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

 

Americans Worked, Paid Taxes, and Died Needlessly – 911 System Fails Us in 2015! – Why?


Americans Worked, Paid Taxes, and Died Needlessly – 911 System Fails Us in 2015! – Why?

February, 2015

Dear Care for Crash Victims Community Members:
The 911 Broken Line

On Monday February 23, 2015, USA Today published an excellent Investigative Report on the failures of America’s 911 “system” to save us.  It begins with:

“As water filled her sinking SUV, Shanell Anderson did what anyone would do. She tried the doors. They wouldn’t budge. She dialed 911 on her cellphone, telling the operator exactly where she was.

Anderson, 31, was delivering newspapers near Atlanta around 4 a.m.that day in late December, so she knew the cross streets, even the ZIP code. She repeated her location over and over, but it didn’t help. Because Anderson’s call was routed through the nearest cellphone tower to a neighboring county’s 911 system, the dispatcher couldn’t find the streets on her maps. Worse yet, the system couldn’t get a fix on the cellphone’s location before the call ended.

In the agonizing final seconds of the call, Anderson’s words are muffled by the sounds of pond water. The dispatcher asks for the address again, then utters, “I lost her.”

It took 20 minutes for rescuers to get to Anderson and pull the 31-year old suburban Atlanta woman from her car, barely alive. She died a week and a half later in the hospital. Her 911 call is one of millions that fail to give police, fire and ambulance dispatchers a quick fix on location, a technology shortfall that can leave callers like Anderson in grave danger….”  

Your chance of 911 getting a quick fix on location ranges from as low as 10% to as high as 95%, according to hundreds of pages of local, state and federal documents obtained and reviewed by USA TODAY and more than 40 Gannett newspapers and television stations across the country….” 

The quest to make cellphone calls to 911 more useful to emergency crews began in the mid-1990s. The FCC set a deadline: Two-thirds of cellphone calls would transmit location to 911 by 2002. That rule was written when cellphone calls were mostly made outdoors, and the industry says it can meet the goal when applied only to outdoor calls. The deadline got pushed back several times since then….”

“An estimated 10,000 people each year would be saved with accurate location standards from indoor cellphone calls,” Molitor wrote, citing an FCC estimate for the number of lives that could be saved by a one-minute reduction in emergency response times. “Whatever hang-ups they have cannot be more important than 10,000 lives.”

See  http://www.usatoday.com/story/news/2015/02/22/cellphone-911-lack-location-data/23570499/

The 911 Timeline of Hope

March 27, 1997  Briefing to NHTSA Administrator Dr. Ricardo Martinez, Emergency Physician. See https://www.careforcrashvictims.com/assets/MartinezBriefing3-27-97.pdf

1999    Based in part on that research, the Wireless Communicationsand Public Safety Act of 1999, became law and specified 9-1-1 as the “universal emergency telephone number.”  As we wrote in our NHTSA published paper:

“The Act, based in part on the research findings reported herein, states that “emerging technologies can be a critical component…to reduce emergency response times and provide appropriate care”.

The Act’s first finding states:
“…the establishment and maintenance of an end-to-end communications infrastructure among members of the public, emergency safety, fire service and law enforcement officials,emergency dispatch providers,  transportation officials, and hospital

emergency and trauma care facilities will reduce response times for the delivery of emergency care, assist in delivering appropriate care, and thereby prevent fatalities, substantially reduce the severity
and extent of injuries, reduce time lost from work, and save thousands of lives and billions of dollars.”
Also in 1999, the Federal Communications Commission (FCC) issued rules for Enhanced 9-1-1 service for wireless calls to automatically
provide location information to emergency dispatchers.”  Seehttp://www-nrd.nhtsa.dot.gov/pdf/esv/esv18/CD/Files/18ESV-000406.pdf
2005NHTSA published ourpaper on the importance of time, information, and new tools to help crash victims survive.  See https://www.careforcrashvictims.com/assets/2005-urgency.pdf
2013  My second petition was delivered to the Federal Interagency Committee on EMS (FICEMS) and the National Emergency Medical Services Advisory Committee (NEMSAC).  I asked please recommend a National 10 year Goal for an end to the waiting that contributes to countless thousands of needless deaths.  See https://www.careforcrashvictims.com/assets/MR-Strickland-NEMSAC-FICEMS.pdf
For Too Many Americans 911 Hopes Remain Unfulfilled 
For crash victims, rescue is too little, too late, too often, for too many Americans – year after year, day after day, – to this day!
Since 1997 about 660,000 Americans have died of their crash injuries in the U.S.A. — more than 50% of them were “Not Taken” to any facility for emergency medical care.  And another estimated 35 million Americans suffered crash injuries. Since 1997 the number of Americans who have died of crash injuries plus the number who suffered crash injuries now exceeds the number of Americans that died and were injured in all wars since 1776. That number is 2,717,993.  See http://www-nrd.nhtsa.dot.gov/Pubs/812032.pdf and http://en.wikipedia.org/wiki/United_States_military_casualties_of_war
Continued Hope for Building a Safer America
*  The U.S.A. now has data for crash deaths by State for each year 1978 – 2011 that were not taken to any facility for emergency medical treatment.  Year after year more than 50% of crash deaths still are “Not Taken” in NHTSA’s terminology.  See https://www.careforcrashvictims.com/assets/2012-00872-FATALITIES.PDF*  The U.S.A. now has crash deaths mapping tools by Congressional District for the past decade (2002 – 2011).  These tools are available free to all media.  See https://www.careforcrashvictims.com/CrashDeathMappingTools.php
*  The U.S.A. now has a growing understanding of the need to free government agencies from regulatory capture and control of safety policies so that America gets the protection it needs – here in the U.S.A. See http://www.nytimes.com/2014/10/29/opinion/weak-oversight-deadly-cars.html?_r=0
So thanks and kudos to USA Today and its team of investigative reporters and editors for their excellent work!  They help show how we can and must do better protecting Americans by building a safer America – here in the U.S.A.  Today please, because it is about time!
Lou

 

NHTSA Revolving Door: Corporate Servants>”Public” Servants>Corporate Servants


NHTSA Revolving Door: Corporate Servants > “Public” Servants > Corporate Servants

February, 2015

Dear Care for Crash Victims Community Members:

NHTSA Revolving Door Spin

*  WSJ reports on former NHTSA Administrator David Kelly as frontrunner to head auto industry investigation of Takata airbag defect.

See http://www.wsj.com/articles/former-u-s-auto-safety-regulator-is-front-runner-to-lead-takata-air-bag-probe-1423076947

*  Safety Advocate Rosemary Shahan reports that former NHTSA Deputy Administrator Ron Medford is pushing for using the public essentially as safety guinea pigs.The auto manufacturers and Google are working in tandem to seek weak regulation of autonomous vehicles, which are already being operated on the highways in some states, including CA. They’re basically using our highways as their test track. They’re pushing the CA DMV very aggressively to allow them to “self-certify” that their cars meet federal motor vehicle safety standards, without any further standards or any third-party verification.  They also claim that the US safety recall system is “robust” and adequate to handle any safety problems that arise. Ron Medford, who used to be the Deputy Director of NHTSA, and Chan Lieu, who served as Director of Government Affairs, Policy and Strategic Planning at NHTSA are both now speaking on behalf of Google and the manufacturers, before the DMV.”Here’s video of the most recent hearing:https://www.dmv.ca.gov/portal/dmv/detail/vr/autonomous/auto Earlier hearings — with notations for when Ron Medford from Google is speaking about the safety recall system: Part 2A3:00 – 5:00https://www.youtube.com/watch?v=i2WWRzbLsw8&feature=youtu.be Part 2B6:35 – 7:08https://www.youtube.com/watch?v=kTzPYlueGg8&feature=youtu.be

America we can and must do better than let corporations govern our safety.
Lou

 

The CBS Tragic Fatal Crash That Killed 60 Minutes Reporter Bob Simon


The CBS Tragic Fatal Crash That Killed 60 Minutes Reporter Bob Simon

February, 2015

Dear Care for Crash Victims Community Members:

Last year, in the foreword to the 2014 Car Book,  Clarence Ditlow, the Executive Director of the Center for Auto Safety wrote:

“The media recently focused on the fatal crashes involving Jacqueline Mars, the Mars candy heiress, whose 2004 Porsche Cayenne crossed the centerline and hit another vehicle; and Paul Walker, star of Fast and Furious, who was killed in a 2005 Porsche Carrera that veered off the road in a high speed crash.  Yet the media did not ask why Mars and Walker who could have afforded any vehicle did not pick a newer Porsche or another performance sports car with electronic stability control or lane departure control that might have prevented their tragic, fatal crashes. 

Most celebrities in America have agents to help them negotiate their contracts, run their finances and advance their careers.  Yet how many have an agent to select a safe car which will insure their career or life will not be cut short by a tragic car crash such as were Grace Kelley, Steve Allen, and James Dean.”

Ditlow notes that to prevent future tragedies companies should consider the following advice:

“CBS fits in the category of entities that should use the safest possible vehicles for employees and guests for whom it provides transportation.  The Lincoln Town Car was phased out in 2011.  Neither the 2011 or 2010 in which Bob Simon was riding had side curtain airbags, collision avoidance braking, or lane departure control.    The Town Car had side torso airbags only for the front seat and not for the rear seat where Bob Simon was riding.  There are any number of 2015 large sedans that have these features.  Side curtain airbags are now standard in 2015 cars which shows how out-of-date the Town Car is in safety.  The Town Car is the livery vehicle of choice due to its size, reliability and relatively low cost; not safety.  If status is a factor for companies like CBS, use Mercedes S-Class limos with all the above safety features.  No guarantee one will avoid all crashes but they will be less severe and injury will be mitigated.

Lou