Changes at DOT & NHTSA


Changes at DOT & NHTSA

June, 2015

Dear Care for Crash Victims Community Members:

The NY Times reports:

Transportation Secretary Anthony Foxx acknowledged on Friday that there were “deficits” in the investigative process at the safety agency and “room for self-improvement” in how the government regulates the safety of autos.

“We have taken a set of actions that will aid in improving the effectiveness of N.H.T.S.A.,” Mr. Foxx said in a conference call with reporters.

The admissions drew sharp responses from members of Congress who have been critical of the government’s inability for years to recognize that defective ignition switches in G.M. cars could suddenly cut engine power and disable airbags, putting occupants at risk of death or serious injury.

“There needs to be a complete overhaul of this failing agency,” said Senator Richard Blumenthal, Democrat of Connecticut. “The results of this report are long overdue.”….

“The agency will also adopt a “risk control” program that better aligns various departments and encourages more sharing of safety information.

It also proposed a formal process to reach out to lawyers who represent accident victims, partly to make government investigators aware of secret settlements between automakers and litigants on safety issues….

“One safety advocate argued that the changes made by safety agency did not go far enough, and urged the agency to open up investigative reports to the public.

“It still soft-pedals why they have gone from one defect crisis to another,” said Sean E. Kane of the consulting firm Safety Research and Strategies. “What is missing is any mention of the importance of transparency.”

Friday’s reports do not conclude scrutiny of the agency’s handling of the defect, however. The Transportation Department inspector general has been conducting its own examination and results are expected later this month.

For one family tragically affected by the G.M. defect, the reports did bring some sense of closure.

“From Day 1 I said, isn’t N.H.T.S.A. just as guilty as General Motors is?” said Ken Rimer, stepfather of Natasha Weigel, who died in the Wisconsin crash highlighted in the reports. “It’s terrific they are finally owning up to their mistakes.”  See  http://www.nytimes.com/2015/06/06/business/nhtsa-admits-missing-clues-to-gm-ignition-defects.html?mabReward=CTM&moduleDetail=recommendations-2&action=click&contentCollection=Sports&region=Footer&module=WhatsNext&version=WhatsNext&contentID=WhatsNext&configSection=article&isLoggedIn=false&src=recg&pgtype=article

Consumer Affairs reports:

“The U.S. Department of Transportation (DOT) and National Highway Traffic Safety Administration (NHTSA) today released two reports outlining their,plans for tougher oversight and identifying shortcomings in its own efforts.

But nothing drew more gasps than the revelation that DOT and NHTSA would be consulting with personal injury lawyers, who often find and document safety hazards long before they come to NHTSA’s attention.

In fact, lawyers who specialize in auto accidents and product liability already have their own informal but highly sophisticated,networks that share data the attorneys collect as they build evidence against automakers. In many cases, records are sealed after a trial ends in an out-of-court settlement, especially those involving huge damage awards arising from injuries caused by safety defects, so the information is never made public….

“On Capitol Hill, Sens. Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) said the NHTSA must resolve to prevent future tragedies like the GM ignition switch debacle.

“We are pleased that NHTSA has acknowledged neglecting critical information that should have moved it to take action much earlier on faulty GM ignition switches that were killing drivers and passengers for years. Unfortunately, for more than a decade, NHTSA failed to address the information and evidence it had in its own database linking defective ignition switch to fatal accidents,” the senators said in a joint statement.

“It is incumbent upon Administrator Rosekind to put in place permanent measures necessary to prevent another tragedy like this from ever happening again. Those measures must include a requirement that the types of secret documents that NHTSA had access to are made public, and the enactment of our legislation that requires more information to be reported to NHTSA’s Early Warning Reporting database when auto manufacturers first become aware of incidents involving fatalities.”

The two have introduced legislation that they say would ensure more transparency and earlier reporting of safety issues to prevent auto injuries and fatalities.

The legislation, the Early Warning Reporting System Improvement Act, would require NHTSA make the information it receives from auto manufacturers publicly available in a searchable, user-friendly format so that consumers and independent safety experts can evaluate potential safety defects themselves.”  

See 

http://www.consumeraffairs.com/news/feds-vow-tougher-scrutiny-of-automakers-safety-efforts-may-collaborate-with-personal-injury-lawyers-060515.html

NHTSA Release and Documents are attached

and at

http://www.nhtsa.gov/About+NHTSA/Press+Releases/nhtsa-forming-new-safety-teams

Lou

 

USA Today Editorial Calls on Congress To Do More on Auto Safety


USA Today Editorial Calls on Congress To Do More on Auto Safety

June, 2015

Dear Care for Crash Victims Community Members:

USA Today properly focuses on Congress to protect people in America.

See http://www.usatoday.com/story/opinion/2015/06/15/nhtsa-auto-safety-defect-airbag-gm-editorials-debates/71206984/

Please read it and comment.

Lou

 

How Many More Will Die Before Election Day 2016? Who will ask the candidates?


How Many More Will Die Before Election Day 2016? Who will ask the candidates?

June, 2015

Dear Care for Crash Victims Community Members:

As of July 1, 2015 there were 496 days left until Election Day 2016. 

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

Remember that NHTSA systematically under-counts crash deaths by about 10 per day.  See https://www.careforcrashvictims.com/blog-officerdies.php

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

 

Crash Victims Get Hope From NHTSA Administrator Rosekind


Crash Victims Get Hope From NHTSA Administrator Rosekind

June, 2015

Dear Care for Crash Victims Community Members:

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

It’s more than about time.  It is about tragedies without end for too many Americans, for too long.  It is about freeing NHTSA from decades of corporate captivity that gives hope for a Safer America.  See

http://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.htmlInline image 1

____________________

Hopefully we now will see policies for a reduction in the nearly 100 crash deaths per day, plus 400 serious crash injuries, and $2 Billion in losses every day in America.
Lou

 

Chrysler Jeep Recall – FCA Delivers Information to NHTSA


Chrysler Jeep Recall – FCA Delivers Information to NHTSA

June, 2015

Dear Care for Crash Victims Community Members:

See latest report and the video by CBS News:

“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/

Lou

 

Will the Congress and DOT and NHTSA Protect Americans?

Will the Congress and DOT and NHTSA Protect Americans?

June, 2015

Dear Care for Crash Victims Community Members:

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

Resources for Hearing 
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.
Issues – Money, People, Vision and Policies

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

 

Guardrail Judgement & Criminal Investigation


Guardrail Judgement & Criminal Investigation

June, 2015

Dear Care for Crash Victims Community Members:

“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