Category: Blog

When Government and Industry Fail To Protect Us, Tragedies Continue


When Government and Industry Fail To Protect Us, Tragedies Continue

February, 2015

Dear Care for Crash Victims Community Members:
NHTSA Still Protecting Automakers
The NY Times has provided excellent investigative reporting on the failures of NHTSA and automakers to protect us from defects for decades.  Christopher Jensen reports:

“The auto industry recalled almost 64 million vehicles for safety problems last year, a record, according to figures released on Thursday by the National Highway Traffic Safety Administration.

The number of recalled vehicles exceeded the total for the previous three years combined.

The agency and automakers faced intense scrutiny in 2014 and sometimes scorching criticism from Congress about whether safety defects were being investigated properly and vehicles recalled promptly….”

“An investigation last year by The New York Times of the N.H.T.S.A. found that the agency had frequently been slow to identify problems, tentative to act and reluctant to employ its full legal powers against companies….” “In a departure from its practice in previous years, N.H.T.S.A. did not release the number of recalls by manufacturer. But General Motors accounted for almost 27 million of the recalled vehicles, the automaker said.” See 

AP reporter Tom Krisher writes an excellent in depth article on a tragic Jeep crash.“As Kayla White slowed her SUV behind two other cars to exit a suburban Detroit freeway on Veterans Day, it was rammed from behind by a Cadillac STS. Her red 2003 Jeep Liberty bounced off a Nissan in front of it, rolled onto its side and exploded in flames.

Other drivers ran to help but were forced back by the heat. Firefighters arrived in just three minutes but were too late. White, a 23-year-old restaurant hostess who was eight months pregnant, died of burns and smoke inhalation….

“Heath had no alcohol in his system and wasn’t texting or distracted by his cellphone, says Cooper, the prosecutor. He faces up to a year in jail. Cooper says White’s “horribly tragic” death was the result of Heath’s careless driving.

But Douglas Hampton, Heath’s attorney, isn’t so sure. He has more investigating to do but will probably argue that White’s death was caused by the vulnerable fuel tank and that Heath shouldn’t be charged with causing her death.

“If it wasn’t for the gas tank, that would be an appropriate charge,” Hampton says.”

See http://www.pddnet.com/news/2015/02/fire-deaths-continue-after-fuel-tank-recall 

Blame the little guy rather than the big corporations, and we all continue to be in danger – needlessly.
Lou

 

IIHS Report on Crash Death Statistics by Make and Model for 2008 – 2011 Model Year Vehicles


IIHS Report on Crash Death Statistics by Make and Model for 2008 – 2011 Model Year Vehicles

January, 2015

Dear Care for Crash Victims Community Members:

IIHS publishes important real world data on Driver Death Rates.

See http://www.cbsnews.com/htdocs/pdf/Driver_DeathRates_sr5001_emb.pdf

Also attached.

Lou

 

NHTSA Announces $70 Million Consent Order Agreed to by Honda


NHTSA Announces $70 Million Consent Order Agreed to by Honda

January, 2015

Dear Care for Crash Victims Community Members:

NY Times reports Honda hit with record fines of $70 million (2 fines of $35 million each) for not performing required reports of data on deaths and injuries to NHTSA for over a decade.

“It is the largest amount that the safety regulator has ever levied against an automaker. The penalty stems from the automaker’s failure to report 1,729 death and injury claims to the agency for the past 11 years, and its failure to report certain warranty and other claims in the same period.

“Today’s announcement sends a very clear message to the entire industry that manufacturers have responsibility for the complete and timely reporting of this critical safety information,” Mark Rosekind, the new head of the agency, said Thursday.”  See 

http://www.nytimes.com/2015/01/09/business/honda-fined-70-million-in-underreporting-safety-issues-to-government.html?emc=edit_na_20150108

USA Today reports:

“Last year, NHTSA issued more than $126 million in civil penalties, which was a record. The agency says the total exceeded the total amount collected by the agency during its forty-three year history.

“These fines reflect the tough stance we will take against those who violate the law and fail to do their part in the mission to keep Americans safe on the road,” Foxx said.”  See 

http://www.usatoday.com/story/money/cars/2015/01/08/honda-fine-nhtsa/21445701/

Bloomberg News reports an interesting contrast between GM and Honda that raises questions about the relative safety of the two automakers:

“GM, eager to demonstrate proactivity in the wake of the biggest recall in its history, disclosed 102 death and injury reports per 100,000 vehicles sold in 2014 through November. By contrast, Honda disclosed 2.4 reports per 100,000 vehicles sold over the same period. “

And Bloomberg further notes what may be further future actions:

“The Center for Auto Safety, a research group that has been tracking recalls and defects since it was founded in 1970, asked transportation regulators in October to refer Honda to the Justice Department for a criminal investigation. It cited a 2009 fatality and an August 2013 incident resulting in serious injury that weren’t included in Honda’s Early Warning Reports.”  See

http://www.bloomberg.com/news/2015-01-08/honda-fined-record-70-million-for-underreporting-injury-claims.html

“The Center for Auto Safety responded to our inquiry:

“The Center for Auto Safety calls on the Justice Department to open a criminal investigation into Honda violating NHTSA’s Early Warning Reporting Regulation. $70 million is too small a price to pay considering Takata airbags is one of the defects Honda failed to report under EWR.  How many other deadly defects are concealed in the 1,729 death and injury claims not reported by Honda.  The company must waive all statutes of limitations at the state and federal level over potential recalls or lawsuits arising out of defects concealed in the unreported claims.” 

Open questions for NHTSA:  

1.  NHTSA has not yet responded to our inquiry as to whether its fines are tax deductible or not.

2.  NHTSA has not yet responded to our request for a link to the media briefing it held today and recorded at taxpayer’s expense.  It should be made publicly available.

Lou

 

NHTSA Neither Knows Nor Seems to Care Whether its Fines are Tax Deductible


NHTSA Neither Knows Nor Seems to Care Whether its Fines are Tax Deductible

January, 2015

Dear Care for Crash Victims Community Members:
NHTSA neither knows, nor seems to care, whether its fines are tax deductible.  NHTSA has responded as follows to my previous post: “Your question regarding taxes is properly raised to IRS or Honda.”

Unsigned from public.affairs@dot.gov

NY Times reports Honda hit with record fines of $70 million (2 fines of $35 million each) for not performing required reports of data on deaths and injuries to NHTSA for over a decade.

“It is the largest amount that the safety regulator has ever levied against an automaker. The penalty stems from the automaker’s failure to report 1,729 death and injury claims to the agency for the past 11 years, and its failure to report certain warranty and other claims in the same period.

“Today’s announcement sends a very clear message to the entire industry that manufacturers have responsibility for the complete and timely reporting of this critical safety information,” Mark Rosekind, the new head of the agency, said Thursday.”  See 

http://www.nytimes.com/2015/01/09/business/honda-fined-70-million-in-underreporting-safety-issues-to-government.html?emc=edit_na_20150108

USA Today reports:

“Last year, NHTSA issued more than $126 million in civil penalties, which was a record. The agency says the total exceeded the total amount collected by the agency during its forty-three year history.

“These fines reflect the tough stance we will take against those who violate the law and fail to do their part in the mission to keep Americans safe on the road,” Foxx said.”  See 

http://www.usatoday.com/story/money/cars/2015/01/08/honda-fine-nhtsa/21445701/

Bloomberg News reports an interesting contrast between GM and Honda that raises questions about the relative safety of the two automakers:

“GM, eager to demonstrate proactivity in the wake of the biggest recall in its history, disclosed 102 death and injury reports per 100,000 vehicles sold in 2014 through November. By contrast, Honda disclosed 2.4 reports per 100,000 vehicles sold over the same period. “

And Bloomberg further notes what may be further future actions:

“The Center for Auto Safety, a research group that has been tracking recalls and defects since it was founded in 1970, asked transportation regulators in October to refer Honda to the Justice Department for a criminal investigation. It cited a 2009 fatality and an August 2013 incident resulting in serious injury that weren’t included in Honda’s Early Warning Reports.”  See

http://www.bloomberg.com/news/2015-01-08/honda-fined-record-70-million-for-underreporting-injury-claims.html

“The Center for Auto Safety responded to our inquiry:

“The Center for Auto Safety calls on the Justice Department to open a criminal investigation into Honda violating NHTSA’s Early Warning Reporting Regulation. $70 million is too small a price to pay considering Takata airbags is one of the defects Honda failed to report under EWR.  How many other deadly defects are concealed in the 1,729 death and injury claims not reported by Honda.  The company must waive all statutes of limitations at the state and federal level over potential recalls or lawsuits arising out of defects concealed in the unreported claims.” 

Open questions for NHTSA:  

1.  NHTSA has not yet responded to our inquiry as to whether its fines are tax deductible or not.  

2.  NHTSA has not yet responded to our request for a link to the media briefing it held today and recorded at taxpayer’s expense.  It should be made publicly available.

Lou

 

NJ Firefighters Patent Way To Get Timely Lifesaving Information


NJ Firefighters Patent Way To Get Timely Lifesaving InformationTitle

January, 2015

Dear Care for Crash Victims Community Members:

One of our astute members sent me an excellent article on the work of two brothers working to invent software using their experience as firefighters to help save lives.  Seehttp://www.nj.com/news/index.ssf/2015/01/nj_firefighter_hopes_to_go_beyond_the_app_di_ionno.html

We must wish these brothers well.They have a lot of real world experience of the need to do better rescuing crash victims.  In 1997, I had the honor and privilege to work on this problem with leading researchers while I was at NHTSA.  In one of our papers published by NHTSA in 2005, we wrote:
“In future implementations, ACN and URGENCY information could save valuable time by alerting dispatchers that the crash severity information, e.g., rollover, near side impact, high Delta V, indicates heavy rescue teams might well be needed. In addition, since the ACN crash message includes the make and model of the crashed car, it is now
technically possible for heavy rescue teams to receive extrication information on the number of air bags, their location, and vehicle cut points specifically for the crashed vehicle – before arriving at the scene.”
But I must also point out that NHTSA and auto companies have been resistant – to say the least – for nearly two decades.  See research athttps://www.careforcrashvictims.com/assets/2005-urgency.pdf https://www.careforcrashvictims.com/urgency.php
Data on the 648,838 Americans who died of their crash injuries without being transported to any facility for emergency medical treatment over the years 1978 – 2011 are at https://www.careforcrashvictims.com/assets/2012-00872-FATALITIES.PDF
NHTSA classifies these American deaths as “Not Taken”.  The NHTSA fatality data is provided by year and by State.
The American people would benefit by a system whereby automakers provided the information sought by these brothers.  The auto companies have the information.  NHTSA has the duty to issue rules requiring such a national system.
The public needs to address the question: What’s holding NHTSA back?
We can all do better than we have so far.  These brothers are trying to help us all.
Lou

 

Obama Administration’s DOT Secretary Foxx to Favor Red States?


Obama Administration’s DOT Secretary Foxx to Favor Red States?

January, 2015

Dear Care for Crash Victims Community Members:

Clearly, as I wrote recently, in the next two years, many more Americans are likely to die of crash injuries in Red States than Blue States.  Inline image 1

 

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

And now we read in the Washington Post that the DOT has a forthcoming plan that may favor more Red States than Blue States.“The report being drafted by the Transportation Department draws in part on data compiled in recent years by such groups as the Miller Center at the University of Virginia and the American Society of Civil Engineers.

An ASCE report two years ago concluded that it would take a $3.6 trillion investment by 2020 to meet infrastructure needs, about $1.6 trillion short of current spending. The Miller Center said maintaining infrastructure at current levels required additional spending of $134 billion to $194 billion each year through 2035.”….

“The report will outline the challenge of rapid population growth, particularly the need for infrastructure expansion in the South and West, while meeting demand for replacing roads, bridges and other critical systems in the aging Northeast and Midwest.

“We’re going to have this huge influx of citizens, and a lot of that growth is going to happen in the South and West,” said Peter Rogoff, undersecretary of transportation for policy, describing a taffy pull for scarce resources. “There’s a natural tension.”  See

http://www.washingtonpost.com/local/trafficandcommuting/obama-administration-outlines-30-year-transportation-plan/2015/01/12/b15daf6a-9a60-11e4-a7ee-526210d665b4_story.html

One can understand the DOT focus on Trillion$ and Billion$ because that is the way they see their lobbyist filled world.  But citizens, taxpayers, and consumers need to focus on their safety — and that varies substantially by State.  For example WY had a crash fatality 4 times higher (worse) than MA in 2012.  See attached Ranking of States in 2012 by crash fatality rates.  But note that in MA 349 people died of crash injuries while in WY 123 people died of crash injuries.
So how will DOT allocate resources?  By politics?  By fatalities?  By fatality rates?   How should citizens, taxpayers, and consumers allocate their choices?  Vote blue?  Avoid vacation trips to high fatality rate States?  Avoid moving to high fatality rate States?  Buy safest vehicles?
As this plan is formulated citizens should recall whom they voted for and watch to see in whose interests these choices are made.  Remember Secretary Foxx is from the South.  And he, as have all Secretaries of Transportation, will say: “Safety is my number 1 priority.”  Yet each year the NHTSA Budget is less than 2% of the DOT Budget.
There is more than your money at stake.
Lou