Don’t Settle, NHTSA

Yesterday, the agency sent General Motors an extraordinary 27-page Special Order compelling the automaker to answer 107 questions about an ignition defect in the 2005-2007 Chevy Cobalt and six other models that claimed at least 13 lives and injured at least 31.

Retired NHTSA senior enforcement lawyer Alan Kam said that he’d never seen anything like it.

We are encouraged by NHTSA’s aggressive and swift action, and we are hoping and wishing and praying for actual enforcement follow-through that benefits and protects consumers, rather than merely burnishes the agency’s image.

We all know – including GM – that a big, fat fine is in their future for failing to launch a recall within five days of discovering a defect, as Marietta, Ga. attorney Lance Cooper found out. Cooper obtained internal documents during the discovery phase of a lawsuit on behalf of the family of the late Brooke Melton, showing that GM engineers discovered in 2004 that the ignition of the 2005 Cobalt could wander from the run to off or accessory position while the vehicle is underway. 

GM Folds, Where's the Fine?

On the First Day, attorney Lance Cooper called GM out on its recall of the 2005-2007 Chevy Cobalt and Pontiac G5 for an ignition switch problem that, the automaker announced, was linked to six deaths.

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Why Civil Litigation Matters to Safety: GM Edition

If you want to know why civil litigation matters to safety, take these links over to USA Today and read James Healey’s fine coverage of General Motor’s crappy, nine-years-too late 2005 Cobalt and Pontiac G5 recall, and attorney Lance Cooper’s request to the National Highway Traffic Safety Administration for a Timeliness Query investigation. (6 Killed in GM Cars with Faulty Ignition Switch; Lawsuit: GM Knew of Cobalt Ignition Problem; and Lawyer Asks Feds to Explain Recall Timing)  

After settling a lawsuit in which a 29-year-old woman died in crash caused by a defect known within GM since 2004, the automaker announced that it would recall a subset of vehicles plagued by ignition switches that wander from the run to the accessory or off position. These shifts  create an emergency situation while the vehicle is underway, disabling the airbags while cutting off the engine power, power brakes and power steering. The defect, which GM engineers discovered in 2004, before they began selling the 2005 Cobalt, was the central issue in Melton v General Motors.

Brooke Melton, 29, died in 2010 when the ignition switch in her 2005 Cobalt slipped into the accessory position as she drove along Highway 92 in Paulding County, Ga. Melton’s Cobalt skidded into another vehicle; she died of her injuries in the crash.

The incident was initially attributed to Melton simply losing control of her car on a rainy night. But the Melton family sought the counsel of attorney Lance Cooper, after facing a legal claim from the driver in the other vehicle. Cooper, a veteran of motor vehicle defect litigation, saw something that many lawyers would have overlooked and filed suit against GM.  The records he pried out of GM’s hands after 18 months of requests for production and a court order compelling the automaker to produce what it knew about the defect, revealed a long, sorry history. GM engineers had discovered the ignition switch problem during the Cobalt’s production stage, but the company sold them anyway. GM began to receive complaints about the problem almost immediately, and tried to make them go away with an October 2005 TSB covering the 2005 Cobalt and with a later TSB involving later model years of the Cobalt, the Pontiac G5, along with 2006-2007 Chevrolet HHR, the 2005-2006 Pontiac Pursuit in Canada; the 2006-2007 Pontiac Solstice; 2003-2007 Saturn Ion; and 2007 Saturn Sky. This “fix” – an ignition key cover that changed the design from a slot to a key hole – did not solve the problem.

Time to Call BS: Why Safety Groups Sued DOT Over Backover Rule Delay

Last week, a consortium of safety groups and advocates decided it had had enough of the delay tactics in publishing a final rule establishing a rear visibility standard and sued the Department of Transportation.

“We are going through the motions of trying to put pressure on the system to cough out the rule,” says attorney Henry Jasny of Advocates for Highway and Auto Safety. “We’ve got a new Secretary of Transportation, and to help him along we figured we’d get the court involved.”

The petitioners before the U.S. Court Of Appeals’ Second Circuit in New York includes three organizations – KidsAndCars, Advocates for Highway and Auto Safety and Consumers Union – and two New York residents who have backed over their children – Sue Auriemma of Manhasset and pediatrician Greg Gulbransen of Syosset. The 2008 Cameron Gulbransen Kids Transportation Safety Act was named for two-year old Cameron Gulbransen, who was killed when his father accidentally backed over him in the family’s driveway. It required the agency to issue a Final Rule amending Federal Motor Vehicle Safety Standard (FMVSS) 111, the rearview mirror standard, to, for the first time, define what a driver sees in the rear when backing up to detect pedestrians immediately behind his or her vehicle. The law forced the agency to address a significant design flaw – especially in SUVs – of expanded blind zones caused by the vehicle’s height and bulk. Dramatic pictures from KidsAndCars shows as many as 62 children arrayed directly behind an SUV that would be unseen by driver checking the rearview mirrors.

[flashvideo file=video/KAC_62Children30.flv image="video/KAC_62Children30_Preview.jpg" /]

The original statutory deadline was February 28, 2011, but the Final Rule has been delayed four times, and now is on track to be completed four years after the deadline. In one of his last acts, former Secretary of Transportation Ray LaHood sent another letter to Congress delaying the issuance of a Final Rule until January 2015. (The new Secretary of Transportation, former Charlotte, North Carolina Mayor Anthony Foxx, started in July.)

Another Secret Chevy Volt Investigation?

One word journalists like to use in headlines about the all-electric Chevy Volt is “shock” – as in “Electric Shock: Is GM Really Losing $49,000 on Every Volt Sale?” and “Chevy Volt Continues to Shock and Awe After a Week on the Road” and “Chevrolet Volt: Electric sedan sends shock waves through auto industry.”

An electric vehicle is going to invite those metaphors, right? But three months ago, a driver from California made a complaint to the National Highway Traffic Safety Administration that was literally shocking. On December 1, the driver received what was described as a significant electric shock from the gear shifter:

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Another Domino Falls: GM Adds Tire Age Warning

On July 3, 2010, three generations of the Taylor family were returning from a family vacation in Disneyland to their home in Phoenix, when the right rear tire on their 2003 Chevy Trailblazer experienced a catastrophic tread separation. John Taylor, a retiree who worked all 38 years of his career at General Motors, lost control of the vehicle on I-10, about 45 minutes from home. The Trailblazer rolled over, fatally crushing Taylor and killing his 8-year-old grandson Quinn Levi, who was ejected when the third-row seat belt unlatched. Taylor’s wife, Eileen, his son-in-law, Bill, and his daughter Susanne Levi, who bought the Trailblazer with her father’s employee discount, suffered upper body injuries. The youngest son, secured in a child safety seat, was unharmed.

The tire that failed was a seven-year-old full-sized spare that had been rotated into service in 2007. Before that, it stayed stored in the spare well, right up near the engine exhaust system, where the hot exhaust pipe, combined with the brutally hot climate of Phoenix, accelerated the thermo-oxidation of the BF Goodrich Rugged Trail tire, diminishing its strength.

“This was the perfect storm” says Phoenix attorney Curt Clausen, who represents the Taylor-Levi family in a civil lawsuit against manufacturer General Motors.

Safety Research & Strategies Takes DOT and NHTSA Transparency Battle to Court; Sues for Toyota Investigation Documents

WASHINGTON, D.C. – Safety Research & Strategies, a Massachusetts safety research firm that advocates for consumers on safety matters, sued the National Highway Traffic Safety Administration today over the release of Toyota Unintended Acceleration investigation documents.

The civil action, filed in U.S. District Court for the District of Columbia (Civil Action No. 11-2165), alleges that the U.S. Department of Transportation and NHTSA violated the Freedom of Information Act by withholding public records involving an unintended acceleration incident reported by a 2007 Lexus RX owner in Sarasota Florida, and requests the court to order their release.

“One of President Obama’s first acts was to issue an Executive Order on transparency and open government, pledging a commitment to creating ‘an unprecedented level of openness in government,’” says SRS founder and President Sean E. Kane. “The DOT and NHTSA have pledged transparency but have consistently kept vital information from the public.  The agency’s numerous investigations into Toyota Unintended Acceleration have been characterized by continued secrecy, preventing a full accounting of their activities and the complete replication of their analyses by independent parties.  This lawsuit asks the court to compel the release of documents that are relevant to a significant safety recall.”

Slow Burn: Chevy Volt Fires

That DOT Secretary Ray LaHood is always yakking about transparency – at his confirmation hearing, at budget hearings, about airline fees, and business flight plans. During the U.S. House of Representative’s Toyota Unintended Acceleration hearings in February 2010, when Congressman Ed Markey asked the Secretary of Transportation:

“What do you think about the public in terms of them providing – being provided with more information regarding potential safety defects that automakers tell the department about even before an investigation is opened or a recall is announced?

LaHood replied: “Need for transparency.  The more information we can give the public, the better.”

Unless…..the defect is really bad, and the press will be on it like white on rice and it involves a major automaker, whose fortunes are tightly entwined with the government. Yes, we’re looking at you General Motors. (Or, as some would have it, Government Motors.)

“I don’t where I got the nerve, but it sure felt good.”

So says Christina Catalano, after her brief confrontation with Chrysler CEO Sergio Marcchione at a dinner yesterday night sponsored by Automotive News World Congress, as part of the North America International Auto Show in Detroit.

Catalano is the daughter of Linda Catalano who died on August 3, 2008.  The 55-year-old mother and grandmother had completed a garage sale and had left her home several blocks away to collect the remaining sale signs along the road.  She evidently stopped the vehicle along the roadway to pick up a sign.  She placed her vehicle into what she must have believed to be Park and opened the door and stepped out of the Chrysler Mini-Van to pick up her signs, with the engine running and the driver’s side door open.  The vehicle then “self-shifted” into reverse, knocking Catalano to the ground and dragging her underneath the left front tire, where it pinned her.

SRS Requests GM Brand Cars and asks NHTSA to Change NCAP Designations for Vehicles with Deleted "Standard" Side Airbags

Safety Research & Strategies continuing investigation into the "fleet delete" option that allowed GM fleet buyers to purchase vehicles without "standard" side curtain airbags reveals that bagless cars are still being sold to the public as having the feature. (SRS Investigation)

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