More GM Depositions Ahead


More GM Depositions Ahead

March, 2015

Dear Care for Crash Victims Community Members:

NY Times reports: While General Motors has settled one potentially explosive lawsuit related to defective ignition switches, the company still faces the possibility of depositions of its employees in a broader class-action case.

A number of current and former G.M. employees are scheduled to be questioned under oath, beginning in May, in a sweeping case in federal court in New York.

G.M. avoided depositions in the wrongful-death case settled last week with the parents of Brooke Melton, 29, a Georgia woman who was killed in a crash in a Chevrolet Cobalt equipped with a faulty ignition switch.

But the lawyers who represented Ms. Melton’s parents said on Monday that legal efforts to collect internal G.M. documents and depose employees would continue nonetheless.”  See

The Detroit Free Press reports:GM still faces more than 100 lawsuits seeking lost economic value of vehicles equipped with the defective ignition switch and other parts that led to recalls. Most of those have been consolidated before U.S. District Judge Jesse Furman in New York.

The automaker has argued that its 2009 bankruptcy restructuring included a condition protecting it from product liability claims over vehicles produced before it exited bankruptcy. U.S. Bankruptcy Judge Robert Gerber is expected to rule on that issue in coming months.

Cooper told reporters that documents from those “lost economic value” could shed new light on what and when GM knew of the ignition-switch defect and whether senior executives, including CEO Mary Barra, knew about it before December 2013.

An independent investigation conducted by former federal prosecutor Anton Valukas was very critical of GM’s handling of the ignition-switch crisis. But it concluded that Barra and other senior executives didn’t learn of the problem’s scope until shortly before GM began recalling about 2.5 million small cars in February 2014.

Feinberg’s fund added three claims as of Friday, bringing the total to 67 death claims and 113 personal injury claims eligible for compensation. He and his staff have received 4,343 claims, and 1,492 are still under review.”  Seehttp://www.freep.com/story/money/2015/03/16/general-motors-ignition-switch-deaths/24847701/

 


Mothers’ Work to Advance 15 Passenger Van Safety Was, and Still Is, Needed

March, 2015

Dear Care for Crash Victims Community Members:
Victory of Caring Mothers Isabelle Hains & Stella Gurr

Mothers who lost sons in 15 Passenger Van crashes explain the significance of their success in changing Canadian law. “The mothers say the introduction of the new definition provides school boards, commercial bus operators and the general public with an alternate choice of vehicle that offers a similar high safety standard as a yellow school bus.

Many school districts across Canada still use 15-passenger vans. The mothers are concerned that this may continue unless all the provinces and territories decide to use only yellow school buses and MFSAB’s to transport students to after school activities. 

Prohibiting the use of 15-passenger vans for extra curricular activities is a provincial/territorial responsibility. They are asking for a mandatory Van Angels law across Canada that permits only yellow school buses or Multifunction School Activity Buses for students participating in after school activities.

“Like many other Canadians I knew nothing about the serious safety concerns associated with 15 passenger vans until my son was killed,” says Hains. “I had to educate myself and had to push and fight for changes to safe student transportation.”

Hains says “Parents with children in the school system need to know there is now an alternative to 15 passenger vans that is built to the high yellow school bus standard.”

Gurr adds that with the new definition there should be no confusion when consumers want to be sure that they are purchasing a type of vehicle that meets very strict US and Canadian Motor Vehicle Safety Standards for a school bus body build.

“It will be clearly identified on the vehicle certification label; ‘School Bus’ or ‘MFSAB’,” says Stella Gurr….”  

“Since 2010 the Van Angel mothers has managed to accomplish a review of the 15-passenger van for student transportation and national distribution of a brochure called Safety Guidelines for the use of 15-Passenger Vans, as well as the introduction of the MFSAB in the Motor Vehicle Safety Act.”  See  https://www.autoserviceworld.com/jobbernews/van-angels-call-changes-to-motor-vehicle-act-a-lasting-legacy-for-their-sons/

And https://www.careforcrashvictims.com/blog-hainsgurr.php

The years of efforts to prevent tragedies by the VanAngels are still needed because 15 Passenger Vans continue to transport students and church groups.  As shown in the 60 Minutes video the rollover dangers are real and major.
Tragedies Will Continue Hundreds of thousands of 15 Passenger Vans are still on the U.S. roads (564,000 vehicles in 2007 see attached NHTSA report 811143). Additional resources are as follows:

 
 
As weather turns warmer and worn tires fail Americans will suffer more tragic fatal and permanently injurious 15 Passenger Van crashes in the U.S.  
NHTSA Needs To Do More and Better
At the very least, NHTSA should issue a public education warning now on 15 Passenger Vans.  NHTSA could create a PSA video and go further than their Advisory issued 3 years ago.  See http://www.nhtsa.gov/About+NHTSA/Press+Releases/2012/Consumer+Advisory:+NHTSA+Offers+Tips+for+Safe+Travel+in+15-Passenger+Vans
NHTSA needs to be more specific in its Advisory.  NHTSA must make it actionable not vague.   *  No more than 9 passengers is more actionable than “Vehicle weight should never exceed the Gross Vehicle Weight Rating”. *  Tires no older than 3 years is more actionable than “Replace old tires. Check the vehicle owner’s manual for correct size.”
*   Drivers should have commercial licenses is more actionable than Driver should be well trained and experienced”.
*   Limit Driving Time to 3 hours to prevent Drowsy Driving is more actionable than Rest well. Fatigue can affect driving and response time”.
NHTSA should publish fatalities in 15 passenger vans every year by auto maker to spur corporate competition to advance safety.
DOT can help States post warnings on electronic highway signs.  NHTSA should publish fatalities involving 15 passenger vans by State and by year.  Many will be in Red States where climate is hotter and tire failures occur more often.  This is important to get more bi-partisan support in Congress.
Congressional support, direction and oversight are necessary, but not always sufficient, for safety progress.  See http://www.nhtsa.gov/nhtsa/Cfc_title49/MotorVehicleSafetyProvisions.html
Note the number of people who died in Rollover crashes and recognize that NHTSA supported GM’s funding of CDC to remove “Rollover and Extrication” from the triage guidelines.  Seehttps://www.careforcrashvictims.com/assets/MRDec-AmericanVictims.pdf

NHTSA can and must do better protecting Americans now, please.
If NHTSA does not do so, people and their representatives should ask: What is holding NHTSA back?
Lou

 

DOT “Sees” No Problem on Guard Rail Hazards


DOT “Sees” No Problem on Guard Rail Hazards

March, 2015

Dear Care for Crash Victims Community Members:

DOT, with our tax dollars and with Highway lobby support, says to the American people: RIP.

See http://www.nytimes.com/2015/03/12/business/federal-agency-finds-no-evidence-that-trinity-industries-altered-design-of-its-guardrails.html?ref=business

Nader and Ditlow were right.  On deadly roads too.

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

The DOT and the Highway lobby partner to give a unique meaning to Vision Zero.   

“From Secretary Foxx:
Today, the American Association of State Highway and Transportation Officials (AASHTO) joined the National Strategy on Highway Safety Toward Zero Deaths (TZD) effort, a vision for eliminating fatalities on the nation’s roadways.
AASHTO has long been a valued partner the Department, and this aggressive approach to safety —DOT’s number one priority— will only strengthen that partnership…”

See http://www.transportation.gov/fastlane/tzd

If Secretary Foxx and his team have their eyes on the Revolving Door, it would be difficult to “see” Guard Rail hazards. See  http://www.usatoday.com/story/opinion/2015/02/25/nhtsa-revolving-door-cronyism-highway-column/23966219/

Lou

 


Safety of Consumers Under Attack

February, 2015

Dear Care for Crash Victims Community Members:

Respected Safety Advocate Rosemary Shahan has asked us to help get the word out warning us all of this NJ anti-safety legislative initiative.   Warning: it may spread to other States too.

Attached is a letter from CARS and the National Association of Consumer Advocates, opposing legislation now pending in New Jersey — backed by car dealers — that would for the first time allow dealers to sell unsafe, recalled used cars to consumers, without ensuring that the cars are safe prior to delivery, if they merely provide “disclosure” — shifting liability onto their victims. The Assembly bill passed 68-0 before members of the legislature realized the implications. The Senate companion bill has not yet been heard.  Now there is growing awareness about how harmful they would be. But it remains to be seen if they can be stopped, before they go to Gov. Christie’s desk. If they pass out of the legislature, he would likely sign them into law.”

Please help get the word out because it may spread to other States too.
Lou

 

White Cars Are About 10% Safer Report


White Cars Are About 10% Safer Report

February, 2015

Dear Care for Crash Victims Community Members:

The link I gave to the Australian study on white cars being safer has been taken down.  Looks like the auto industry did not like that Report being available to the public that stated:

“Results of the analysis identified a clear statistically significant relationship between vehicle colour and crash risk. Compared to
white vehicles, a number of colours were associated with higher crash risk. These colours are generally those lower on the visibility
index and include black, blue, grey, green, red and silver. No colour was statistically significantly safer than white although a number of other colours could not be distinguished from white statistically in terms of relative crash risk. The association between vehicle colour and crash risk was strongest during daylight hours where relative
crash risks were higher for the colours listed compared to white by up to around 10%.”

So here for your files is the actual report attached.

Consumers have a right to life saving information.
Lou

 

Close the NHTSA Revolving Door In and Out of NHTSA


Close the NHTSA Revolving Door In and Out of NHTSA

February, 2015

Dear Care for Crash Victims Community Members:

USA Today has an excellent Op-Ed on NHTSA’s Revolving Door.

It calls for closing the NHTSA Revolving Door.

See http://www.usatoday.com/story/opinion/2015/02/25/nhtsa-revolving-door-cronyism-highway-column/23966219/

Corporate cronies have come in and out of NHTSA for way too long.  And corporate policies have come out of NHTSA for way too long. Because nearly 100 American lives and 400 serious injuries each day depend on it, let’s hope and help this happen.

Lou