Tragic Death Results in Lawsuit Against Honda & Takata


Tragic Death Results in Lawsuit Against Honda & Takata

March, 2015

Dear Care for Crash Victims Community Members:

Law firm Press Release states:“On January 18, 2015, Carlos Solis, IV was driving a 2002 Honda Accord in Spring, Texas when he was involved in a minor wreck with another car. The driver side airbag engaged and inflated in the collision. A large piece of metal from the airbag inflator exploded through the airbag. The shrapnel entered Solis’s neck, severed his carotid artery and jugular vein, fractured his windpipe, and lodged in his shoulder and cervical spine. The lawsuit details these findings from the autopsy by the Harris County Medical Examiner, who retrieved the metal disc from the body and described it as “foreign object (air bag inflator component).” The metal went so deep no one responding at the scene could see or feel it.  Scott Solis, the brother of Carlos, came and attempted to apply pressure to the wound and comfort his brother as he bled and eventually died….”  “Solis’s car was bought used in 2014 at a Houston area car dealer. While the car had been recalled in late 2011, it had never been repaired. Solis never received any notice of any need for repairs.”  See http://www.prnewswire.com/news-releases/lawsuit-against-honda-and-takata-alleges-defective-airbag-caused-drivers-gruesome-death-300046263.html

Legislators Press Release:

Contact: Giselle Barry (Markey) 202-224-2742

Josh Zembik (Blumenthal) 202-224-6452

 

Markey & Blumenthal Introduce Legislation to Ensure Safety Recalls Are More Quickly Completed

Legislation would require state DMVs inform vehicle owners of recalls to ensure timely repairs

 

Washington (March 2, 2015) – It was a year of record motor vehicle safety recalls in 2014, with approximately 64 million vehicle recalls and service campaigns due to potentially deadly safety defects, including the GM ignition switch and Takata exploding airbag defects. In response to this deadly wave of accidents and recalls, Senators Edward J. Markey (D-Mass.) and Richard Blumenthal (D-Conn.) today introduced legislation that would require state Departments of Motor Vehicles and state motor vehicle registration agencies to notify vehicle owners of open safety recalls to help ensure that owners get the safety recalls remedied. The Repairing Every Car to Avoid Lost Lives (RECALL) Act is similar to requirements to obtain emissions testing or insurance prior to registration or registration renewal by many states, and it is an effective way to ensure that vehicle owners are aware of and comply with their safety recalls. Studies estimate that only 65 percent of recalled vehicles get fixed within the first 18 months of being recalled, and one in every seven vehicles on American roadways – upwards of 34 million cars and trucks – has an unfixed recall.

 

“This legislation represents the three R’s of automotive safety: recall, repair, register,” said Senator Markey, a member of the Commerce, Science and Transportation Committee.“We need to inform all vehicle owners of open safety recalls and ensure repairs get made quickly so our roads are kept safe. The RECALL Act will help prevent any more avoidable deaths from unrepaired recalls. I thank Senator Blumenthal for his partnership on this legislation and look forward to continuing to work with Chairman Thune and our colleagues to enact strong auto safety legislation to protect American families.”

 

“Unrepaired safety defects endanger everyone on America’s roadways. Important recall notices can get bogged down with legalese, and busy consumers can miss a lifesaving update,” said Senator Blumenthal. “This legislation provides a common-sense avenue to ensure every driver is reminded and encouraged to make the necessary repairs and keep unsafe cars off the roads.”

 

A copy of the RECALL Act can be found HERE.

 

“Senators Markey and Blumenthal’s initiative will help us all achieve the critical goal of completing 100 percent of every automotive recall campaign in America. We believe the process of vehicle registration is a logical point to require an additional check for any open safety recalls in order to ensure that repairs are completed,” said Rick Schostek, Executive Vice President of Honda North America, Inc. “When it comes to ensuring that safety-related recalls are completed, automakers, government and concerned citizens need to work together to protect drivers, passengers and others on the road.  Everyone has an important stake in making sure these vehicles are repaired.”

 

“Based on my personal experience, I am committed to finding ways to make certain that every vehicle owner is aware of and addresses open recalls,” said Stephanie Erdman, a Florida resident who was seriously injured in 2002 by a Takata airbag inflator. “This proposal significantly increases the likelihood this will occur.”

 


Fiat’s CEO Deposition in Fiery Death of Child Goes to Jurors

March, 2015

Dear Care for Crash Victims Community Members:

Wall St. Journal reports:“Chrysler conducted a “thorough review” of older Jeeps and the design of their fuel tanks is “not a safety defect,” the chief executive of Fiat Chrysler Automobiles NV testified in a wrongful-death lawsuit over a 4-year-old boy killed in a fiery rear-end Jeep crash in 2012.”  See

If the jurors swallow this…what can ordinary citizens do?

Lou

 

On Trial: Fiat Chrysler Fiery Crash Deaths & NHTSA’s Revolving Door


On Trial: Fiat Chrysler Fiery Crash Deaths & NHTSA’s Revolving Door

March, 2015

Dear Care for Crash Victims Community Members:

Bloomberg reports on past and present trial of Fiat Chrysler tragedies and the role of NHTSA’s Revolving Door.“Jurors are poised to view grisly evidence of the June 2012 death of 4-year-old Remington Walden in the back seat of a 1999 Jeep Grand Cherokee. The SUV erupted in flames after being rear-ended at an intersection as his aunt drove him to a tennis lesson.

The family’s lawyers say the boy died screaming in a fire so intense his chest fused to the Jeep’s door. They said a medical examiner determined the child, strapped to a booster seat, was probably alive for as long as a minute, with the position of his body showing he died struggling to get out….

“The limited recall also raised concerns about the closeness of the regulating agency to the carmaker, said Clarence Ditlow, executive director of the Washington-based advocacy group Center for Auto Safety. The lead negotiator for NHTSA in the deal went to work for one of Fiat Chrysler’s law firms after the accord was reached.

Ditlow said he would use any verdict against the company in court to try to force NHTSA to reopen the investigation or expand the recall….”

“The big question now is what evidence will be presented at the trial,” “The executive’s testimony will figure prominently in the case, one of the first trials since the accord, Ditlow said. Claims of collusion between the government and the carmaker will be a focal point of the trial, including details of the meeting that led to the limited recall, he said.”  See 

http://www.ticotimes.net/2015/03/24/fiat-trial-on-childs-fiery-death-seen-renewing-push-for-jeep-recall

And as I wrote nearly a year ago Americans are still in danger of unfixed Jeep vehicles. See https://www.careforcrashvictims.com/blog-unfixedjeeps.php

And Americans are still in danger of the “unfixed” NHTSA officials still in positions of power in and out of the agency.  See https://www.careforcrashvictims.com/assets/CFCV-MonthlyReport-March2014.pdf

Automotive News reports that more high level corporate officials are being deposed in the GM scandal.  Seehttp://www.autonews.com/article/20150320/OEM11/150329991/wagoner-akerson-depositions-being-sought-by-plaintiffs-lawyer
So we the people may learn more about who knew what, when, as the justice system uncovers these tragic stories – hopefully increasing the safety of America.

Auto makers and NHTSA can, and must, do better.

Lou

 

GM Settles Fatal Ignition Switch Case Covered Up by GM and NHTSA


GM Settles Fatal Ignition Switch Case Covered Up by GM and NHTSA

March, 2015

Lou

 

Guardrails Endanger Us All – While NHTSA and FHWA Stall


Guardrails Endanger Us All – While NHTSA and FHWA Stall

March, 2015

Dear Care for Crash Victims Community Members:

The NY Times reports in an excellent article including video and DOT FHWA and NHTSA documents:

“A potentially dangerous guardrail cleared a crucial hurdle on Friday when federal officials released their analysis of four crash tests and gave the product passing grades, even for the final test, in which the driver’s door was severely damaged.

But the findings, by the Federal Highway Administration, seemed only to intensify the debate over the guardrail, called the ET-Plus, as critics on Capitol Hill denounced the conclusion as being the result of a flawed process. The guardrails, made by Trinity Industries of Dallas, are suspected of jamming when hit head-on, causing the metal rail to spear into the passenger compartment.”  See 

http://www.nytimes.com/2015/03/14/business/trinity-guardrails-said-to-pass-federal-safety-tests-but-some-are-skeptical.html?contentCollection=business&action=click&module=NextInCollection&region=Footer&pgtype=article

And see:

http://www.nytimes.com/2015/03/12/business/federal-agency-finds-no-evidence-that-trinity-industries-altered-design-of-its-guardrails.html?action=click&contentCollection=Business%20Day&module=RelatedCoverage&region=Marginalia&pgtype=article

At the Consumer Federation of America’s “Consumer Assembly” there was an excellent panel on investigative reporting.  I asked if there was a criterion of the greatest good to the greatest number of Americans.  Leading investigative reporters said that criteria for excellent stories include video, importance to the public, and documentation.  And that stories such as Watergate unfolded over time into one of major consequence.  

This story meets those criteria by adding powerful evidence of regulatory capture at DOT, NHTSA, and FHWA to the point that these agencies created to protect people are protecting private interests and endangering us all.

See https://www.careforcrashvictims.com/blog-noprobguard.php

To help current DOT officials focus on their duty to protect the American people let’s send them the best artwork I have seen in decades of work on auto safety.  If they make it wall paper on all DOT computers, and hang it on their walls, it may help them avoid hanging their heads in shame in the future.  Here it is courtesy of the NY Times:

no evil

See: http://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html

I’d like to see President Obama hang this in his office and put it on the White House web site.  He can do it.  Yes he can.  

The question for crash victims, and we are all crash victims, is: Why won’t he do it? 

Lou

 

Isabelle Hains and Stella Gurr Win Safety Advance in Canada


Isabelle Hains and Stella Gurr Win Safety Advance in Canada

March, 2015

Dear Care for Crash Victims Community Members:
After years of citizen work fighting against overwhelming corporate and governmental resistance to making safer vehicles (15 Passenger Vans) there has been a victory in Canada.
“Two mothers, who fought for safe student transportation, after their sons were killed in 15-passenger vans, are calling an amendment to Canada’s Motor Vehicle Act a lasting legacy to their Boys’ memory. Isabelle Hains of Bathurst, New Brunswick and Stella Gurr of Nanaimo, British Columbia announced today that the federal Motor Vehicle Safety Act has been amended to include theMULTIFUNCTION SCHOOL ACTIVITY BUS.  The “MULTIFUNCTION SCHOOL ACTIVITY BUS” (MFSAB) is now officially a new and distinct definition under Canada’s Motor Vehicle Safety Act effective February 11, 2015.”  Seehttp://blog.vanangels.ca/

And as previously reported see https://www.careforcrashvictims.com/blog-driven.php

It takes more than a village, and more than tragedies, to make progress in safety.  

As these mothers have shown: it also takes love, work, and persistence. 

Lou