifesaving agency was created, the fatality toll has steadily decreased with some ups and downs in the number.  Laws and programs administered by NHTSA are estimated to have saved over 453,000 lives since 1975.[1]

However, there is still a major unfinished safety agenda and the new 2015 data clearly indicates that motor vehicle crashes continue to be a serious and significant public health and safety problem. Research and experience have shown that uniform vehicle safety standards and strong traffic safety laws save lives. For example, in 2015 almost 14,000 lives were saved by seatbelts for passengers five years of age and older. Further, electronic stability control saved almost 1,600 lives in 2014, and last year frontal airbags saved more than 2,500 lives. Advocates for Highway and Auto Safety (Advocates) urges all states to pass laws that will reduce the death and injury toll on our streets and highways. The 2016 Roadmap of State Highway Safety Laws, published annually by Advocates, identifies more than 300 laws necessary for all states to adequately protect motorists. The report can be found online at www.saferoads.org.

Joan Claybrook, the fifth Administrator of the National Highway Traffic Safety Administration during the Carter Administration and Consumer Co-Chair of Advocates for Highway and Auto Safety, is available for interviews. She attended the bill signing ceremony in 1966 and can be reached at:  (202) 364-8755.  Please also contact Advocates for further information and interviews.

###

[1] Traffic Safety Facts 2014: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System, NHTSA, DOT HS 812 261.

[1] Traffic Safety Facts 2014: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System, NHTSA, DOT HS 812 261.

Lou Lombardo

Billion Dollar Rico Suit Against State Farm Insurance

Dear Care for Crash Victims Community Members:

Excellent article on decision in class action involving money and corruption allegations reveals problems in the justice system.

“Plaintiffs’ attorneys alleging that State Farm Mutual Automobile Insurance Co. bought off an Illinois Supreme Court justice to evade a $1.05 billion award have cleared a major hurdle in their long-running litigation against the insurer.

In an order Friday, U.S. District Judge David Herndon of the Southern District of Illinois granted a motion certifying a class of roughly 4.7 million auto insurance policyholders who were allegedly deprived of their 1999 trial court victory against State Farm.

Herndon found that the alleged fixing of the state Supreme Court decision affected all the proposed class members uniformly, and that the named plaintiffs and their attorneys otherwise satisfied court rules around class actions.

“[T]he injury in this case is based on the interest the plaintiffs and the proposed class members had in a neutral forum and the damages correspond with the undivided interest in the judgment each lost as a result of the tainted tribunal,” the judge wrote. “This issue is identical for all plaintiffs and class members.”

The suit alleges violations of the Racketeering Influenced and Corrupt Organizations Act and could put State Farm on the hook for more than $7.6 billion because of interest that has accrued on the original jury award, according to plaintiffs lawyers….

According to the complaint, filed in 2012, the state high court’s decision reversing the judgement was unfairly influenced by Justice Lloyd Karmeier, who State Farm and its agents worked to elect during a campaign in 2003 and 2004. Karmeier’s campaign received at least $4 million from the insurer and individuals connected to it, plaintiffs allege.

Illinois’ Supreme Court has seven justices, and the decision at issue was not authored by Karmeier. It won the support of four justices, with two issuing a dissent that still concurred on key holdings, and another abstaining. The court reversed the award against State Farm on the grounds that certification of a nationwide class of policyholders was improper, among other things.

On Monday, Karmeier was named Illinois chief justice, after being unanimously elected to that post by his fellow state supreme court justices, the court said in a press release.” 

See  http://www.nationallawjournal.com/id=1202767758973/State-Farm-Must-Face-7B-RICO-Class-Action-Judge-Rules?mcode=1202617074964&curindex=1&slreturn=20160820072629

—

____________________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
—

____________________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
—

____________________Lou Lombardowww.CareForCrashVictims.com

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
—

____________________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?

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
—

____________________Lou Lombardowww.CareForCrashVictims.com