Legal Loopholes Big Enough To Allow Crash Deaths Without End or Punishment

Legal Loopholes Big Enough To Allow Crash Deaths Without End or Punishment

July, 2015

Dear Care for Crash Victims Community Members:

The NY Times reports:“From the factory floor to the corporate suite, employees at General Motors saw indications of a deadly ignition defect and failed to disclose the problem to the government.

Yet even now that prosecutors are closing in on a criminal case against the automaker, their effort to charge individual employees at the center of the case has hit an obstacle: legal loopholes that the auto industry helped create.”  See http://www.nytimes.com/2015/07/20/business/laws-hinder-prosecutors-in-charging-gm-employees-in-ignition-defect.html?_r=0

The LA Times in an article “Auto Companies Stay Cozy in U.S. Capital” asked the question:“But when business gets its say on Capitol Hill and the White House too, what’s the ordinary person to do?”  Seehttp://articles.latimes.com/2014/jan/26/business/la-fi-hiltzik-20140126

The successful strategy followed by the auto industry since at least 1971 is laid out in the Lewis Powell memo.  See http://reclaimdemocracy.org/powell_memo_lewis/

As an ordinary person, I tried to identify at least some of the people that were in responsible positions during the period after the selection of George W. Bush as President in 2000.  See https://www.careforcrashvictims.com/assets/CFCV-MonthlyReport-March2014.pdf
We ordinary citizens must do more as voters, researchers, and consumers to protect against motor vehicle deaths and injuries.
Lou

 

 

Takata Says No to Crash Victims Compensation Fund


Takata Says No to Crash Victims Compensation Fund

July, 2015

Dear Care for Crash Victims Community Members:
The NY Times reports:

“Still, Rich Newsome, who represents eight people who claim to have been injured by faulty Takata airbags, said he would prefer to work outside any compensation fund, because such funds can result in less-than-transparent allocation of damages to victims.

He also said that legal action against Takata was necessary to force the supplier to disclose more details on its handling of the defect.

“If you have a compensation fund, it’s not going to give you that opportunity to really understand what happened, and to really understand the scope of potential safety problems for the public,” Mr. Newsome said. “You need litigation for that. You need to be able to put people under oath.”

See http://www.nytimes.com/2015/07/10/business/takata-says-no-to-fund-for-victims.html?hpw&rref=automobiles&action=click&pgtype=Homepage&module=well-region&region=bottom-well&WT.nav=bottom-well&_r=0

 

Sen. Thune, Safety, Money, and Lives Lost


Sen. Thune, Safety, Money, and Lives Lost

July, 2015

Dear Care for Crash Victims Community Members:

Google reports: that the Sioux Falls Argus Leader published an article critical of Sen. Thune’s Transportation bill as follows:

Critics chide John Thune’s transportation bill

Sioux Falls Argus Leader
WASHINGTON – Consumer, public health and auto safety groups are criticizing Republican Sen. John Thune of South Dakota for pushing a …

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Here is the story and link:

http://www.argusleader.com/story/news/politics/2015/07/22/critics-chide-john-thunes-transportation-bill/30540767/
Critics chide John Thune’s transportation bill

Emily Spartz / Argus Leader
File photo of I-29 near the Vermillion exit less

WASHINGTON – Consumer, public health and auto safety groups are criticizing Republican Sen. John Thune of South Dakota for pushing a transportation proposal they say lacks necessary safety reforms and would put motorists at greater risk of injury or death.

The legislation, part of a broader six-year highway bill the Senate is debating this week, was approved July 15 by the Senate Commerce, Science and Transportation Committee without Democratic support. Thune chairs the powerful Senate committee.

Advocates for Highway and Auto Safety, Citizens for Reliable and Safe Highways and other critics say the proposal lacks key safety measures and would roll back numerous necessary laws.

They point to provisions that would remove from public scrutiny certain safety rating information about motor coach carriers, and would allow drivers as young as 18 to drive big rigs. They also say the proposal doesn’t do enough to hold vehicle makers accountable for defects and recalls.

“He’s making it unsafe for everybody in South Dakota and around the country,” Jim Abourezk, a former Democratic lawmaker who represented South Dakota in the U.S. House and Senate during the 1970s, said of Thune. “I don’t know if he realizes that people need the government to keep them safe, especially on highway safety. If we can get enough public pressure on Thune, of course it will change, and he’ll lay off (these issues).”

GOP leaders in the House have yet to decide if they will take up the Senate bill or craft their own, leaving Abourezk and others optimistic they can roll back some of the measures.

Senate photo

Sen. John Thune

Thune didn’t specifically address the individual proposals drawing criticism, but he has defended the overall legislation, saying it includes “critical regulatory reforms.” He said it would improve safety on roads by giving more money to the National Highway Traffic Safety Administration and imposing tougher penalties for auto safety violations.

“This legislation not only funds highway projects but also puts important safety enhancements and some common-sense regulatory changes in place,” said Thune. “Since we first introduced our bill, we’ve had a lot of input. We’ve explained why certain provisions are important, and have also made changes to increase support and address some concerns.”

Emily Wanless, a political science professor at Augustana College, said the complaints targeting Thune are probably “politics as usual.” She said under Thune’s watch, the Senate panel has been largely bipartisan and has avoided some of the gridlock facing other committees.

“The fact that they are getting stuff through gives people an opportunity to discuss these issues and criticize these issues,” she said.

Contact Christopher Doering atcdoering@gannett.com or reach him at Twitter: @cdoering

Lou

 

The letter should be placed in a sealed envelope marked “confidential.”


The letter should be placed in a sealed envelope marked “confidential.”

July, 2015

Dear Care for Crash Victims Community Members:

The NY Times reports:

“The transportation funding bill is the last viable chance for the current Congress to pass auto safety reform, aides on both sides say. As a result, lawmakers vied during the meeting to attach auto safety provisions to it — a common tactic for passing legislation that had otherwise stalled.

But one after another, Democratic senators’ proposals were defeated. The exception was a measure to ban rental companies from renting cars with unrepaired safety recalls. Still, a similar proposal to prevent used-car dealers from doing the same failed on a party-line vote. (The committee’s chairman, John Thune, Republican of South Dakota, said that banning used-car dealers from selling recalled cars “could have unintended consequences,” like complicating trade-ins.)

As for making it a specific crime to knowingly conceal information on safety defects, that, too, failed. Three Democrats — Claire McCaskill of Missouri, Gary Peters of Michigan and Joe Manchin of West Virginia — joined the Republican majority in blocking it.

The auto industry resisted what it said was “criminalizing the business of manufacturing” in a document that auto lobbyists circulated to lawmakers before Wednesday’s meeting. (The lack of criminal statutes has complicated efforts by federal prosecutors to bring charges against individual employees at General Motors over the cover-up of faulty ignition switches.)”  

Mr. Thune tried to highlight several auto provisions that made the cut, like the increase in the civil fine maximum to $70 million, an increase in certain funding and the rental car proposal.

But most Democrats, irritated by what they said was a lack of any real negotiating, were having none of it as the meeting concluded. Senator Maria Cantwell, Democrat of Washington, said the group was “breaking a long tradition” of committee bipartisanship on safety issues.”  See 

http://www.nytimes.com/2015/07/20/business/senate-committees-no-vote-incenses-lawmakers-seeking-auto-safety-reforms.html?action=click&contentCollection=Business%20Day&module=RelatedCoverage&region=Marginalia&pgtype=article

For  crash fatality statistics for a decade by State and Congressional district see: https://www.careforcrashvictims.com/CrashDeathMappingTools.php 

 

Dangers for Decades – American Tragedies Without End


Dangers for Decades – American Tragedies Without End

July, 2015

Dear Care for Crash Victims Community Members:

Safety Advocates are trying to bridge a political deadly divide and need all the help possible.

Please see the July 2015 Monthly Report attached with data and documents to hopefully help bring safety and sanity to American policy.

Sincerely,

Lou

 

NHTSA To Fine Fiat Chrysler – Is It Enough?


NHTSA To Fine Fiat Chrysler – Is It Enough?

July, 2015

Dear Care for Crash Victims Community Members:

The NY Times reports:

“DETROIT — In their most aggressive crackdown yet on auto safety, federal regulators on Sundaylevied a record penalty of $105 million against Fiat Chrysler Automobiles for failing to complete 23 safety recalls covering more than 11 million vehicles.

The civil penalty is the largest ever imposed by the National Highway Traffic Safety Administration on an automaker for recall violations, surpassing the $70 million fine imposed last year on Honda for faulty airbags.

It also represents an escalation of the agency’s efforts to investigate and punish automakers that do not adequately recall and fix defective models….

The agency has come under harsh criticism in Congress and by the Transportation Department’s inspector general for lax enforcement of auto safety regulations.

The agency is overhauling its internal operations, as well as stepping up its investigations of individual car companies….

“When you have a horrible tragedy, honestly, that’s what triggers big change,” he (current NHTSA Administrator Dr. Mark R. Rosekind) said.

In Fiat Chrysler’s case, this month the government took the unusual step of holding a public hearing to focus on 23 separate recalls that date back to 2009. At the hearing, federal officials said the company had repeatedly failed to notify consumers of recalls and to complete repairs in a timely fashion….

One auto safety advocate said on Sunday that the financial penalties imposed on Fiat Chrysler should have been higher, given the scope of the automaker’s violations.

“The $105 million fine shows the need for an uncapped penalty,” said Clarence Ditlow, an official of theCenter for Auto Safety who first petitioned the government to investigate the rear-mounted fuel tanks in Jeeps.  See

http://www.nytimes.com/2015/07/27/business/fiat-chrysler-faces-record-105-million-fine-for-safety-issues.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=0

Enough?

Think fines civil or criminal?  DOT Revolving Door.   

How many Chrysler deaths?  A year ago, the Center for Auto Safety reported there have been at least“370 fatal fire crashes of 1993-2004 Jeep Grand Cherokees”  Seehttps://www.careforcrashvictims.com/blog-jeepburn.php Compare today’s $105 million civil fine as follows:

* Jury awards $150 million for death of a child in a Chrysler.  Seehttps://www.careforcrashvictims.com/blog-verdictfatalfierychild.php
*  Multiply by $9.2 million value in DOT Policy Guidance to the priceless true value of a death and it will exceed the $105 million civil fine which is tax deductible.  See https://www.careforcrashvictims.com/assets/CASMarchionneLetter1-8-15.pdf
*  Will anyone be jailed?  Chrysler executives? Former DOT officials?
*  Will Congress (a) remove caps? (b) add criminal penalties?
*  Will enough consumers learn to avoid Chrysler products? 
*  Will President Obama who has been in Africa talking about corruption, set a national Vision Zero goal to end crash tragedies in or by new vehicles in a decade here in America?
Clearly NHTSA’s civil fine is not enough to end tragedies as far as anyone can see.
Where there is no vision, the people perish.
Lou