Blog Archives - Page 64 of 115 - Care For Crash Victims

Despite Polls FOR Safety, Pols Work AGAINST Safety

November, 2015

Dear Care for Crash Victims Community Members:

1. Crash Victims Work for and Petition for Safety:

A petition was created by Cally Houck, a mother who tragically lost two daughters in a vehicle rented with a fatal defect. The petition has nearly 200,000 signatures. See it and sign it athttps://www.change.org/p/rep-fred-upton-repfredupton-support-the-raechel-and-jacqueline-houck-safe-rental-car-act/u/14185894?tk=xVc2ho2_rEqAkesIy2EqfzySNIALRTidGVefwG5roFQ&utm_source=petition_update&utm_medium=email

2. Polls Show Support FOR Safety:

NEW POLL FINDS AMERICANS ACROSS ALL SOCIO-ECONOMIC INDICATORS AND POLITICAL PARTIES SUPPORT SAFETY POSITIONS ON ISSUES NOW BEFORE CONGRESS

>> Support Criminal Penalties for Corporate Auto and Equipment Executives who Cover Up Dangerous Safety Defects

>> Support Car Dealers Being Required to Repair Recalled Used and Loaner Cars Before Consumers Drive Away

>> Oppose Teen Truck and Bus Drivers in Interstate Traffic and

>> Oppose Oversized Double Trailer Trucks on Our Nation’s Roads and Highways

Washington, D.C. (November 17, 2015) – Right now, Members of the House and Senate are racing to finish negotiations on a multi-billion dollar six-year surface transportation bill, known as the DRIVE Act (H.R. 22) and the annual spending bill for the U.S. Department of Transportation (DOT)(H.R. 3488). These critically important bills not only will set transportation policies and funding levels for the construction and repair of highways, bridges and transit systems but they will also have a deadly impact on safety if changes are not made. Decisions about how safe or how dangerous our roads and highways will be are being made this week. Even though the bills will be paid for by taxpayers, anti-safety special interests aided by their friends in Congress have succeeded in carving corporate earmarks, industry giveaways and special exemptions from safety rules, all at the expense of public safety.

Advocates for Highway and Auto Safety (Advocates) commissioned a public opinion poll to gauge public support and opposition for a few of the critical motor vehicle and motor carrier safety issues at stake in the DRIVE Act and transportation appropriations bill. The poll was taken this past weekend and shows very strong levels of public support for safety positions across all categories including age, gender, religion, race, income, education and political party affiliation. Below is a summary of the poll findings. The complete findings of the poll are available at www.saferoads.org.

3. Some Officials Work AGAINST Safety

“WASHINGTON — Buried deep within a massive transportation bill that passed the House of Representatives is a little-noticed provision that won’t have much effect on highway projects, but is of great interest to automobile dealers.

The provision, an amendment offered just before midnight on Nov. 11, would allow dealers to rent or loan out vehicles even if they are subject to safety recalls. Rental car companies, meanwhile, don’t get the same treatment under the proposed law.

In essence, the amendment would allow an auto dealer to loan you a vehicle under active recall while you are getting your own fixed for the same defect.

The man who offered the amendment is no stranger to car dealerships. In fact, that’s his business. U.S. Rep.Roger Williams, R-Austin, sponsored the amendment. In introducing it on the floor of the House, he noted, “I am a second-generation auto dealer. I have been in the industry most of my life. I know it well.”

The possibility that his action might be considered a conflict of interest was apparently not on his mind, though it certainly occurred to others.”

See http://www.texastribune.org/2015/11/18/roger-williams-faces-questions-auto-dealer-provisi/

Lou

Purposes of Tort Law Missed by Judge in GM Ignition Switch Coverup

November, 2015

Dear Care for Crash Victims Community Members:

Ralph Nader describes three purposes of Tort Law:“the three purposes of tort law. One is to compensate people for their injuries; the second is to disclose facts so the press picks up and publicizes the story alerting people about what to avoid, how to shop, and what their rights are; and the third is deterrence so other companies or other providers or vendors get the idea that maybe it’s better—and cheaper—to be safe than unsafe with your customers.” Seehttp://parade.com/439904/m-b-roberts/ralph-nader-on-lawsuits-you-never-have-enough-cases/

An Insurance Journal article describes a ruling by Judge Furman as follows:

“General Motors Co. and its law firm need not turn over privileged documents to drivers hoping to show that the automaker intended to commit a crime or fraud by concealing defective ignition switches in their vehicles, a Manhattan federal judge ruled on Nov. 25.

Despite finding “probable cause” to believe GM committed a crime or fraud by hiding the defect from regulators and the public, U.S. District Judge Jesse Furman found no showing that the automaker and King & Spalding produced the documents with an intent to further such misconduct.

Most of the documents related to the law firm’s advice from 2010 to 2013 on three crashes involving Chevrolet Cobalts. Vehicle owners said the deception justified a waiver of attorney-client privilege.

“Put simply, plaintiffs do not provide a factual basis for a good faith belief that the communications and work product they seek – let alone any particular communications or work product they seek – were made with the intent to further a crime or fraud,” Furman wrote.” Seehttp://www.insurancejournal.com/news/national/2015/11/30/390286.htm

You be the judge. Did Judge Furman meet the three tests? Compensation? Disclosure? Deterrence?

Who is Judge Furman?

“Furman’s brother Jason Furman serves as an economic adviser to President Barack Obama.[5]”

See https://en.wikipedia.org/wiki/Jesse_M._Furman

Should Judge Furman have ruled differently for crash victims past, present, and future? Will there be more victims? Less compensation? Less deterrence?

You be the Jury in the Court of Public Opinion.

WANTED

November, 2015

Dear Care for Crash Victims Community Members:

What if people created WANTED posters for members of Congress that place Deadly Loopholes in safety legislation that predictably will cause deaths to Americans?

WANTED posters have a long American history. See https://en.wikipedia.org/wiki/Wanted_poster

See the latest outrage and help get signatures on the petition by the mother who lost two daughters in an unrepaired defective rental vehicle.

https://www.change.org/p/rep-fred-upton-repfredupton-support-the-raechel-and-jacqueline-houck-safe-rental-car-act/u/14319774

* The great state of Texas had the highest number of crash fatalities in the U.S.A. – 3,382 deaths in 2013.

* Texas had one of the worst rates of percent of crash deaths (64%) that were not taken to any medical facility for treatment in 2013. See attached ranking of states. The legislation presently before Congress has many outrageous anti-safety provisions. See

Statement of Jackie Gillan, President

Advocates for Highway and Auto Safety

Statement on Release of New Study, “Unclogging America’s Arteries 2015”

November 23, 2015

Today, the American Highway Users Alliance released a new study, “Unclogging America’s Arteries 2015, Prescriptions for Healthier Highways.” Advocates for Highway and Auto Safety (Advocates) supports efforts to promote healthier highways and reduce congestion. Solving roadway bottlenecks involves adequate funding but also advancing laws, policies and programs to reduce highway crashes. A major source of roadway congestion is slowed or stopped traffic when a crash occurs. Serious truck and car crashes often result in deaths and injuries that require the immediate assistance of emergency responders on the scene, shutting down or re-routing traffic, and causing hours of delay for all motorists.

This is the reason our organization and coalition partners are deeply concerned about the anti-safety rollbacks and attacks contained in the DRIVE Act, H.R. 22, now being negotiated in a conference with House and Senate Members. In 2013, the most recent year final figures are available, there were nearly 5.7 million police-reported crashes across the United States resulting in 32,719 fatalities and over 2 million injuries. Early estimates from the National Highway Traffic Safety Administration (NHTSA) predict a 9.5% increase in crash fatalities for the first quarter of 2015, compared to the first quarter of 2014 projections. These crashes come with an annual cost of $836 billion, amounting to a “crash tax” of approximately $2,600 for every person in the United States. Congestion caused by crashes, including travel delay, excess fuel consumption, greenhouse gases and criteria pollutants totaled $28 billion (NHTSA). To make our roads truly “healthier,” we need Congress to advance safety laws and policies that will address the economic and emotional costs of crashes as they deliberate over the DRIVE Act.

Unfortunately, both the House and Senate versions of the DRIVE Act ignore available solutions that will prevent crashes and instead, include provisions that will set back safety. For example, both bills include a provision that will allow teen truck and bus drivers to get behind the wheel of an 80,000 big rig or passenger-carrying bus and operate in interstate commerce despite overwhelming public opposition and compelling research showing the unacceptable high crash risk of young drivers. A public opinion poll released last week shows that 77% of the public opposes this proposal (conducted by ORC International). Additionally, there is a lethal loophole in the bill that will allow car dealerships to provide loaner or rental cars to consumers even though they have safety recalls that have not been fixed. The public resoundingly rejects this idea, with 86% of the public opposing.

Furthermore, the bills provide exemptions from federal rules on the limits of working hours for truck driver hours and truck size and weights for certain industries such as logging, ready mix concrete, dairy and construction materials. It is time for Congress to get serious about reducing the growing carnage on our roads and highways especially when we have commonsense and cost-effective solutions at hand. To seriously unclog our nation’s arteries and achieve healthier highways, Congress needs to listen to the public, not to trucking and auto interests that prescribe remedies that jeopardize public safety.

Congress has failed to protect Americans for way too long. See

https://www.careforcrashvictims.com/assets/MonthlyReportforJuly2015final.pdf

A mapping tool, free to the public, provides crash fatalities by Congressional district for the years 2004 – 2013. Available at https://www.careforcrashvictims.com/CrashDeathMappingTools.php

There you will see that in 2013, in the district currently “represented” by car dealer Roger Williams there were about 2 crash deaths per week.

Heck of a job!

A Safety Victory

November, 2015

FOR IMMEDIATE RELEASE

November 18, 2015

Contact:

Ryan Taylor (Wicker), 202-224-6253

Dean Lieberman (Feinstein), 202-224-9629

Senate Votes to Remove Bigger Trucks Mandate From Transportation Appropriations Bill

Sens. Wicker, Feinstein Successful Again in Putting Chamber on Record Opposing Longer Double Trucks

WASHINGTON – The Senate today voted in favor of an amendment offered by U.S. Senators Roger Wicker, R-Miss., and Dianne Feinstein, D-Calif., to remove a federal mandate from the Transportation and Housing and Urban Development appropriations bill, H.R. 2577, that would force states to allow large trucks to pull double 33-foot trailers. The Wicker-Feinstein amendment was adopted by a voice vote.

“A recent independent poll revealed that 77 percent of Americans oppose twin 33-foot trailer trucks on the nation’s highways and byways,” Wicker said. “The Senate stands with this overwhelming majority and with the 38 states who have said ‘no’ to these longer double trailers. This is a victory for public safety, states’ rights, and hard-working taxpayers.”

“Allowing the monstrous twin-33 trucks on our highways without a full understanding of the safety implications would be irresponsible and dangerous,” Feinstein said. “In my view, such a sweeping change runs counter to all notions of public safety and has no place in an appropriations bill. Senator Wicker and I were successful in stripping the language from the transportation funding bill on the floor today. Under our amendment, the Department of Transportation must complete a safety study before any changes to truck length are considered. This is a big win for public safety. I thank the coalition of law enforcement, victims groups, unions and the trucking industry that came together and said no to bigger, more dangerous trucks.”

For the second time in as many weeks, the Senate has gone on record opposing this federal mandate. Last week, the Senate passed a motion to instruct conferees on the highway reauthorization bill that also sought to remove the mandate.

Earlier this year, the Senate Appropriations Committee approved an amendment to the transportation funding bill requiring states to allow trucks with two 33-foot trailers on their highways. A tractor trailer with two 33-foot trailers measures approximately 91 feet in total length – equivalent to an 8-story office building. Currently, 38 states do not allow these longer trucks to operate within their jurisdictions. One study estimates that twin 33s would put more wear and tear on our nation’s roads, adding $1.2 billion to $1.8 billion in maintenance costs per year.

When the committee considered the measure, the Department of Transportation (DOT) advised that there is currently not enough data to draw firm conclusions on the safety implications of double 33-foot trailers. DOT recommended that no changes to truck size be considered at this time.

Specifically, the Wicker-Feinstein amendment would require DOT to complete a comprehensive safety study before longer trucks are permitted on highways. It would also require the agency to conduct a formal rulemaking process with public notice and comment period.

Groups supporting the Wicker-Feinstein amendment opposing twin 33-foot trailers include Advocates for Highway and Auto Safety, the American Automobile Association, the Teamsters Union, the Truckload Carriers Association, the Coalition Against Bigger Trucks,several state trucking associations, the National Troopers Coalition, and other law enforcement associations throughout the country.

Center for Auto Safety Sues VW & Audi Over Pollution Violations

October, 2015

Dear Care for Crash Victims Community Members:

Here’s a way to get some health safety from harmful air pollutants and some justice for past injurious pollutants we are being forced to breathe.

See Media Release below:

October 19, 2015

Center for Auto Safety Sues Volkswagen & Audi Over Emission Violations Using Defeat Devices

The Center for Auto Safety (CAS) sued Volkswagen AG, Audi AG, et al in US District Court for the Eastern District of Virginia. Unlike the numerous private class actions filed across the country that seek consumer damages over VW’s use of sophisticated computer software to cheat on emission tests run by the US EPA and CARB, CAS’ lawsuit seeks injunctive relief:

To remediate the environmental harm caused by VW’s emissions relief,
To appoint an independent organization to monitor VW’s compliance with state and federal laws as well as other relief granted in this lawsuit,
To order VW to pay a portion of its annual net profits into an independent fund administered by third parties to non-profit organization to offset the environmental damage.
To order such other relief as may be just and proper.

CAS Executive Director Clarence Ditlow said:

CAS has sued VW and Audi because they committed an unprecedented corporate crime and fraud on the public that requires injunctive relief to remedy the harm caused by their violations of state and federal environmental and consumer protection laws. Class actions and government enforcement actions result in headlines, penalties and settlements that do nothing to change underlying corporate behavior or remediate the underlying damage caused by illegal behavior. The independent monitors and auditors sanctioned by the Justice Department and federal agencies are nothing more than corporate law firms and employees who all too willing to sign off on the behavior of their employers in documents filled with withheld redactions. When so-called independent funds are set up as was done in the Toyota Unintended Acceleration class action, they go to auto company designed programs that benefit the auto maker, not the consumer.

CAS will use its integrity and skills acquired through 45 years of battling the auto industry to ensure that this litigation will reform VW and Audi once and for all and set a precedent for all other auto companies in the future.

# # #

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 headed by Dan Becker is a program of CAS. 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.

Center for Auto Safety v. Volkswagen – Complaint

Volkswagen Emissions Defeat Devices Violate EPA Emissions Rules

Clarence Ditlow

Executive Director

Center for Auto Safety

1825 Connecticut Ave NW #330

Washington DC 20009

“Cheating” Auto Companies Circle Their Wagons On Government Emission Testing

October, 2015

Dear Care for Crash Victims Community Members:

“Cheating” is too weak a word to describe poisoning people for more than 4 decades by big auto and government policies.

This is a much bigger problem than is widely known.

The NY Times reports:

LONDON — Despite the cloud cast by the Volkswagen scandal, automakers are proposing that they be allowed a 70 percent increase in the nitrogen oxides their cars emit, unreleased documents show, as part of new European pollution tests.

Under the new plan, cars in Europe would for the first time be tested on the road, using portable monitoring equipment, in addition to laboratory testing.

The automakers, which include Volkswagen, General Motors, Daimler, BMW, Toyota, Renault, PSA Peugeot Citroën, Ford and Hyundai, are essentially conceding what outside groups have said for some time — that the industry cannot meet pollution regulations when cars are taken out of testing laboratories. The move is occurring as Volkswagen, the world’s largest automaker, grapples with fallout from the discovery that 11 million of its vehicles were equipped with software meant to cheat emissions tests.

Tests of car emissions required in the United States and Europe take place in laboratories, where vehicles are run through drills on a dynamometer, which is the automotive equivalent of a treadmill. Automakers have found ways to cheat the tests since emissions were first regulated in the early 1970s. Seehttp://www.nytimes.com/2015/10/03/business/automakers-ask-europe-for-leniency-in-emissions-testing.html?emc=edit_tnt_20151002&nlid=37926955&tntemail0=y&_r=0

Disclosure:

In the 1971 I blew the whistle on EPA changes in the emission test procedures to favor auto makers. I was fired and sued the National Academy of Sciences for access to information supporting my arguments. Judge Sirica and judges up to the Supreme Court ruled against me denying me access to the documents. See https://www.careforcrashvictims.com/assets/EPA-Whistle-Blow.pdf

Decades later the Nixon Tapes revealed what I did not know at the time. In April 1971, Henry Ford II and Lee Iacocca met with Nixon in the White House and pressed for relief on emission standards and had already met with EPA Administrator Ruckelshaus to change emission test procedures. See https://www.careforcrashvictims.com/assets/Nixon-Transcriptions.pdf

For more on history of emissions by companies and government failures to protect people, see the Center for Auto Safety statement:“The only way to change auto company behavior is to put the responsible executives in jail. After a flagrant pattern across the auto industry of violating US health and safety laws, the Center for Auto Safety calls on the Justice Department to move to put the responsible VW executives behind bars as it just did with peanut butter manufacturers.” Seehttp://www.autosafety.org/volkswagen-emissions-defeat-devices-violate-epa-emissions-rules

I am sorry to say that history teaches that we also have to hold government officials in all agencies and branches of government to the same standards of accountability.

Lou

FCA Wants To Buy Employees and Families Constitutional Right To Trial By Jury – Cheap

October, 2015

Dear Care for Crash Victims Community Members: The LA Times reports:“Each of Detroit’s Big Three automakers offer a discount on new vehicles for employees, their families and friends.

But only one, Fiat Chrysler, requires that those using the discount give up their constitutional right to a jury trial in return for a few hundred bucks in savings.

“It’s like they’re doing you a favor and, by the way, they’re taking away your right to sue,” said Rosemary Shahan, president of the Sacramento advocacy group Consumers for Auto Reliability and Safety. “This discount is like the piece of cheese on the trap that kills the mouse.”

See http://www.latimes.com/business/la-fi-lazarus-20151016-column.html

How low can FCA go?