Center for Auto Safety Intervenes in VW Pollution Lawsuit – CAS Press Release


Center for Auto Safety Intervenes in VW Pollution Lawsuit – CAS Press Release

January, 2016

Dear Care for Crash Victims Community Members:

FYI here is a Release on this important case important to protecting the public health.

Lou

Center for Auto Safety Moves to Intervene in Justice Department Lawsuit Against VW

January 5, 2016

The Center for Auto Safety (CAS) filed a motion to intervene in the lawsuit filed yesterday by the Justice Department on behalf of the United States of America (US) in US District Court for the Eastern District of Michigan against Volkswagen AG, Audi AG, Porsche AG and their affiliated American companies (VW).  As a consumer group that has long worked for clean cars and improved fuel efficiency and which has the Safe Climate Campaign integrated into its structure, CAS has a strong, independent interest in this litigation and seeing that VW is held accountable for its action which have damaged VW owners and the environment.

Dan Becker, head of the Safe Climate Campaign at CAS, stated:

“It is imperative for the protection of public health that all of the VWs with defeat devices be repaired so that they stop emitting excessive pollution. VW must also take actions that will make up for the excess pollution they have already and will emit, making the atmosphere whole.  They must begin by switching from polluting diesels to truly clean automobiles such as electric vehicles.”

Clarence Ditlow, CAS Executive Director, stated:

The Clean Act provides for citizen suits and intervention. CAS has intervened in this lawsuit over VW’s unprecedented emission cheating to protect the public interest and insure that VW is held fully accountable for its actions under all applicable laws.  The US does not oppose CAS’ intervention in this lawsuit.

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CAS has a long history in working on motor vehicle fuel economy and emissions dating back to the early 1970’s. The Safe Climate Campaign, a program of CAS, is headed by Dan Becker.

CAS is represented by Hausfeld LLP, 1700 K Street NW Ste 650, Washington DC 20006, 202.540.7200.

Hausfeld is a leading global law firm with offices in Washington, DC; Philadelphia; San Francisco; Brussels; and London. The firm has a broad range of complex litigation expertise, particularly in consumer, antitrust/competition, financial services, sports and entertainment, environmental, mass torts, and human rights matters. For more information about the firm, please visit:www.hausfeld.com.

Motion to Intervene

Proposed Complaint

Clarence Ditlow

Executive Director

Center for Auto Safety

1825 Connecticut Ave NW #330

Washington DC 20009″

 

NHTSA’s Still Looking for “Root Cause” of Tragic Takata Airbag Failures


NHTSA’s Still Looking for “Root Cause” of Tragic Takata Airbag Failures

January, 2016

Dear Care for Crash Victims Community Members:

In June of 2015, I noted that NHTSA’s new Administrator Rosekind refreshingly told the truth about “root cause”. Perhaps the most important revelation at yesterday’s hearing was the refreshing truth spoken by NHTSA’s new Administrator Dr. Mark R. Rosekind.  “MARK ROSEKIND: Some factors appear to have a role, such as time and absolute humidity. The full story is not yet known and a definitive root cause has not been identified. In my recent experience as an NTSB board member and a veteran of many major transportation investigations, it may be that there is no single root cause, or the root cause may never be known.”  Seehttp://www.npr.org/2015/06/02/411533526/questions-remain-about-airbag-recall-after-takata-testifies-before-house

Now we read in the NY Times, the “root cause” still has not been determined by NHTSA.

“Rosemary Shahan, the founder of Consumers for Auto Reliability and Safety, said that regulators needed to be more forthcoming with which other cars might be at risk and that automakers needed to be more aggressive in fixing the cars.

“The people who are driving in those cars deserve to know,” Ms. Shahan said.

Although the root cause of the defect is still unknown, regulators have focused on the airbags’ propellant, which contains ammonium nitrate, a compound that breaks down over time or when it is exposed to moisture. When that happens, the ammonium nitrate can combust violently, causing the propellant’s metal casing, called an inflater, to overpressurize and rupture.

Regulators have said that Takata must prove that ammonium nitrate, which is more commonly used in large-scale applications like mining, is safe to use or it will order all airbags containing that compound to be recalled. Takata, the only major airbag manufacturer to use the ammonium nitrate propellant, has said it is safe when properly treated with a stabilizing compound.

But for now, there is no blanket recall, which Gordon Trowbridge, a spokesman for N.H.T.S.A. said could eventually affect “tens of millions” of additional vehicles.

“Many millions of these vehicles are relatively new,” Mr. Trowbridge said, “and given what we know about the role of age in degrading the ammonium nitrate propellant, are unlikely to present a rupture risk for some years.”

Mr. Trowbridge noted that the agency had prioritized the recalls — which will take years to finish — to account for models and geographic regions that pose a higher risk.

“If N.H.T.S.A. believes a vehicle presents an unreasonable risk to safety, the agency would seek a recall,” he said.”  See 

http://www.nytimes.com/2016/01/23/business/takata-airbag-death-recall.html?mabReward=CTM&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine

How many more tragedies will it take?

 

Consumer Groups Petition NHTSA For Mandatory – Not Voluntary – Safety Standards


Consumer Groups Petition NHTSA For Mandatory – Not Voluntary – Safety Standards

January, 2016

Dear Care for Crash Victims Community Members: For Immediate Release: January 13, 2016 Contact:

Joan Claybrook
202-422-6731 (mobile) Harvey Rosenfield(310) 392-0072(310) 345 8816 (mobile) Consumer Advocates Ask Auto Safety Agency to Make New Technologies Standard Equipment Urge NHTSA Not to Defer to Industry “Self Regulation” Three of the nation’s top consumer advocates today asked the National Highway Traffic Safety Administration (NHTSA) to adopt as standard equipment three new advanced safety technologies that could prevent thousands of deaths and injuries, and billions in property damage, from rear-end crashes. The formal petition by Consumer Watchdog, the Center for Auto Safety and Joan Claybrook, former NHTSA Administrator and now President Emeritus of Public Citizen, asks the agency to support Automatic Emergency Breaking, a set of three technologies that use combinations of radar, lidar (reflected laser light) and cameras to prevent collisions. • Forward Collision Warning alerts a motorist (via audio or visual signals) that a collision with a car in front is imminent. • Crash Imminent Braking intervenes when the driver does not respond to the Forward Collision Warning; it automatically applies the brakes to prevent a collision or reduce the vehicle’s speed at impact. • Dynamic Brake Support applies supplemental braking when the braking applied by the driver is insufficient to avoid a collision. The technologies are proven and have already been deployed by some auto manufacturers in higher-end vehicles, the Petition points out.  Moreover, in October NHTSA agreed to consider whether to order manufacturers to install the equipment in heavy vehicles like trucks. And just last month, the agency decided to incorporate these systems into its car rating system, the New Car Assessment Program (NCAP), so that consumers are able to determine whether which cars offer AEB as an option. “There is no reason to distinguish between the dangers posed by heavy vehicles, such as trucks, and those posed by light vehicles, such as cars,” says the Petition, authored by Harvey Rosenfield, founder of Consumer Watchdog and now counsel to the organization. And “as helpful as the rating system is when it comes to comparison shopping, a binding regulation is the only way to ensure the minimum safety of every motorist on the road, not just those who can afford the most expensive luxury vehicles.” Petition Urges NHTSA to Mandate Safety Features, Not Defer to Industry “Self-Regulation” Noting that auto manufacturers were lobbying to “‘voluntarily’ establish safety standards in place of the mandatory safety regulation requested by this Petition,” the Petition urges NHTSA to reject that approach and proceed through the formal process of adopting mandatory installation requirements for all vehicles. As the Petition explains, “voluntary agreements”: [A]re developed behind closed doors, with no public involvement; are not binding on any company or particular vehicle or model at any given time and can be unilaterally (and secretly) abandoned; cannot be enforced by any members of the public, NHTSA or any other government agency; and often do not reflect objective, scientific or empirical research. Indeed, they are typically the product of industry players seeking to maximize profit and marketing concerns at the expense of robust consumer protection, reflecting the lowest common denominator of industry practice …. As Congress said in 1966, when it created NHTSA: ‘The promotion of motor vehicle safety through voluntary standards has largely failed.’” The Petition also notes that making the safety technologies standard equipment is the only way to ensure that the technologies are rapidly and uniformly deployed and “that all motorists are protected by available safety technologies, not just those in higher income brackets.” Finally, the Petition says that the formal rulemaking process is essential to protecting “public confidence in NHTSA,” in what it notes as “a challenging era” for the agency. Now is not the time to permit the automobile industry to regulate itself. With the record number of vehicle recalls in recent years; the Volkswagen and Hyundai fuel economy scandals; and the extraordinarily rapid introduction of new vehicle automation technologies, some of which pose independent and unprecedented social and safety concerns, it is more important than ever that NHTSA proceed through the legal rulemaking process, with its guarantees of science-based decision-making, due process and disclosure. This is the only way to assure public confidence in the agency’s actions.

 

Update: A Judicial Victory Against Chrysler For Public Safety, Accountability & Transparency


Update: A Judicial Victory Against Chrysler For Public Safety, Accountability & Transparency

January, 2016

Dear Care for Crash Victims Community Members:

A mother (and lawyer) who lost two daughters in a tragic crash and went on to be an effective safety advocate has written us as follows about this court decision:“This is huge!    For so long now, industry has used the settlement/confidentiality to cover up for all types of corporate crimes.    I hope the circuit court’s decision isn’t appealed.   From my own personal experience both at trial, and in the legislative process, industry always argues, as they did in our case, that our tragedy was an isolated case, passing the ball off to safety advocates to find cases.   Not many have the resources or attorneys that can withstand the war of attrition that exists in lawsuits against corporate defendants.    Most settle, and their records are sealed.   This will certainly give the corporate defendants pause in their legal tactics.”

See latest article about Ms. Cally Houck’s story, her achievements, and efforts that continue to this day.  Seehttp://www.latimes.com/politics/la-pol-ca-cally-houck-rental-car-law-20151221-story.html 

The article on the Judicial Victory that Ms. Houck was commenting on in Corporate Crime Reporter follows:

“Corporation conceals deadly defect. Someone dies, and their family sues. Corporation settles quietly. Court records are sealed. Nobody finds out.

Jennifer Bennett Public Justice

Jennifer Bennett Public Justice

More people are hurt. More people sue. More settlements are reached. More records are sealed.

“This is how GM was able to hide an ignition switch defect that killed over a hundred people for more than a decade,” says Jennifer Bennett, an attorney with Public Justice in Oakland, California.  “It’s how Remington concealed evidence that its most popular rifle can fire without anyone pulling the trigger.”

But because of a Ninth Circuit decision handed down in Velasco v. Chrysler, “it is now much harder for corporations to enlist courts in keeping their secrets,” Bennett says.”

– See more at:

http://www.corporatecrimereporter.com/news/200/ninth-circuit-hands-safety-advocates-victory-over-chrysler/

Thanks to Clarence Ditlow and the Center for Auto Safety the Court decision is attached.
It takes a lot of people, time, and effort to make safety progress.

Lou

 

From Depths of Tragedy To Hopes For Safety


From Depths of Tragedy To Hopes For Safety

January, 2016

Dear Care for Crash Victims Community Members:

Please see video on what even children understand and feel.http://annaleahmary.com/2015/12/give-1-for-iihs-crash-tests-on-5516-3-yrs-1-day-after-our-deadly-underride-crash/

Please don’t miss this video.  Please share it.

Lou

 

DOT and Auto Industry To Announce Agreement


DOT and Auto Industry To Announce Agreement

January, 2016

Dear Care for Crash Victims Community Members:

An excellent article by David Shepardson reveals a “Titanic” agreement between government and the auto industry to be announced at the Detroit Auto Show.

“The U.S. government and a group of global automakers are set to unveil a voluntary agreement at the Detroit auto show on Friday aimed at improving auto industry safety and spurring culture changes, according to company and government officials.

The accord could set the framework for further discussions on safety reforms and mark a new era of cooperation between automakers and regulators after a record-setting year of safety fines, recalls and investigations into malfunctioning vehicles made by General Motors Co (GM.N), Fiat Chrysler Automobiles NV (FCAU.N), Honda Motor Co (7267.T) and others.

But it stops short of what many safety advocates have urged Congress and the National Highway Traffic Safety Administration (NHTSA) to adopt: new binding legal requirements to toughen safety rules. And automakers may be able to raise the voluntary agreement to argue against future proposed regulations, saying the accord makes legally binding rules unnecessary….”  

NHTSA Administrator Mark Rosekind said on Monday in an interview on the sidelines of the Detroit show that the agency cannot make vehicles safe simply by imposing new regulations and handing down fines. He said he hoped a deal would be announced Friday.

“We’re going to have to find new tools – that means new collaborations, new partnerships,” Rosekind said.

But the voluntary agreement will not be enforceable – and is not as tough as what some safety advocates have called for. With only a year remaining in the Obama administration, there is a shrinking window to complete new legally binding auto safety rules.”  See http://www.reuters.com/article/us-autoshow-detroit-safety-idUSKCN0UP2EG20160112

How many will die?

When the Titanic sunk in 1912, it had 2,227 people on board but lifeboats for only 980 people.  1,500 people died.  The lifeboat standard was not enough. Seehttp://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1058&context=cong

When government and industry get together and fail to protect, the people perish.  How many Americans will perish as a result of this NHTSA Industry agreement?

Since vehicle violence currently results in about 100 deaths, 400 serious injuries, costing about $2 billion each average day in the U.S.A. today, the number will be Titanic.