Category: Blog

The NY Times has an excellent article on the forthcoming DOT IG Report on NHTSA failures.    

“Even as evidence poured into the nation’s top auto safety agency pointing to dangerous defects in millions of vehicles, regulators repeatedly failed for years to root out problems and hold carmakers accountable, according to a long-awaited internal audit by the Transportation Department.

The bluntly worded report, ordered last year after General Motors began recalling 2.6 million cars with a defective ignition switch, paints a bleak portrait of the National Highway Traffic Safety Administration, the agency charged with overseeing safety in the auto industry.

The agency had weak management, undertrained staff and insufficient processes in place to properly review safety data submitted by automakers and complaints submitted by drivers, the report by the Transportation Department’s inspector general found. Repeatedly, investigators missed opportunities to identify that the ignition switch was prone to turn off, shutting down the engine and disabling systems like power steering and the airbags. At least 114 deaths have been linked to the defect. And the agency’s shortcomings extended to other problems as well.

Ultimately, the report said, the agency’s systemic failings “deter N.H.T.S.A. from successfully meeting the mandate to help prevent crashes and their attendant costs, both human and financial.””

At the 2014 NHTSA counted rate of 90 people dying of crash injuries per day, America is on track to suffer nearly 45,000 more crash deaths during this election season.  And about 1,000 will be children under the age of 15.  See http://www-nrd.nhtsa.dot.gov/Pubs/812160.pdf In reality the number will be closer to 50,000 more American crash deaths.  That is close to the number of American deaths in the Viet Nam War.  See https://en.wikipedia.org/wiki/United_States_military_casualties_of_war

Estimating the number of Americans that will suffer serious crash injuries before Election Day 2016 to be close to 200,000 Americans, we find that number exceeds the number wounded in the Viet Nam War.

Now how many editors, reporters, and moderators will ask the Presidential candidates their goals and plans to end this toll of crash deaths and injuries in America?

Lou

Please read it and comment.

Dear Care for Crash Victims Community Members:

“The release of information comes ahead of a July 2nd public hearing, also demanded by NHTSA, during which federal safety regulators, representatives of the automaker and members of the public will be allowed to testify about FCA’s performance in each of the recalls — a performance that has already drawn less than stellar reviews.

NHTSA has complained that FCA’s recall completion rates have been too low, in one case only 4 percent of recalled vehicles had been repaired after the recall had been in effect for nearly two years. Fiat Chrysler even admitted in a letter to its dealerships that certain recall completion rates had not met expectations.

“It is not enough to identify defects,” said NHTSA Administrator Mark Rosekind. “Manufacturers have to fix them.”

His agency has expressed substantial concerns about the “significant safety hazards posed to consumers” in connection with Fiat Chrysler’s execution of its recalls. Automobile safety advocates go even further.

“People are dying and Chrysler is stalling,” said Clarence Ditlow, Executive Director of the Center for Auto Safety….”  

“NHTSA should impose the maximum possible civil fine under the law,” said Ditlow. “The Justice Department should prosecute Chrysler and its responsible executives for criminal homicide for any deaths due to the delay in carrying out this recall.”

Before the Jeep recalls were issued, government figures put the death toll from fires in rear impact collisions at more than 50 people. The family of one victim, 4-year-old Remington Walden, sued Chrysler. In April, a Georgia jury ruled against the car company, awarding Walden’s family $150 million. Shortly thereafter, Chrysler filed a motion appealing the verdict. The automaker maintains that the vehicles are not defective and that they met all safety standards in place when they were produced.

Walden family attorney, Jim Butler, disagrees. He alleges Chrysler knew for years there was a problem with the rear fuel tanks on older model Jeeps. He says the company also knew trailer-hitches, the fix covered under the recall, wouldn’t protect the gas tanks.

“The real issue is not FCA’s dawdling on making the so-called ‘repair’; the real issue is the proposed ‘repair’ is a total fraud,” Butler said pointing, as proof, to a deposition from one of Chrysler’s own engineers saying a trailer-hitch would not protect the gas tank on the affected Jeep models.”  Seehttp://www.cbsnews.com/news/fiat-chrysler-answers-criticism-surrounding-handling-of-recalls/

The most hopeful NHTSA news for crash victims that I have seen since retiring in 2007 was reported by Automotive News.

“WASHINGTON — The National Highway Traffic Safety Administration will soon have some fresh faces in key recall positions as part of an agency reorganization intended to streamline its management structure.

According to sources here and job openings posted on the U.S Department of Transportation’s website, the agency is preparing the reorganization to follow the retirement or departure of three key officials who have overseen recalls at the agency.

n Kevin Vincent, NHTSA’s chief counsel, has been transferred to the DOT’s office of general counsel.

n Daniel Smith, senior associate administrator for vehicle safety, plans to retire in June.

n Nancy Lewis, associate administrator for enforcement, retired this spring.

Selecting their replacements gives NHTSA Administrator Mark Rosekind an opportunity to continue to put his stamp on the agency in a way that could outlast his tenure as administrator. The three departing officials have played major roles in recent high-profile enforcement cases, including the defective General Motors ignition switch and defective Takata airbag recalls.”  See

http://www.autonews.com/article/20150601/OEM11/306019965/nhtsa-prepares-to-reorganize-its-senior-ranks

“The Justice Department and the Transportation Department inspector general’s office have begun a joint criminal investigation into Trinity and its dealings with the Federal Highway Administration, according to people with knowledge of the case.

“The fact that a federal criminal investigation is pending is hardly surprising given the strength of the evidence we presented at trial,” said Nicholas Gravante of Boies, Schiller & Flexner, a lawyer representing Mr. Harman. “The evidence of fraud in this case could not have been more compelling.” See

http://www.nytimes.com/2015/06/10/business/663-million-in-penalties-for-maker-of-guardrail.html?_r=0

Senate Hearings on Takata airbag defects and DOT OIG report on NHTSA is scheduled for Tuesday June 23, 2015.  The Chair of the Committee is Senator John Thune of South Dakota.  See his bio at http://www.commerce.senate.gov/public/index.cfm?p=Chairman The Hearing will be webcast to the public.  Witnesses scheduled are at http://www.commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=a3504ffe-d343-4cff-a73a-2de3f877101c&ContentType_id=14f995b9-dfa5-407a-9d35-56cc7152a7ed&Group_id=b06c39af-e033-4cba-9221-de668ca1978a

Free interactive resources to the public and media on crash deaths in each Senator’s State for the years 2002 – 2011 are available at:http://www.arcgis.com/home/webmap/viewer.html?webmap=71c3bb8008ae4682ab0a36f090a2b443&extent=-161.4739,21.4327,-63.388,54.2524

For example, in Senator Thune’s State of South Dakota readers will find that on average over the years about 2 to 3 people die of crash injuries each week in South Dakota.

In South Dakota, year after year, more than 60% of people who die of crash injuries are not taken to any facility for emergency medical care. For South Dakota and NHTSA data on all other States see https://www.careforcrashvictims.com/assets/2012-00872-FATALITIES.PDF

For 2013 data on crash fatalities and fatality rates for each State see data and rankings attached.  South Dakota is among the 10 worst States.  SC, AR, OK, AL, WV, ND, MS, and MT (in that order) had worse fatality rates in 2013.

Money – The Detroit News recently reported:“NHTSA is bracing for what are expected to be scathing reports into the General Motors recall from the inspector general and Government Accountability Office. The Inpector General’s report into NHTSA’s failure to detect GM’s delayed recall of 2.6 million vehicles linked to 114 deaths and more than 200 injuries is expected by the end of this month.

The Department of Transportation’s probe “raises more questions” for Senate investigators about NHTSA’s effectiveness in addressing safety defects — including the probe of defective airbags, the aide said.

The hearing is the second from Congress in the last month following a House hearing last month. It is the first major Senate hearing on auto safety since Republicans took control of the upper body in January.

The committee’s chairman, Sen. John Thune, R-S.D., said in a Detroit News interview last week he is considering legislative proposals to reform NHTSA, but said he is still not convinced the auto safety agency needs more funding.

Thune said “the White House has not been very visible” on the NHTSA request for more funding.

In an interview Tuesday, Rep. Fred Upton, R-St. Joseph, chairman of the House Energy and Commerce Committee, said he hasn’t made any decisions about whether he will propose auto safety legislation. He backed an amendment to the House Transportation budget last week that would add $4 million to NHTSA’s budget.

“We want to make sure that (NHTSA) is able to deliver,” Upton said.”

Reuters this weekend addressed the forthcoming DOT OIG :“The report, due to be released next week, follows an uproar over faulty General Motors Co ignition switches tied to more than 110 deaths and defective Takata Corp air bag inflators linked to at least eight deaths.

It also comes at a time when Transportation Secretary Anthony Foxx and NHTSA Administrator Mark Rosekind are pressing Congress to increase NHTSA’s funding and enforcement powers, including another $20 million for defect investigations budget that has been stuck at $10 million for nearly a decade.”  See 

http://www.reuters.com/article/2015/06/20/usa-autos-nhtsa-idUSL1N0Z60GQ20150620

Regarding money issues, a yardstick resource for the media and public is the official DOT Policy Guidance value of a statistical life of $9.1 million per life.  See attached VSL Guidance from DOT.

People – Who will be protected?  Past, present, and future crash victims?  Or others?  Crash victims attorneys recently sought to depose former NHTSA Administrator and former Senate Commerce Committee staffer David L. Strickland who has gone through the DOT Revolving Door. See https://www.careforcrashvictims.com/assets/2015-03-05JamesButlertoSarahSorgatNHTSAOfficeofCounselredepoofStrickland.pdf

Let’s keep in mind that currently each day, nearly 100 Americans die of crash injuries, and about 400 more suffer serious crash injuries, and the value of losses are estimated to be about $2 Billion per day in the U.S.A.  Day after day after day without end in sight.  See U.S.A. Crash Death Clock and Crash Death Meters.  They are available free at  https://www.careforcrashvictims.com/clock.php

Vision – Let us also keep in mind that never before in the history of mankind have we had more technology available to end deaths and serious injuries – forever.  We the people need to demand that our federal government officials adopt a Vision Zero policy.  See https://www.careforcrashvictims.com/assets/MonthlyReportforFebruary2015.pdf “Where there is no vision, the people perish.” Proverbs 29:18

Policies – On this Father’s Day, President Obama and Members of Congress should read the Op Ed in the NY Times on Weak Oversight, Deadly Cars.  Seehttp://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html Then adopt “Free NHTSA” policies that: * Shut the Revolving Door * Reassign NHTSA executives who are from the auto industry and still in charge of programs vital to saving American lives.

* Create a National Commission on Auto Safety to End Crash Deaths and Serious Injuries In or By New Vehicles manufactured after the year 2020 (The Volvo Vision Zero Goal).

Those steps would be commensurate with a national crash death problem that has already cost 3 times more American lives lost than in all wars since 1776.  And a crash injury problem that has resulted in 500 times more Americans injured in crashes than have been wounded in all wars since 1776.

See https://www.careforcrashvictims.com/assets/MonthlyReportforApril2015.pdf

End the Car Safety War tragedies now, please.  We can do it.  Yes we can.

Lou