Category: Blog

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

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