Category: Blog

Sen. Markey Statement on Honda Plan for Nationwide Recall & NHTSA’s Regional Recall Failure


Sen. Markey Statement on Honda Plan for Nationwide Recall & NHTSA’s Regional Recall Failure

November, 2014

Dear Care for Crash Victims Community Members:

Press Release from Senator Markey:

FOR IMMEDIATE RELEASE

 

Contact: Eben Burnham-Snyder (Markey) 202-224-2742

 

Markey Statement on Honda’s Nationwide Takata Airbag Replacement Program

 

NHTSA should require all companies to do the same, notify all customers

 

WASHINGTON (November 17, 2014) – Senator Edward J. Markey (D-Mass.), who has called for a nationwide recall of the deadly, defective Takata airbags, today released the following statement regarding Honda’s unpublicized plan to allow customers nationwide to replace their airbags, not just the customers in the regional recall zones. Senator Markey is a member of the Senate Commerce, Science and Transportation Committee, and this news was reported first by AP.

 

“Our highway safety agency, not Honda, should have been the first to call for this nationwide replacement of deadly airbags. NHTSA should require a nationwide recall, and should require Honda and other affected car companies to immediately announce mandatory nationwide recalls to protect American drivers.

 

“Three of the four known deaths that have occurred from these deadly airbags happened outside of the regional recall boundaries, which prove that this haphazard geographic safety regime doesn’t work. It’s time to send this regional recall policy to the junkyard, and protect all drivers on America’s roads.”

 

NHTSA Authority, NHTSA Nominee, AZ Attorney General Sues GM, A Safer Future?


NHTSA Authority, NHTSA Nominee, AZ Attorney General Sues GM, A Safer Future?

November, 2014

Dear Care for Crash Victims Community Members:

Busy times in the difficult struggle for good over evil.

NHTSA Authority

NY Times editorial notes “Three Bills to Curb Corporate Wrongdoing”:“When it was learned this year that General Motors had long failed to notify regulators and the public about fatal ignition-switch defects, theoutrage in Congress was bipartisan. Recent reports in The New York Times that the Japanese manufacturer Takata hid deadly airbag defects are also sure to inspire rebukes from members of both parties. Takata has rebutted the reports, but lawmakers have appropriately scheduled a hearing for Thursday and called for a criminal inquiry by the Justice Department.…new laws are needed to deter corporations from covering up safety defects and punish those individuals and companies that do. Three bills introduced by Senator Richard Blumenthal, Democrat of Connecticut and a former state attorney general, would cover many of the prominent issues.”  See http://www.nytimes.com/2014/11/20/opinion/three-bills-to-curb-corporate-wrongdoing.html?emc=edit_tnt_20141119&nlid=37926955&tntemail0=y
NHTSA Nominee Mark R. Rosekind, Currently of NTSB
Reuters reports:

“According to the NTSB’s biography of Rosekind, he is “one of the world’s foremost human fatigue experts” and a founder of Alertness Solutions, a consulting firm that specializes in fatigue management.

Clarence Ditlow, executive director of the Center for Auto Safety, said he was surprised the nominee didn’t have a background in auto safety.

“Given the GM ignition switch and now Takata I would have expected someone with more of a hands-on experience in vehicle safety,” Ditlow said.

Senator John Thune, the top Republican on the committee that will consider the nomination, said he looked forward to hearing Rosekind’s “plans to address the rising number of motor vehicle safety recalls.”

See http://www.reuters.com/article/2014/11/19/usa-autos-nhtsa-idUSL2N0T931D20141119

AZ Attorney General Sues GM“The attorney general of Arizona said on Wednesday that the state had filed suit against General Motors, claiming that the automaker had defrauded the state’s consumers of an estimated $3 billion…. “In filing suit, Arizona has broken from a group of 48 state attorneys general that has been pursuing a multistate investigation into G.M. for its handling of the ignition-switch defect. The state had been on the executive committee of that multistate inquiry, led by South Carolina and Ohio.

“We’re proceeding with our own suit because it’s the best way to protect the citizens of Arizona,” Attorney General Thomas C. Horne, a Republican, said in an interview. “General Motors represented that it was taking care of the safety of its cars, and in fact there were serious defects that it did not disclose to the public for years.”  See

http://www.nytimes.com/2014/11/20/business/arizona-sues-gm-for-3-billion-over-recalls.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-news&WT.nav=top-news&_r=0

Who Will Win, What, Where, How, Why & When? Congressional Leaders Boehner and McConnell wrote about their Republican goals as reforming:

“• Excessive regulations and frivolous lawsuits that are driving up costs for families and preventing the economy from growing;

• An antiquated government bureaucracy ill-equipped to serve a citizenry facing 21st-century challenges, from disease control to caring for veterans;”  Seehttp://online.wsj.com/articles/john-boehner-and-mitch-mcconnell-now-we-can-get-congress-going-1415232759

For crash victims, past, present, and future, the answers may be found following the money.  About $4 billion was spent in the 2014 elections.
Let’s remember the lesson that “Eternal vigilance is the price of liberty.”
The next two years appear to be a tipping point in the struggle for a Safer future.
Lou

 

NHTSA Deputy Administrator David Friedman – One Year and 30,000 Lives Lost Later


NHTSA Deputy Administrator David Friedman – One Year and 30,000 Lives Lost Later

November, 2014

Dear Mr. Friedman – and Care for Crash Victims Community Members:

Nearly one year ago we met for the first time at the beginning of a NHTSA led FICEMS public meeting.  I introduced myself and asked about the prospects for positive changes for safety at NHTSA.  You smiled broadly and said “I am happy.”  I returned to my seat to await my 5 minute opportunity to speak with a deep sense of disappointment.  

In my testimony, I noted the need for national leadership in auto safety.
I asked for NHTSA to adopt a simple goal for “Timely and optimal treatment for serious crash injuries within a decade” and other related policies. My testimony is available at  https://www.careforcrashvictims.com/blog-petitiontoNHTSA.php

Here we are today, nearly one year, 30,000 crash deaths, and more than 100,000 serious crash injuries, later.  After regularly emailing you all my blog posts and reports and my petitions only to be unanswered by NHTSA, I sadly regret to note that I have tried to inform you of the public’s safety needs and potential positive actions you could take.

Little did I know at that time that Administrator Strickland was about to resign and take a job with the corporate law firm Venable, that has done work for Chrysler, leaving you as Acting NHTSA Administrator.  His resignation came just after a questionable agreement with Chrysler on the Jeep Recall for gas tanks exploding in fiery crashes.

This week you may be testifying before the Senate Commerce Committee facing many difficult questions that probably will not make you “happy” — nor anyone else happy.  I say this not in a sense of gloating, but in a deep sense of regret that my citizen efforts have not been sufficient to avoid this state of affairs for the American people.  “Told you so.” are bitter words of disappointment to express.  I wish I were in a position to express better words to say such as “Bravo!  Job well done!”

As my mother taught me “Next time better.”  Hopefully, in your remaining days at NHTSA you can do better.  The American people certainly need you to do better.  Many more lives and livelihoods depend on it.

Lou

 

Searching For GM Crash Victims 11 Years Later


Searching For GM Crash Victims 11 Years Later

November, 2014

Dear Care for Crash Victims Community Members:
The Search Too Slow for Too Many 

On November 10, 2014 the NY Times reported:

“WASHINGTON, Conn. — Jean P. Averill warranted only a footnote.

Her death in a car crash in 2003 appeared at the bottom of page 103 in the 315-page internal report on the failure of General Motors to disclose a deadly safety defect in millions of its small cars.

And even then Ms. Averill’s name was blackened out in the version of the report released to the public….

In May, The Times reported the identities of 12 of the 13 victims identified by G.M. through interviews, accident databases and communications from federal regulators. In those cases as well, the families said G.M. did not inform them that it had included their lost family member in its internal tally.

Ms. Averill’s relatives said it never crossed their minds to sue G.M. after the crash because nothing was known publicly then about the ignition-switch defect.

“We feel bad that we couldn’t have thought of doing something way back then,” Sam Averill said, “and it might have saved a lot of other lives.””  See 

http://www.nytimes.com/2014/11/11/business/11-years-later-death-is-tied-to-gm-defect.html?emc=edit_ws_20141111&nl=automobiles&nlid=37926955&_r=0

Actions Urged

On November 12, 2014, Center for Auto Safety (CAS) advocate Clarence Ditlow urged GM’s Feinberg to do more, faster, and better to identify crash victims.  See attached letters to Feinberg.

Bloomberg reported on Feinberg’s reaction to the Ditlow letter as follows:“Feinberg disagreed with Ditlow’s statement that claims are being handled too slowly, saying he has so far processed more than 800 requests for payment.

“We have processed every single claim that has been submitted to us with documentation,” Feinberg said. “All remaining claims –- in the hundreds -– have absolutely no documentation whatsoever.”…

“Our mandate is to do all we can to reach out to legitimate victims and help them to file claims,” Feinberg said in the e-mail. “We are not passively standing by and waiting for claims.”  Seehttp://www.bloomberg.com/news/2014-11-12/gm-claims-czar-may-seek-switch-related-cases-in-records.html

On November 12, 2014, Senators Markey, Blumenthal, and Nelson urged President Obama to act.  See attached letter.
GM Crash Victims?  
How many are there?   Tens as Feinberg reports 32 crash deaths he deems eligible as of Nov. 7, 2014?  See current GM Feinberg statistics attached. Hundreds as CAS reports 303 crash deaths (airbag non deployment)? Thousands as NHTSA FARS contains 1,751 occupant deaths in recalled vehicles in GM?  (Not all due to ignition GM defect.)   Or many more?  During the period 2000 to 2012, more than 130,000 people lost their lives due to crash injuries suffered as occupants of all GM vehicles — about 20 people per day.   This does not include pedestrians and others involved in fatal crashes with GM vehicles.  See https://www.careforcrashvictims.com/assets/MonthlyReport-June-July-2014.pdfWho are the GM Crash Victims?  
When asked, the GM Feinberg program responded:

“The only public information regarding eligible claimants is what appears on our website.

For obvious privacy and confidentiality issues – we cannot provide or make public any claimant’s personal information.”

When asked what if victims granted permission?The response was:

If the claimant wants to provide their own personal information to you or to the media or whomever  – they may certainly do so.

We will not provide it.“

For more info on the GM Feinberg program see http://www.gmignitioncompensation.com/
How Will Safety and Justice be served?
Time, Information, Money, Expertise, and Resources are needed.  
Time:  The GM Feinberg program set a deadline of December 31, 2014 for crash victims to submit claims to be evaluated for eligibility.  Not much time left.
Information:  Families of crash victims will have to find and document information on their crash and their injuries and consequences.  
Money:  Crash victims may not have much money to explore whether or not they can make a claim.
Expertise:  Crash victims often do not have access to the expertise needed to advocate for themselves.
Resources:  Crash victims do not have the organizational resources to find and join with others to build a political coalition for justice and safety.
Imagine if the NHTSA were not a captive agency.  Imagine if President Obama wanted to direct NHTSA to create a Task Force for Auto Safety and Justice.   Time, Information, Money, Expertise, and Resources:  Such a NHTSA Task Force would not be bound by an artificial deadline of December 2014.  It could analyze the information on the 130,000 GM fatal crashes in their databases as well as GM’s databases. It could work on behalf of all GM crash victims with the Justice Department and State Attorney Generals nationwide.  The limitations that crash victims face as individuals up against GM could be overcome by a NHTSA that was not captive.  See https://www.careforcrashvictims.com/assets/CFCV-MonthlyReport-March2014.pdf
President Obama can come out on the side of crash victims for both Safety and Justice.  
Lou

 

Nominee for NHTSA Administrator – Dr. Mark R. Rosekind


Nominee for NHTSA Administrator – Dr. Mark R. Rosekind

November, 2014

Dear Care for Crash Victims Community Members:

Please see  http://www.commerce.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=746dfdde-d672-42f9-9736-66115efeba9ehttps://www.ntsb.gov/about/bio_rosekind.htmlhttps://www.linkedin.com/in/mark-r-rosekind-ph-d-0009226/https://www.ntsb.gov/news/speeches/MRosekind/Pages/default.aspx

Lou

 

Airbag Recall, Regional Recalls, & Election Day For Better or Worse Safety

Dear Care for Crash Victims Community Members:

Airbag Recall Mess

Millions of Americans at risk of death and injury.  NHTSA apologizes.  Federal prosecutors investigating.

“The National Highway Traffic Safety Administration’s top official apologized late Wednesday for publishing inaccurate information in itsMonday warning about defective Takata airbags that may explode and for technical glitches that made its recall search page unavailable for much of the week.

In a statement, David Friedman, NHTSA’s deputy administrator, also said the agency has “identified the problem” affecting Takata airbags and is making sure cars are recalled in parts of the country “where there is a demonstrated risk.” The agency has recently focused its Takata efforts on high-humidity regions, including U.S. states along the Gulf of Mexico.

Meanwhile, the situation by Wednesday had attracted added scrutiny from lawmakers seeking to review the progress of NHTSA’s investigation into Takata, and from federal prosecutors who, according to The Wall Street Journal, are now investigating the Japanese supplier.”  See

http://www.autonews.com/article/20141022/OEM11/141029930/nhtsa-apologizes-for-mishandling-takata-airbag-recall-information

Regional Recalls Make No Safety Sense – Just Corporate Sense
Senators Markey and Blumenthal wrote NHTSA that NHTSA’s approval of regional recalls “makes no sense”.

“Last week, Senator Markey and Senator Richard Blumenthal wrote NHTSA about this policy, saying that it “makes no sense” and asked NHTSA to reevaluate these regional recalls.

“This is the time of the year when many Massachusetts residents make the long trek down to Florida to spend the winter and wait until Red Sox spring training starts. But what happens to them if their car is registered in the Bay State, and not the Sunshine State, under this regional recall system? Drivers could be driving a ticking airbag time bomb, and our auto regulators won’t ever tell them. It’s time to end this ludicrous policy that endangers our roads and puts lives at risk,” said Senator Markey.”

Regional recalls make no safety sense because all Americans deserve equal protection.
Election May Affect Safety For Better or Worse.
Senators Markey (MA) and Blumenthal (CT) are providing safety leadership of life or death importance for their constituents and all Americans.
Elections have consequences.  Motor vehicle fatality rates vary substantially State.  Year in and year out, Massachusetts has the lowest motor vehicle fatality rate of any State in the nation.  Connecticut is usually close as one of the safest States.
Based on my work to advance auto safety since 1978, I believe fatality rates by State vary for many reasons.   But one factor is the quality of governance at federal, State and local levels of government.  See the latest State fatality rates attached that show a high correlation between Blue States with better safety than Red States with worse motor vehicle safety records.
How many Americans know these figures for their States?
The NY Times is regularly publishing expected results of the forthcoming Senate elections in Blue & Red States.  The 8 State races currently rated “competitive” are as follows:
Blue: CO, NH, Iowa.
Red: Alaska, Georgia, NC, Kansas, Arkansas.
For anyone wishing a count of crash deaths since 2002 by State, by year, and by Congressional district you can use my Crash Death Mapping Tools athttps://www.careforcrashvictims.com/CrashDeathMappingTools.php
If more Americans only knew how much their safety and happiness needed to be, and could be, improved by their votes — and acted upon that knowledge we could help build a safer America.
Lou