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

Safety + Justice Delayed = Safety + Justice Denied


Safety + Justice Delayed = Safety + Justice Denied

November, 2014

Dear Care for Crash Victims Community Members:
Progress In Safety & Justice

Attorneys, Citizen Safety Advocates, Legislators, Investigative Reporters, and  Editorial Boards are collecting and analyzing the evidence that GM covered up the tragedies of defective ignition switches.  And who knows how much more?   And how many more tragedies are yet to be identified?  

The LA Times reports: “Blumenthal called for further testimony from Barra to explain the delay in notifying drivers and regulators.

Hilliard’s firm represents about 2,200 individual plaintiffs in cases that he said involve at least 100 deaths.”

“The total number of deaths caused by GM’s conduct will never be known, because their coverup was successful,” Hilliard said. “They covered this up for 10 years. As a result, vehicles are gone, accident records cannot be restored, and no one remembers what car it was that ran that stoplight and caused someone’s death. As a result, a large victim population will never see justice.”   Seehttp://www.latimes.com/business/la-fi-gm-emails-20141111-story.html

The NY Times reports:

““Delphi is refusing to participate in the cover-up,” said Robert C. Hilliard, one of three lead plaintiffs attorneys in federal multidistrict litigation against G.M. “They are fully and honestly disclosing what we have a right under the rules to know.”

The emails showing the December order were produced by Delphi during discovery in the sweeping federal litigation. Mr. Hilliard obtained permission from Delphi to declassify them. Their existence was first reported by The Wall Street Journal. Mr. Hilliard said he planned to depose current and former Delphi employees.”

How Much Justice & How Much Safety?
How much safety Americans get in the future is dependent upon how much justice past, present, and future crash victims receive.
As I recently wrote:   “The current reality is that GM vehicles are in 10,000 fatal crashes each year in the U.S.   About 7,000 are occupants of the GM vehicle and about 3,000 are persons killed in crashes with a GM vehicle.

As I have written, what GM and NHTSA have known since 2007 suggests the problems are bigger than the public knows.  Just the number of airbag non-deployment crashes analyzed by GM using OnStar data — and published by NHTSA in 2007 are alarming.  

“The number of frontal non-deployment crashes in 2005
amounts to 356 cases, or an average each day of about 1 such non-deployment frontal crash, where airbags met the GM deployment threshold.  Unknown is how many of these crashes GM and/or NHTSA investigated for defects, and outcomes since 2005.”  
Evidence of NHTSA and GM’s Failures Portend Changes Ahead

The evidence continues to grow.   When will we reach a tipping point?
Will there be a settlement that involves just money?  Or will there be a settlement that results in fundamental safety changes in both GM and NHTSA for the better?

Hopefully this will result in a substantial step toward meeting Vision Zero goals for the nation, GM, and all auto companies.”

Both Safety & Justice 
Whether Americans get the safety they need and deserve depends on how high up the chains of command are investigated in both courts of law and courts of public opinion.   Will former GM Chairman and CEO be deposed?
Will former NHTSA Administrator David Strickland be deposed?
Perhaps whistle blowers will add to the growing evidence that allows the public to connect the dots and see the picture of what has been happening to put and keep Americans in danger.
Crowd sourcing of who knew what, when, may be the factor that pushes America over the tipping point to achieve both safety and justice.
Lou

 

Automatic Crash Protection (Airbags) On The Road To Achieving Vision Zero


Automatic Crash Protection (Airbags) On The Road To Achieving Vision Zero

November, 2014

Dear Care for Crash Victims Community Members:

With all the tragic news about airbag problems, it is important to recall the important role of airbags in saving lives in the past, present, and future.  

A timely publication of Vision Zero brings us bitter sweet news: good news on airbag advances.   And the sad news that Claes Tingvall, the “Father of Vision Zero,” is retiring. Tingvall leaves us with an inspiring farewell.  See it at http://viewer.zmags.com/publication/24bb38a3#/24bb38a3/1

The world owes this Star of Safety from Sweden a sincere “Thank you!” for his service that will continue to save lives for years to come.

Lou

 

GM Recall Scandal – More Evidence on Who Knew What, When


GM Recall Scandal – More Evidence on Who Knew What, When

November, 2014

The GM Recall Defense yarn continues to unravel.

The Wall St. journal reports:“General Motors Co. ordered a half-million replacement ignition switches to fix Chevrolet Cobalts and other small cars almost two months before it alerted federal safety regulators to the problem, according to emails viewed by The Wall Street Journal.”  See

The NY Times reports:

“Nearly two months before notifying federal regulators and the public that it was recalling cars with a dangerously defective ignition switch, General Motors placed an urgent order for 500,000 replacement switches, emails to its supplier Delphi Automotiveshow.

The emails were sent on Dec. 18, 2013, a day after a crucial committee met to discuss the switch issue but declined to order a recall. Despite the official inaction, a G.M. employee sent an email to Delphi the next day requesting the half-million replacement parts for “an urgent field action for our customers.””   See

http://www.nytimes.com/2014/11/11/business/gm-ordered-replacement-ignition-switches-months-before-recall.html

The truth continues to become known raising additional questions about who knew what, when at GM and NHTSA.  These email dates closely coincide with resignations by GM Chairman and CEO Dan Akerson and NHTSA Administrator David Strickland’s Revolving Door decision and the elevation of Mary Barra to be GM CEO.
Lou

 

Airbag Recalls – Your Chance to Vote at USA Today


Airbag Recalls – Your Chance to Vote at USA Today

November, 2014

Dear Care for Crash Victims Community Members:

A great editorial in USA Today gives its readers a chance to agree or disagree.  Readers have a chance to agree with Editors and to disagree with NHTSA (my recommendations).

Care for Crash Victims Community Members have the expertise and knowledge to cast informed votes.  I encourage you to do so here.

VOTE FOR USA TODAY Editorial Here

This is an important way to let your views be known by many people worldwide.  As it is now many of us are in mortal danger of improper safety management decisions in government and corporations.  Please help build a Safer America.

Lou

 

U.S. Senators Call on President Obama to Nominate New NHTSA Administrator for Safety Reform


U.S. Senators Call on President Obama to Nominate New NHTSA Administrator for Safety Reform

November, 2014

Dear Care for Crash Victims Community Members:

Please see Press Release and Letter to President Obama that follows:

FOR IMMEDIATE RELEASE

 

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

Josh Zembik (Blumenthal) 202-224-6452

Ryan Brown (Nelson) (202) 224-1679

 

Senators Markey, Blumenthal & Nelson Call On Obama To Consider Safety Reform and Priorities When Nominating New NHTSA Administrator

 

Washington, D.C. (November 12, 2014) – Senators Edward J. Markey (D-Mass), Richard Blumenthal (D-Conn.) and Bill Nelson (D-Fla.) today sent a letter urging President Obama to review and reform the National Highway Traffic Safety Administration’s (NHTSA) safety mission when nominating its new Administrator. In the letter, the Senators urge President Obama to encourage and empower the new NHTSA administrator to take five key steps to improve public confidence in NHTSA: 1) improve transparency, 2) curtail regional recalls, 3) take dangerous cars off the road, 4) end voluntary service campaigns for safety defects, and 5) ensure sufficient resources for the agency. The Senators highlighted the recent Takata airbag recall, the GM ignition switch recall and the urgent need to reform NHTSA’s Early Warning Reporting (EWR) system.

 

“We believe this is an opportunity to improve NHTSA’s safety mission by providing the agency with strong leadership and reforming some of its practices,” write the Senators in the letter to President Obama. “NHTSA must alter its practices to require automakers to publicly release more information about accidents that could be caused by safety defects, upgrade its own safety databases, and do a better job of enforcing compliance with transparency measures intended to provide early warnings about potentially dangerous defects to the public.”

 

A copy of the letter to President Obama can be found HERE.   

 

This month, Senators Blumenthal and Markey called on the Department of Justice to open an investigation of Takata. And in October, Markey and Blumenthal sent a letter to U.S. Secretary of Transportation Anthony Foxx urging NHTSA to provide clearer guidance to drivers with potentially defective Takata airbags, and to urge NHTSA to issue an immediate nationwide recall on all-affected cars. Earlier last month, Blumenthal and Markey also called on David Friedman, the Acting Administrator for NHTSA, about NHTSA’s Early Warning Reporting system and the efficacy of the regional recalls.

 

In March, following the recall of more than a million GM vehicles after dozens of deaths and injuries, Senators Markey and Blumenthal introduced legislationto ensure auto manufacturers provide more information about incidents involving fatalities to NHTSA. The legislation, the Early Warning Reporting System Improvement Act, would require NHTSA make the information it receives from auto manufacturers publicly available in a searchable, user-friendly format so that consumers and independent safety experts can evaluate potential safety defects themselves.

 

###

Here’s hope for a Safer America.

Lou

 

Senate Hearing on NHTSA: Does Money & Power Corrupt & Endanger Us All?


Senate Hearing on NHTSA: Does Money & Power Corrupt & Endanger Us All?

November, 2014

Dear Care for Crash Victims Community Members:

Who is responsible?

Takata, GM, Jeep, Toyota and other vehicle defects (including defective Trinity guardrails under DOT FHWA responsibility) occurred since the year 2000.  
So since 2000, who have been in positions of power to influence DOT NHTSA auto safety policies and practices?  Seehttps://www.careforcrashvictims.com/blog-lastdecade.php
If the DOT NHTSA has been driving under the influence of powerful interests since 2000, is it any wonder that deadly defects occurred and persist to this day?  Millions of defective vehicles are still on U.S. roads endangering us all.
Tests of NHTSA’s Corporate Captivity
*  Why won’t NHTSA simply publish crash fatalities and fatality rates by auto manufacturer each year?  GM alone is involved in about 10,000 crash fatalities each year in the U.S.A.
*  Why won’t NHTSA simply set a national goal to rescue crash victims and get them to definitive emergency medical care within the Golden Hour by 2020?  Within a decade? *  Why won’t NHTSA simply count unborn babies that die with their mothers in crashes?
Money and Secrecy Corrupt Safety & Justice

DETROIT (Bloomberg) — Confidential settlements over defective Takata Corp. airbags are sealing off relevant information that other victims could use to pursue injury claims.

The accords make financial sense for the settling parties, but Takata and other defendants, including Honda Motor Co., General Motors Co. and Fiat Chrysler Automobiles NV, get an extra advantage in keeping damaging information out the hands of outsiders interested in suing them.

The quick, secret deals — a cornerstone of product liability litigation across industries — help explain why, years after the first recalls, so much remains unknown about defects linked to four deaths in the U.S. The few cases filed have generally been resolved before victims’ lawyers acquired evidence.  Source:

http://www.autonews.com/article/20141117/OEM11/141119863/airbag-settlements-keep-details-from-other-victims-of-accidents

GM Victim’s “Compensation” Program – Keeping It $hort
GM Feinberg program extended for countless victims by just 1 month.  Automotive News finds victim that GM knew about but the victim did not know about the program.

“”I believe that the many efforts to reach all possible GM automobile owners, former owners and others who might have been adversely impacted by a defective ignition switch have been both comprehensive and effective,” Feinberg’s statement said.

“There will always be some individuals who do not receive formal notice and are generally unaware of available compensation.  But such individuals appear to be very few in number.”

In its statement, GM said: “We agreed with Ken Feinberg’s recommendation to extend the compensation program deadline. Our goal with the program has been to reach every eligible person impacted.”

One of them was Jamie Frei — a 20-year-old Marine when his Chevrolet Cobalt hit a tree north of Philadelphia in December 2006. The airbag failed, and he spent 29 days in a coma before waking up and learning how to walk again.

Page 130

Frei’s name appeared on pages 130 and 131 of the lengthy report detailing GM’s internal investigation into faulty ignition switches on his and 2.6 million other cars, though it was blacked out in the publicly released version of the report. His accident was denoted by a small diamond on a graph prepared for the GM executives who approved a recall in January.

On another page, his injuries were classified as “moderate.”

But Frei says he didn’t know GM had established a compensation fund for people injured or killed in crashes linked to the ignition switches until he was contacted last week by an Automotive News reporter.

“I had no idea,” said Frei, who eventually recovered enough that the military deployed him to Afghanistan. “I haven’t heard from [GM] since 2008.”

That’s when Frei agreed to a settlement with the automaker, court records show. Under the compensation program being administered by lawyer Kenneth Feinberg, Frei could be eligible for a much larger amount: $385,000, based on the length of his hospital stay.

Hints last week

Sunday night’s announcement came after Feinberg hinted last week that he is considering extending that deadline and doing more to contact potential victims who haven’t filed a claim, in response to requests last week from lawyer Bob Hilliard and safety advocate Clarence Ditlow. 

Hilliard has submitted numerous claims to Feinberg, whom he described as being fair in decisions returned so far. On Wednesday, Hilliard was hired by the family of Jean Averill, a Connecticut woman whose 2003 death was among the first 13 fatalities that GM linked to the defect. Averill’s family didn’t know of the connection until informed this month by The New York Times, which Hilliard called “stunning,” given that the family has lived on the same fruit farm for 10 generations.

GM said on Friday that it has since contacted Averill’s family, attributing the delay to the fact that the 2004 claim related to her crash had come from an insurance company. Spokesman Jim Cain said GM has worked aggressively to notify owners of the affected cars about the recall and the compensation fund, with the latest round of 5.3 million letters from CEO Mary Barra set to go out this week.

“Extensive effort” 

“It’s been a really extensive effort,” Cain said. “Our goal here is to reach everyone who has a potential claim to invite them to participate.”

Feinberg had received 1,851 claims, including for 202 deaths, and approved 67 of them as of Nov. 7.

GM also turned over its claim files to Feinberg, who has mailed forms as well, but Hilliard said Dec. 31 is too soon to shut people out.

“There’s absolutely no reason not to keep the fund open for another year. It’s just an arbitrary date,” Hilliard said.

“When I see a Cobalt at the gas station, I go up and say ‘Do you know your car’s been recalled?’ and nobody does.”  Source:

Elections have consequences for people, parties, and our future safety.
In this past week’s elections, money (highest ever) and message (or lack thereof) contributed to a shift in control of the Senate from Blue States to Red States.  The people who will die or suffer serious crash injuries are more likely to die in Red States.  (Fatality rates are generally higher in Red States than Blue States based on 2012 data).  See attached State rankings.
So if money can be outweighed by public safety interest and message, then the public interest may be advanced in safety with bipartisan support.  Based on Nader’s thoughts in his new book Unstoppable, neither Republicans, Democrats, nor Independents want to die of crash injuries at the higher rates found in Red States.
Lou