Category: Blog

GM Feinberg “Compensation” Plan – How Long Do Crash Victims Have To Just Apply?


GM Feinberg “Compensation” Plan – How Long Do Crash Victims Have To Just Apply?

November, 2014

Dear Care for Crash Victims Community Members:

Thanks to the “generosity” of the GM Feinberg “Compensation” current plan, crash victims have been “given” an extension of 1 month until the end of January 2015 to just apply to be deemed eligible.  (Is there a connection between that date and the control of the Senate?)

Senator Richard Blumenthal has rightly stated: ““This incident illustrates the need to reconsider and substantially modify – if not eliminate – these arbitrary compensation fund deadlines. I commend and appreciate the spirit that is reflected in extending the deadline, but the practical effect is inadequate. Victims must have a meaningful choice between accepting compensation through the fund and pursuing their claims in court, and that choice can’t be made until the outcomes of the bankruptcy proceeding and the Department of Justice investigation are known. Right now, injured parties do not know enough about their legal rights or facts to make an intelligent or informed decisions. They will not know the full extent of their rights until the bankruptcy court decides whether to lift the liability shield that GM now unjustifiably hides behind.

“GM should either commit to waiving its bankruptcy shield in all pending legal actions, or permit all victims who qualify for the fund to postpone their acceptance of their compensation until the completion of the Department of Justice investigation into GM’s possible criminal actions.

“GM’s failure to notice the Averill family remains a shocking contradiction of whatever public trust the company was taking steps to rebuild. General Motors still must immediately provide proof that they have notified each of the families they know to have been harmed by their defect and direct Mr. Feinberg to make future extensions to the fund deadline if evidence is presented that there are other families, like the Averills, from whom information is being withheld.””  See

GM Feinberg Current Victim “Compensation” Plan
The NY Times provides important insight into the current plan.“The families of people killed or injured in crashes involving General Motors cars that had a deadly ignition switch defect will have an extra month to submit claims for payment under G.M.’s victim compensation program.

Kenneth R. Feinberg, who administers the compensation fund, has decided to extend the deadline to Jan. 31 to give more time to families who might not be aware of the program.

The extension comes a week after The New York Times revealed the identity of Jean P. Averill, who was killed in a 2003 crash of a Saturn Ion at the age of 81. Hers was the earliest fatality G.M. connected with the ignition defect. Until informed by The Times, the family had not known of the company’s compensation program or that it was eligible to receive a minimum of $1 million from the fund. At that time, the family said it had never been contacted by the automaker.”  See

http://www.nytimes.com/2014/11/17/business/deadline-extended-for-gm-accident-claims.html?mabReward=RI%3A10&action=click&pgtype=Homepage&region=CColumn&module=Recommendation&src=rechp&WT.nav=RecEngine&_r=0

And for a peek into how the GM Feinberg program currently operates:

“WASHINGTON — If this Monday is like almost every other one this fall, the death toll from General Motors’ defective ignition switch will rise.” See 

http://www.nytimes.com/2014/11/16/business/-cold-numbers-on-gm-crisis-a-peek-inside.html?action=click&contentCollection=Business%20Day&module=RelatedCoverage&region=Marginalia&pgtype=article

Crash victims will continue to be identified.  As will the efforts by GM to limit their payouts to victims – and the need to drastically improve safety for their customers and the public.

Too slowly, but the public is at least now learning what has been happening and who is responsible for all this preventable suffering.

Lou

 

Takata’s Tragic Airbag Mess – A Suggestion for A Safer Future


Takata’s Tragic Airbag Mess – A Suggestion for A Safer Future

November, 2014

Dear care for Crash Victims Community Members:

Takata’s Tragic Airbag Mess

Takata is going through a deservedly terrible time facing mounting financial losses and calls for Federal criminal investigation of tragic mismanagement decisions.  See excellent coverage athttp://www.nytimes.com/2014/11/08/business/criminal-inquiry-into-takata-airbag-allegations-is-sought.html?hp&action=click&pgtype=Homepage&module=second-column-region&region=top-news&WT.nav=top-news&_r=0
Suggestions For A Safer Future

I would like to offer a silver lining of hope for positive changes for safety that may result from this tragic current reality.  With first hand knowledge, I can say that Takata has excellent scientists and engineers of integrity that can, and are needed to, advance safety with airbag technologies in and outside of automobiles.  For examples, think pedestrian protection outside autos and child protection inside autos.

A recent NY Times series of articles on falls among the elderly reminded me of a long gone pioneering leader in the development of airbags – Dr. Carl C. Clark that I had the privilege to work with at NHTSA.

The NY Times reported on CDC statistics as follows:“The dangers are real. The number of people over 65 who died after a fall reached nearly 24,000 in 2012, the most recent year for which fatality numbers are available — almost double the number 10 years earlier, according to the Centers for Disease Control and Prevention. And more than 2.4 million people over 65 were treated in emergency departments for injuries from falls in 2012 alone, an increase of 50 percent over a decade. All told, in the decade from 2002-2012, more than 200,000 Americans over 65 died after falls. Falls are the leading cause of injury-related death in that age group.”

See http://www.nytimes.com/interactive/2014/11/03/health/bracing-for-the-falls-of-an-aging-nation.html?module=Search&mabReward=relbias%3Aw%2C{%221%22%3A%22RI%3A8%22}http://www.cdc.gov/homeandrecreationalsafety/falls/adultfalls.html

I would add that an aging population is not just a problem in the U.S. but in Japan and other places around the world.

Eighteen years ago, and perhaps 300,000 American fall deaths of people over the age of 65 in the U.S. alone, the Baltimore Sun wrote an article about Dr. Clark’s prescient work.  

“As his grandchildren’s laughter filters through the screen door, Carl Clark talks about his commitment to cushioning life’s blows. Retired from the National Highway Traffic Safety Administration, the 73-year-old scientist is still advocating interior air bags for airplanes, trains and school buses. He’s promoting ,, exterior air bags that spring from auto bumpers. He’s even invented a wearable air bag that inflates to prevent broken hips in the elderly.

Clark has spent 35 years urging the use of air bags — a concept he helped develop in 1961. Now, faced by widespread alarm over air bag-caused deaths, his biggest fear is that people will disconnect the devices he’s worked so hard to give them.”

A Safer Future Is Ahead – But Why Does it Take So Long?
I have worked for many years with good scientists and engineers.  I have also seen too many bad management decisions in both corporations and government agencies that have caused too much needless death and injury to the public.  
Ralph Nader, in his new book “Unstoppable” recommends 25 Reforms.  One is that we “Allow taxpayers the standing to sue, especially immunized governments and corporations.”
Then maybe it would not take so long to save lives and prevent tragedies for people and organizations – and we would create a Safer Future sooner.
Lou

 

While GM & NHTSA Fiddle Crash Victims Burn


While GM & NHTSA Fiddle Crash Victims Burn

November, 2014

Dear Care for Crash Victims Community Members:

Too Little Too Late For Too Many Crash Victims

The NY Times reports:

“Nearly nine months after General Motors began recalling millions of its cars for a dangerously defective ignition switch, almost half of the vehicles still have not been fixed….

One of the unrepaired vehicles was a red 2006 Chevrolet Cobalt that crashed here the night of Oct. 9, killing its 25-year-old driver, Brittany Alfarone. Her mother, Dierdre Betancourt, said she had tried to fix the car twice, but two dealers turned her away….

Joseph Brini was driving behind Ms. Alfarone the night of the accident. He said it seemed as if the driver was wrestling with the car. “My feeling is she was trying to get some control,” he said. “The poor girl had no control of the car.”

The vehicle slammed into a guardrail and erupted in flames. The county medical examiner listed the cause of death as thermal burns, asphyxiation because of carbon monoxide and laceration of the liver, a condition that some auto engineering experts say suggests, based on Ms. Alfarone’s slight build, the airbag did not deploy.”  See

Automotive News reports: “A program to compensate victims of accidents caused by a faulty ignition switch in General Motors vehicles has received 1,772 claims for injuries and deaths, a 12 percent increase from the previous week, according to a report updated today. ”  Seehttp://www.autonews.com/article/20141103/OEM11/141109972/gm-ignition-switch-claims-rise-12-percent
How many more tragedies will Americans experience before this problem is responsibly fixed?
For past, present, and future crash victims will GM still shut the door on claims on December 31, 2014?
For additional Automotive News reference materials on the GM Recall see  http://www.autonews.com/theme/The%20GM%20recall
Remember that there are about 1,000,000 of these Sudden Loss of Power and Control (SLOPAC) defective vehicles still on the roads.   They continue to endanger not just their occupants but all Americans that they may crash into.
When will President Obama call a national conference on this public health problem at the White House?   Before or after more tragedies?
Lou

 

Airbag Tragic Mess, NHTSA Tragic Mess


Airbag Tragic Mess, NHTSA Tragic Mess

November, 2014

Dear Care for Crash Victims Community Members:

The Automotive News published an excellent article (and related articles) on these two tragic messes.

“For the second time this year, a long-standing defect linked to deaths and injuries has triggered a mushrooming auto-safety crisis, lending more fuel to criticism that federal regulators haven’t done enough to protect consumers from such dangers.

Ten automakers have issued recalls for millions of airbags that, rather than save drivers and passengers in a crash, can explode with a lethal spray of jagged metal.

The flaw is connected to two deaths in what were otherwise fender benders, and two others may be related; just this month, a Florida woman died with such unexpectedly severe gashes in her neck after a crash that police reportedly suspected homicide — until a recall notice for the vehicle arrived the following week.

Perhaps most unnerving to consumers, the problem doesn’t yet appear to be contained. On Wednesday, Oct. 22, two automakers told Automotive News that they couldn’t say for sure whether all of the bad airbags had been identified….After watching the agency she ran in the 1970s stagger last week, former NHTSA Administrator Joan Claybrook put it bluntly: “I think they’re having a meltdown.”…. “I am flummoxed by this,” Claybrook said, dismissing the regional tack as a cost-saving maneuver. “This is not a regulatory agency; it’s an auto industry booster agency.””

See http://www.autonews.com/article/20141026/OEM11/310279955/nhtsa-back-in-cross-hairs-as-airbag-crisis-escalates

The tragic truth continues to emerge.   The Obama Administration’s feckless failures to protect Americans continues to produce tragedies.  Shameful, willful, repeated inaction and actions putting and keeping corporate servants in positions of power and influence over people’s lives.  Not what the American people voted for but what corporate lobbyists pay for.  Picture the $4 billion to influence just this year’s election.  

Lou

 

Bad Guardrails and Good Governance


Bad Guardrails and Good Governance

October, 2014

Dear Care for Crash Victims Community Members:

The NY Times has identified and mapped the 13 States that have banned dangerous guardrails.  Current status: 9 Blue States: MA, CT, NH, OR, CO, NV, VA, VT, HI

4 Red States: AZ, MO, LA, MS
Then consider the 37 States that have not yet banned bad guardrails.  Shouldn’t the American people know about this before election day?  It is a matter of life or death importance. Readers and media can use our Crash Death Mapping Tools to determine crash deaths since 2002 by year, State, and Congressional District athttps://www.careforcrashvictims.com/CrashDeathMappingTools.php
And, what about governance by the DOT Federal Highway Administration?  The Obama Administration should not only review NHTSA but also FHWA for its failures to protect Americans.
We can, and must, do better protecting Americans from crash deaths and serious injuries.

Lou

 

Recalls Not Repaired Endangering Us All


Recalls Not Repaired Endangering Us All

October, 2014

Dear Care for Crash Victims Community Members:
GM Recalled Vehicles Not Repaired

“More than 1 million GM vehicles recalled are still not fixed….

There has been at least one fatal accident involving a recalled car since the recall was announced. Lara Gass, 27, was killed in an accident on Interstate 81 in Virginia on March 18 when her Saturn crashed into a tractor trailer on a snowy road. The fire that consumed the car made it impossible to know how many keys were on her key ring, according to the state police.”

And that’s just GM recalled vehicles for the ignition switch defect.  

Millions More Recalled Vehicles Not Repaired

An excellent article by Rachel Cohen addresses the larger “recalled but not repaired” problem of vehicles endangering us all – and known about by NHTSA and auto companies for years.“In the United States, about one in every six cars on the road, or 37 million vehicles, has an unfixed safety recall. These are not minor problems; in safety recalls, the manufacturer or the National Highway Traffic Safety Administration (NHTSA) has determined that a car or piece  of motor vehicle equipment poses an unreasonable risk to safety or fails to meet minimum safety standards. When a recall is in effect, manufacturers are legally obligated to do the repairs for free. Consumers, however, are not required to fix their car, regardless of the defect’s severity. In 2011, the Government Accountability Office (GAO) found the annual recall compliance rate in the United States averages 65 percent.”

See http://prospect.org/article/road-hazard-millions-autos-us-highways-recalled-not-repaired

More evidence that NHTSA is guilty of DUI — corporate influence.

Lou

 

Your Safety and The End of Daylight Savings Time in the U.S.


Your Safety and The End of Daylight Savings Time in the U.S.

October, 2014

Dear Care for Crash Victims Community Members:
Let There Be Light and Safety

It is that time of year when days are shorter and visibility becomes more important for your safety.  Sunday Nov. 2nd is the end of Daylight Savings Time in the U.S.

For pedestrians and cyclists it is a safe idea and good practice to wear light reflective materials.   Years ago the Federal Highway Administration published a poster for the public with the statistic that 60% of pedestrian fatalities occur between the hours of 6:00pm and 6:00am.  The “Be Safe, Be Bright” poster shows distances at which pedestrians can be seen wearing clothing of different colors – and retro reflective materials.

Check it out at https://www.careforcrashvictims.com/besafe.php

Car Color: Let There Be Light – White, and Safety

For years at NHTSA I tried to get a statistical analysis on the fatality risk of vehicles by color: White vs. other colors.  There were always excuses why it should not be done.  Only after I retired did I see some Researchers in Australia were independent enough to do such a study.  They found White to be statistically about 10% safer.  See it attached and at http://www.monash.edu.au/miri/research/reports/muarc263.pdf

The fact is this is one of the cheapest ways for a consumer to get a 10% increase in safety.   I have often wondered why this has been kept from the public by NHTSA and others.  The public should too. 

Vehicle paint colors can be made iridescent too to be more visible at night.  In fact, the 1973 airbag  vehicles made for the government by GM were painted in iridescent green.  Auto safety expert Byron Bloch sent me the following note and attached picture:

“Attached are two of my photos showing the 1973 Airbag Chevy Impala that I own, alongside the NHTSA “safercar.gov” rendition showing how they modified their 1973 Airbag Chevy.    These two historic cars were displayed at the official NHTSA Exhibit at the 2011 ESV Conference at National Harbor in Washington, D.C.    My car is in the historic GM iridescent green-gold of their original mass-production fleet of 1,000 identical cars, and to my knowledge is the last remaining example. 
Please also refer to  www.vimeo.com/1553230  for further information about this 1973 Airbag Chevy and GM’s early-1970’s development program of their ACRS – Air Cushion Restraint System.”

Note the NHTSA “Safer Car” picture.  It shows how NHTSA painted over the original iridescent green GM paint.  The public should wonder why NHTSA made the color and other changes to the original vehicle rather than preserving it as a historical example of safety vehicles from 40 years ago.

Lou