DOT & OMB: Are you using CEA or CBA rulemaking? Road to Zero requires Vision Zero Rulemaking

I have a simple request for the Department of Transportation and the Office of Management & Budget/OIRA:

  1. Please let me know if you are using Cost Effectiveness Analysis or Cost Benefit Analysis.
  2. And, please be transparent by telling me what your formula is. What are your parameters?
  3. And, please sit down with us and have a face to face conversation about this.

Unless you use truly Vision Zero rulemaking, the Road to Zero Coalition’s goal will most probably fall short.

Cost.Benefit Analysis

With Road to Zero, DOT commits $3 million; compare that to $9.6 million Value of a Statistical Life

I should be jumping up and down for joy about the recent launch of the Road to Zero Coalition by the US DOT and the National Safety Council. So it doesn’t feel great to be one of those voices who are saying negative things about this great project.

I do look forward to watching how they coordinate the efforts of many organizations around this country who work to save lives. But I have some concerns about the process:

  1. Will they make any significant change in the strategies used to address the disturbing public health problem of 35,200+ Deaths by Vehicle Violence each year?
  2. Will they harness the energy and motivation of survivors/families of victims of vehicle violence?
  3. Will they mobilize citizens to be a significant part of the solution?
  4. Will they have a powerful voice to speak on behalf of the vulnerable victims who cannot speak for themselves?
  5. Will they take steps to address the imbalance of priority in rulemaking of profit over people?

Let’s just consider the last question. One thing which I have learned, after my life was catastrophically up-ended by my two youngest daughters’ deaths from a truck underride crash, is that there appears to be a hesitancy (to put it mildly) to put a meaningful monetary value on the cost of saving human lives.

To begin with, there is the difficulty of getting safety measures to pass the stringent test of the cost/benefit analysis required in federal rulemaking which, in my mind, inordinately favors the cost to industry vs benefit of preventing deaths and serious injuries. This is also reflected in the opposition to increasing the minimum liability insurance for truckers which was set at $750,000 in 1980 and has not been raised since then — despite the current Value of a Statistical Life (VSL) set by DOT at $9.6 million for 2016.

Value of a Statistical Life-guidance-2016

If you have read much of what I write, you might realize that I am in favor of reshaping the rulemaking process to ensure that it properly values human life. But aside from that, let’s just use that $9.6 million and do a little math.

The US DOT announced with the launch of the Road to Zero Coalition that it was committing $1 million/year for three years for grants to non-profit organizations that propose initiatives to save lives. Sounds great, right? But then I took out pen and paper (to get the hands-on sense of the calculation) and worked out the Value of the Statistical Lives of the 35,200 people who died on our roads in 2015 — keeping in mind that it was probably undercounted and does not include the cost of serious injuries.

$9.6 million X 35,200 = $337, 920,000,000 or almost $338 billion in one year alone

Then I decided to take it one step further and calculate the cost of the traffic fatalities over the next 30 years of the Road to Zero strategy to save lives — without taking into account the probable increase in the VSL.

$337,920,000,000  X 30 = $10,137,600,000,000 or over $10 trillion (which includes the cost to society)

And how much is DOT dedicating to this project to try and put a dent on the estimated 1,056,000 Deaths by Vehicle Violence? $3 million (of taxpayer money) — not even 1/3  the supposed value of a person’s life. Why, my two daughters alone were supposedly worth $18.2 million combined in 2013. Two immeasurably precious ones gone far too soon.

$3,000,000 vs $10,137,600,000,000

Now I had trouble even typing those numbers in accurately, so it is entirely possible that I made a mathematical error (didn’t use a calculator). So, please, do the math yourself. And then let me know if you think that we, as a country, are making a truly meaningful effort to do something new to stem the tide of bloodshed.

IMG_4464

 

CBA Victim Cost Benefit Analysis Victim

Car Safety WarsPetition

Breaking News: Road to Zero Coalition announced by DOT & National Safety Council

I am encouraged by the announcement today of a Road to Zero Coalition by DOT and the National Safety Council. See the details in the Press Release below.

I hope that they will seriously consider my Vision Zero requests for Vision Zero rulemaking, as well as citizen involvement and the appointment of a National Traffic Safety Ombudsman.

  1. Set a National Vision Zero Goal and make citizens aware of it.
  2. Establish a White House Vision Zero Task Force.
  3. Sign a Vision Zero Executive Order to authorize Vision Zero Rulemaking by DOT (and other agencies).
  4. Establish an Office of National Traffic Safety Ombudsman as an independent advocate/spokesperson for vulnerable victims of vehicle violence — not swayed by political pressures.
  5. Endorse the mobilization of citizens through a nationwide network of Vision Zero Community Action Groups — coordinated by the National Traffic Safety Ombudsman.

And, another thing. . .  it sure would be nice to sit down in person with these people and speak face to face. How many victims of vehicle violence have they involved in this coalition?

Feds set goal: No traffic deaths within 30 years

Livestreaming day-long conference:  http://www.nhtsa.gov/nhtsa/symposiums/october2016/index.html

Roads Safer

Wednesday, October 5, 2016

NHTSA contact:  Bryan Thomas (202) 366-9550
FHWA contact:   Jane Mellow (202) 366- 0660

FMCSA contact:  Ed Gilman (202) 366 – 9999

NSC contact:  Maureen Vogel (630) 775-2226

U.S. DOT, NATIONAL SAFETY COUNCIL LAUNCH ROAD TO ZERO COALITION TO END ROADWAY FATALITIES

New partnership aims to end traffic fatalities within the next 30 years

 WASHINGTON – U.S. Department of Transportation’s National Highway Traffic Safety Administration, Federal Highway Administration, and Federal Motor Carrier Safety Administration are joining forces with the National Safety Council (NSC) to launch the Road to Zero coalition with the goal of ending fatalities on the nation’s roads within the next 30 years. The Department of Transportation has committed $1 million a year for the next three years to provide grants to organizations working on lifesaving programs.

“Our vision is simple – zero fatalities on our roads,” said U.S. Transportation Secretary Anthony Foxx. “We know that setting the bar for safety to the highest possible standard requires commitment from everyone to think differently about safety– from drivers to industry, safety organizations and government at all levels.”

The year 2015 marked the largest increase in traffic deaths since 1966 and preliminary estimates for the first half of 2016 show an alarming uptick in fatalities – an increase of about 10.4 percent as compared to the number of fatalities in the first half of 2015. 

“Every single death on our roadways is a tragedy,” said NHTSA Administrator Mark Rosekind. “We can prevent them. Our drive toward zero deaths is more than just a worthy goal.  It is the only acceptable goal.”

The Road to Zero Coalition will initially focus on promoting proven lifesaving strategies, such as improving seat belt use, installing rumble strips, truck safety, behavior change campaigns and data-driven enforcement. Additionally, the coalition will then lead the development of a new scenario-based vision on how to achieve zero traffic deaths based on evidence-based strategies and a systematic approach to eliminating risks. 

“The “4Es” – Education, Engineering, Enforcement and Emergency Medical Services provide a reliable roadmap for driving down fatalities. Coupled with new technologies and innovative approaches to mobility, we may now hold the keys that get us to zero,” said Deborah A.P. Hersman, president and CEO of the National Safety Council. “The Road to Zero Coalition affirms that it will take ALL of us working together in new ways to eliminate preventable deaths.”

“Reaching zero deaths will be difficult, will take time and will require significant effort from all of us but it is the only acceptable vision,” said FHWA Deputy Administrator David Kim. “We’re not at zero yet, but by working together, the day will come when there are no fatalities on the nation’s roadways, sidewalks or bicycle paths.”

With the rapid introduction of automated vehicles and advanced technologies, the Department believes it is now increasingly likely that the vision of zero road deaths and serious injuries can be achieved in the next 30 years. The Road to Zero Coalition will work to accelerate the achievement of that vision through concurrent efforts that focus on overall system design, addressing infrastructure design, vehicle technology, enforcement and behavior safety.  An important principle of the effort will be to find ways to ensure that inevitable human mistakes do not result in fatalities.

“Working closely with our partners, both inside and outside the Department, we are committing significant resources to the serious effort being put forth to make the ambitious goal of zero deaths an eventual reality,” said FMCSA Administrator T.F. Scott Darling III. “While we work tirelessly every day to promote safer roadways, we understand that this coalition will only succeed if we all do our part and pledge to make safety our highest priority.”

The “zero deaths” idea was first adopted in Sweden in 1997 as “Vision Zero” and since then has evolved across the country and across the world. A growing number of state and cities have adopted “Zero” fatality visions.

We have the ear of NHTSA. Now is the time to let them know that The People are speaking up with us.

We have the ear of NHTSA. Now is the time to let them know that The People are speaking up with us.

letter-of-receipt-from-nhtsa-for-underride-consensus-petition

SIGN our cross-border Comprehensive Underride Petition, launched with Canadian safety advocates, to get Underride Protection all around trucks — front, sides, & rear:

http://www.thepetitionsite.com/929/955/764/end-preventable-death-by-truck-underride-north-americans-join-in-cross-border-effort-to-save-lives/

And now, my head & heart appeal to you:

For Mary, for AnnaLeah, for countless others already gone and for unknown people to whom we could give the gift of a longer life. . .

If status of truck safety rulemaking is reflection of gov’t FOR The People, The People need to take action.

This morning, I listened to the NTSB Board discuss a deadly 2015 truck crash. And then tonight, as I was going through a box of loose papers to file, I ran across NTSB Safety Recommendations from April 3, 2014. At that time NTSB was asking NHTSA for improvement in truck underride protection — for which we are still waiting.

Was it not the founders’ intent for the government of this country to act in the interest of The People? I think that it is high time that The People speak up and say that enough is enough! Whatever cost/benefit analysis process is being used has put the victims of vehicle violence totally at the mercy of the corporate world. They don’t appear to stand a chance.

Gertie reaching for Mary ...Susanna's film

Being convinced that we have already waited far too long for rulemaking that would protect The People from Death by Underride, I recently worked with a group of knowledgeable individuals to prepare a Comprehensive Underride Consensus Petition, which we submitted to the National Highway Traffic Safety Administration (NHTSA) on September 23, on behalf of The People:

Comprehensive Underride Consensus Petition Letter to NHTSA, September 23, 2016

Today, I received a reply from NHTSA Rulemaking in response to that Petition:

This is to acknowledge receipt of your September 23, 2016 request to initiate rulemaking for comprehensive underride protection.

We will evaluate your request and notify you of our decision.

Letter from NHTSA in response to the Comprehensive Underride Consensus Petition

What will their decision be? The Petition which we sent was signed by fourteen people. Will that be enough to sway their decision? What we need now is many more people to speak up with us and let NHTSA know that this is, in fact, the will of The People.

Please sign this recently-launched online petition to let NHTSA know that you want them to act swiftly to improve regulations which will prevent deadly underride crashes:

http://www.thepetitionsite.com/929/955/764/end-preventable-death-by-truck-underride-north-americans-join-in-cross-border-effort-to-save-lives/

 

 

NTSB truck crash hearing reflects endless stalemate. Could a Natl Traffic Safety Ombudsman end it?

NTSB Board hears reports on deadly 2015 TN truck crash. October 4 at 9:30 a.m.

Livestreaming

Same issues over and over with no resolution. Could a National Traffic Safety Ombudsman work to more effectively end the continuing needless, senseless bloodshed on our highways? Why are we letting people like Mary and AnnaLeah anyway?

Tangled states & federal responsibilities.

1a85etLife & DeathTalkin together Unsafe Trucks

Cost/Benefit Analysis: Or, How to Put a Price Tag on a Person’s Life

Now I better understand why my dad had my mom’s dresser still full of her things in his bedroom when we emptied his house at age 90 — 24 years after she was gone. I cling to the things which are full of memories, full of them. Being a pack rat doesn’t help.

Today I found a moving box labeled by Mary: Mary’s Books, 4/27/13. Exactly one week before our crash on 5/4/2013. She loved to read. When she was little, she loved to be read to. She loved a good story. She loved to laugh.

mary-cottage-indiana

In what universe, did we decide to put a price on a person’s life and use that to determine whether we should bother to save them — to prevent an unnatural death which would cut short their existence? If it is possible to do something which would give them a chance to live out their earthly life , then why on earth would we decide that it would cost too much? Too much?! For whom?!

Cost/Benefit Analysis: Or, How to Put a Price Tag on a Person’s Life

“The Country’s In the Very Best of Hands”

I have been discouraged lately about the state of affairs in our country related to vehicle violence and more specifically, for a variety of reasons, have been missing AnnaLeah and Mary more than usual. So, when I read the recent email from Lou Lombardo (whom I was privileged to visit with during the Ralph Nader Conference), I was wondering who listens to our Vision Zero message anyway.

But then I clicked on the link at the end and read the words of a song which made me smile, The Country’s In the Very Best of Hands! (L’il Abner). It reminded me of The One and Only, Genuine, Original Family Band — a Disney movie which Mary and AnnaLeah enjoyed watching:

The Bower Family Band petitions the Democratic National Committee to sing a Grover Cleveland rally song at the 1888 convention, but decide instead to move to the Dakota territory on the urging of a suitor to their eldest daughter. There, Grampa Bower causes trouble with his pro-Cleveland ideas, as Dakota residents are overwhelmingly Republican, and hope to get the territory admitted as two states (North and South Dakota) rather than one in order to send four Republican senators to Washington. Cleveland opposed this plan, refusing to refer to Congress the plan to organize the Dakotas this way. When Cleveland wins the popular vote, but Harrison the presidency due to the electoral college votes, the Dakotans (particularly the feuding young couple) resolve to live together in peace, and Cleveland grants statehood to the two Dakotas before he leaves office (along with two Democrat-voting states, evening the gains for both parties).

Maybe, despite the dismal outlook of highway safety and this election year, there is hope. Perhaps all of our efforts will truly make a difference in this life for someone. And, someday, there will be no more dying, no more tears, no more vulnerable victims — only everlasting joy.

mary-at-john-ball-zoo-garden annaleah-knitting-at-cottage

(Photos: Courtesy of The Karths/Double K Photography)

Dear Care For Crash Victims Community Members:

The Problem

Nader has said:  “This country has far more problems than it deserves and far more solutions than it applies.”

 The U.S.A. continues to face vehicle violence problems resulting in:

 *  100 deaths per day – and rising

*  400 serious injuries per day

*  Losses valued by DOT at about $2 Billion per day

The U.S. has more safety technology available than ever before in history.

 And yet the Obama Administration has failed for nearly 8 years – and nearly 250,000 deaths due to vehicle violence – to set a national Vision Zero Goal.  For example, Volvo has set such a goal for zero deaths in or by a new Volvo by the year 2020.   Why?

Where is the hope and change for the better, that President Obama promised us?

 

Happy People
 

My recent article on the DOT NHTSA Revolving Door brought me the attached photo of DOT NHTSA and Auto Company Executives.  Lots of smiles as the Obama Administration comes to a close.

Some in the media have noted the Revolving Door and coziness of regulators and the “regulated”.  See http://www.fairwarning.org/2016/06/self-driving-cars/

But not enough people know about the specific problems of vehicle violence and how government has failed to protect them.

Unhappy People

What percentage of the American people think that they can trust their government to do the right thing?

The Pew Poll reports:

The public’s trust in the federal government continues to be at historically low levels. Only 19% of Americans today say they can trust the government in Washington to do what is right “just about always” (3%) or “most of the time” (16%).  See  http://www.people-press.org/2015/11/23/1-trust-in-government-1958-2015/

Reminds me of the lyrics “The country’s in the very best of hands”  See http://www.allmusicals.com/lyrics/lilabner/thecountrysintheverybestofhands.htm
Lou Lombardo

 

Life & DeathTSO Petition black

image2 (1)

Ralph Nader Conference Highlights Tort Law Benefits & Tort Reform’s Assault on Right to Day In Court

I just got back from a Ralph Nader Conference (Breaking Through Power) in DC on Tort Law (September 29). I was privileged to participate as a “Tort Victim” on a panel moderated by Harvey Rosenfield (Consumer Watchdog). Other panel members were Susan Vento, Todd Anderson, and Laura Gipe-Christian.

dc-september-2016-004

Tort Law or Torts, I learned, is the law of compensation for wrongful inflicted injuries and was in existence long  before it was ever practiced here in our country. And tort law has three purposes:

  1. Compensation
  2. Disclosure
  3. Deterrence (therefore making us safer)

I also found out about the assault on tort law or “tort reform” which has convinced the American public that a system of law had somehow broken and needed to be fixed. This battle for the mind has fostered an attitude of cynicism and skepticism in jurors with the subtle messages about (fill in the blank, answers at the bottom of the post):

  1. Frivolous ________________
  2. Runaway ________________ and
  3. Greedy (or ambulance-chasing) __________________

But actually, the result has been that those who have been wrongfully injured find themselves less compensated and all of us are less safe because it diminishes accountability.

In fact, once a person becomes a victim, tort reform makes them a victim all over again–this time of a system that was meant to help the victim but has been sabotaged to leave them even more vulnerable. And I can give you two examples of this:

  1. During the lunch break, I had the opportunity to speak with a member of the audience who was there because, as a nurse midwife, she was interested in what would be said about medical malpractice. She said that what was being presented made a lot of sense. But she then told me about what she sees as victims of the focus on medical malpractice: pregnant women who are too often forced into C-sections (or other medical procedures not of their choosing) due to fear on the part of doctors of being sued. Yet, this is a case, perhaps, of the kind of PR which was mentioned; we have been led to believe that frivolous lawsuits in this area have skyrocketed and resulted in things getting out of control. Is this so?
  2. The second example is out of my own experience. One of the presenters mentioned that too often victims cannot find trial lawyers who are willing to take their case — on a contingency basis — due to the risk of not being able to recover their costs and the concern about whether the case will be successful or be limited by caps on compensation. We have tried multiple times to get someone to take our case without success. By this time, statutes of limitations pose an additional barrier. The end result is just like I was told this week: compensation to victims is barred; disclosure is prevented; and deterrence of future actions is limited. In our case, tort reform, thereby, could have contributed to a situation which allows ongoing opposition and resistance by the industry and regulators to doing whatever it would take to end Preventable Death by Truck Underride. On May 4, 2013, I hit Double Jeopardy! A victim twice over. What will it take to break through this travesty?

Folks, this is a problem. Could it be that tort reform is just one more of the culprits that bear the responsibility for the circumstances that led to my daughters’ deaths in a truck underride crash? If the many layers of leadership in the trucking industry, government regulation, and law enforcement had been held more accountable and liable in the past, might there have been a greater likelihood that AnnaLeah and Mary would still be alive today?

I’ll probably never know for sure. But I can venture a calculated guess. And I can do whatever is within my power to make sure that things get better for someone else.

Here’s to the realization of my dream of a nationwide network of mobilized traffic safety community advocacy groups to educate and empower citizens to take back their right to a day in court as one more strategy to help us realize the vision of moving toward zero preventable deaths and serious injuries from vehicle violence.

 

(And just in case you need the answers to the quiz: lawsuits, verdicts, and lawyers.)

 

 

CBA Victim Cost Benefit Analysis Victim

2 crash deathsCar Safety Wars

If only

Instead of like this:

IMG_4465Underride Roundtable May 5, 2016 033 Underride Roundtable May 5, 2016 032

Truck Underride Timeline by IIHS at the Underride Roundtable, May 5, 2016

As always, I am after the truth of the matter and I hope that you are, as well.

marys-vbs-photo-craft

VBS craft by Mary in Michigan, Summer of 2007

US/Canada Cross-Border Petition Calls for an End To Truck Underride Deaths–Front, Back & Sideguards

Speak up for victims like Jessica, Mary, and AnnaLeah. Let our government regulators and trucking industry leaders know that we want them to act now to save lives.

Sign & share our new cross-border petition: End Truck Underride Deaths–Sideguards, Front & Back; US/Canadian Cross-Border Effort To Save Lives

U.S. and Canadian safety advocates are calling for an end to preventable truck underride tragedies. Hundreds of people die every year when pedestrians, cyclists, motorcyclists, and passenger vehicles go underneath trucks.

It can happen to anyone — even if their car has a 5-Star Crash Rating. It can happen anywhere and at any time. It happened to AnnaLeah (17) & Mary Karth (13) when their car went under the rear of a semi-trailer on May 4, 2013, in Georgia. And it happened to Jessica Holman-Price (21) when she went under the side of a truck as a pedestrian on December 19, 2005, in Canada.

We don’t want it to happen to you or to someone you love. That is why we are calling for government regulators to act now to make trucks safer. We know that the technology is available to make this happen.

On September 23, we submitted a Comprehensive Underride Consensus Petition to the U.S. Department of Transportation (Clarification Document). It was signed by engineers and safety advocates who know that the problem can be solved. Similar efforts are being launched in Canada as well.

Since underride fatalities are a universal problem, cross-border regulatory cooperation between the U.S. and Canada is essential. Duplication of efforts is not efficient, whereas cooperative efforts will move North America more quickly toward zero preventable truck underride deaths.

So far, the work on improving truck underride protection has taken place in silos. It is past time to break the walls of silos and the silence which ensues, to stop working behind closed doors, and to bring the discussion to the light so that we are all working together with open and transparent communication.

Therefore, in light of the tragic and unnecessary countless loss of lives which delays in underride prevention have already cost, as well as the continued tragic and preventable loss of life sure to occur if decisive action is not taken now, we are hereby petitioning the governments of the U.S. and Canada to immediately take the following step in order to bring about comprehensive underride protection:

Issue a memorandum to establish a Joint/International Underride Task Force to actively address this global public health problem.

Speak up for victims like Jessica, Mary, and AnnaLeah. Let our government regulators and trucking industry leaders know that we want them to act now to save lives.

Sign & share our new cross-border petition: End Truck Underride Deaths–Sideguards, Front & Back; US/Canadian Cross-Border Effort To Save Lives

photo-collage-3-photos

“In February 2011, President Obama & Prime Minister Harper launched the Canada-U.S. Regulatory Cooperation Council (RCC). . . to facilitate closer cooperation between our two countries. . . to protect the safety & welfare of our citizens.” UNITED STATES – CANADA REGULATORY COOPERATION COUNCIL Joint Forward Plan, August 2014

For more information on the Canada-U.S. Regulatory Cooperation Council (RCC):