Stupid Tricks with Smart Keys

Someone should have seen this one coming.

In November, a New York woman filed a lawsuit against Toyota, claiming that its keyless entry system resulted in the death of one man and her own debilitating injuries. How did it happen? Carbon monoxide poisoning from her Lexus, inadvertently left running in the garage under her home. Mary Rivera, of Queens, New York alleged that her so-called Smart Key, an electronic fob system, allowed her to exit the vehicle without it being turned off. The engine was so quiet Rivera didn’t notice that the motor was still running.

Just another one of those crazy lawsuits where some consumer does something really dumb and tries to blame the hapless manufacturer, right? More fodder for all those conservative blatherskites who love to dump on trial lawyers, right?

Actually, no. This preventable tragedy is the inevitable consequence of bad design and a NHTSA’s interpretation of the rules. Continue reading

Roll Me Over – One More Time

The Society of Automotive Engineers resumed its ongoing boxing match over injury causation in rollovers at last week’s SAE Government Industry meeting. In Malibu’s corner was Wayne State and University of Michigan’s Transportation Safety Institute, presenting research supporting the theory of occupant diving as the mechanism of head and neck injury in rollovers – regardless of roof crush.

(For those of you who haven’t followed this 25-year-old scrum, Malibu refers to two sets of experimental rollover tests General Motors conducted in 1983 and 1987 on Chevrolet Malibus. Known as Malibu I and II, the tests were conducted to validate the theory that occupants don’t suffer head and neck injuries because the roof collapses on them, but because the force of the crash propels them into the roof. Over the years, automakers have clung to the Malibu results, despite crash data showing that the number of deaths and injuries in rollover accidents has risen disproportionately, with more than quarter of the accidents involving a serious roof intrusion.)

On the other side was NHTSA, arguing that roof strength is related to injury. It’s refreshing – if ironic – to see NHTSA champion a relationship between intrusion and injury. The agency is a late convert to this view; after years as an adherent of the Holy Gospel of Malibu.

Meanwhile, over at the Transportation Research Board’s Annual Meeting – also last week – research from less likely suspects supported the need for stronger roofs. Continue reading

Toyota Sudden Unintended Acceleration: We’ve Got the Numbers!

Safety Research & Strategies has completed our latest review of Toyota unintended acceleration complaint data, and they confirm that Toyota owners are still reporting SUA incidents – even those who had taken their vehicles in for the recall repairs.

Our database consists of incidents from the following sources:

– Consumer complaints to NHTSA through January 5, 2011

– Toyota-submitted claims from several NHTSA investigations into unintended acceleration

– Incidents reported by media organizations

– Consumer contacts made to our organization and others that are reporting incidents that they have received.

Every effort has been made to identify duplicate records and combine them.  However, often the reports do not provide enough detail to link incidents to other reports.  There are likely some duplicates among our records – if there are, they are few. Continue reading

Bigger Bags, Better Glass

Forty years after automakers fought off regulations that would have actually tested rollover occupant protection, the National Highway Traffic Safety Administration has published a final ejection mitigation rule, which favors the installation of bigger and more longer-deploying  side airbags and takes a half-step forward on improving side glazing.

The rule establishes a new Federal Motor Vehicle Safety Standard 226 Ejection Mitigation. FMVSS 226 applies to the side windows next to the first three rows of seats in motor vehicles with a gross vehicle weight rating of 10,000 pounds or less. The performance-based standard would institute a compliance test in which an impactor would be propelled from inside a test vehicle toward the windows. The ejection mitigation system would have to prevent the impactor – based on the mass imposed by a 50th percentile male’s upper torso on the window opening – from moving more than a specified distance beyond the plane of the window.  Each side window would be impacted at up to four locations around its perimeter at two time intervals following deployment, to ensure that the airbags remain deployed for the beginning and end stages of a rollover. Continue reading

So What About the Defects?

In 2010, NHTSA levied nearly $50 million in fines against Toyota for flouting the recall regulations in three separate instances. The total represents the largest single fines in the agency’s history – and, (although we haven’t checked) quite possibly more than the agency has ever collected from any and all automakers in 40 years of existence.

This tough stance on recall timeliness is welcome – but does not resolve the larger issues raised by Toyota unintended acceleration – namely how defects are defined in the era of automotive electronics and how such defects are investigated when they are rare, multi-root-cause, and potentially deadly?

The dribble of documents released by the Multi-District Litigation and Congress so far show that UA has been duplicated by Toyota technicians and, contrary to attempts by Toyota advocates and agency investigators to pass off all incidents as driver error, sticky pedals, big shoes and floor mats, there are instances when reliable technical personnel take the vehicle for a test spin and experience UA with no pedal involvement. In fact, we have discovered that Toyota techs were able to duplicate UA in one of very public and widely debated case – but lied to the consumer about it. (We’ll feature that story in a future post.) Continue reading

Double Ding for Toyota

Toyota closes out 2010 by shelling out another $32.4 million to the government for tardiness. The two fines – for failing to recall its floor mats and defective relay rods within five days of determining a defect – were disclosed yesterday.

Three record fines in one year ain’t beanbag. In all three cases – the relay rods, the accelerator pedal and the floor mats – Toyota had recalled the affected vehicles overseas months before it got around to recalling those components here. It’s refreshing to see the agency enforce the law. But penalizing a manufacturer for failing to file a timely defect report only requires counting to five. The agency will greet 2011 with the much more complicated issue of unintended acceleration hanging in the balance. We’ll address that in a future post.

In the meantime, back to the fines. The details were MIA. NHTSA did not say when it thought Toyota had a duty to recall those components. Toyota didn’t admit it did anything wrong. Since the agency hasn’t made its case for the penalty to the public, the Safety Record Blog will do it for them. Continue reading

Greater Than Axle Failure

When the Office of Defects Investigation finally opened a Preliminary Evaluation into rear axle failure in Windstar minivans, Ford Motor Company argued that the problem was no big deal. The fractures only struck a handful of vans in the Salt-Belt states. The vans were older and had significant mileage. The components had performed well, considering. Besides, Ford said, an axle failure while the vehicle was in motion would not result in a catastrophic crash:

“The preponderance of real world data suggests the vehicle remains controllable even in the event of a complete rear axle fracture. The vast majority (95%) of reports received by Ford alleging a cracked or completely fractured rear axle do not indicate any concern for loss of vehicle control. Additionally, some customers note that there was indication of an unusual symptom, such as changes in vehicle ride or noise while driving, for days or weeks before the axle fractured,” Ford wrote to ODI in July. Continue reading

Round 437: No One Cares About Kids in Cars – Still

Last week, the National Transportation Safety Board gathered all the government, industry and academic play-ahs in the board room of its headquarters to answer a question that’s been nagging safety advocates: Why doesn’t anyone give a damn about child safety in cars and planes?

The day-long meeting was meant to be a kick-off to the NTSB’s 2011 focus on child safety in airplanes and automobiles, with a special focus on increasing child restraint and seat belt use rates. Note to NTSB: you might want to allocate more time to this project – the lag in child safety regulation and industry practices has been the sad state of affairs for decades. Decades.

First up was the Federal Aviation Administration. The agency defended its practice of allowing children to fly without child safety restraints. Without a hint of irony, the FAA said that such a requirement would result in more people driving rather than flying, putting children at higher risk because the injury and fatality rates for children in motor vehicle crashes far surpasses that those in an airplane. Continue reading

Are Rear Underride Guards Overrated?

The National Highway Traffic Safety Administration wants to know what you think about its latest technical report on the non-effectiveness of rear underride guards. The request for comments is part of a long, slow evaluation process of FMVSS 223 and 224, which require the underride guards meet a strength test on trailers with a GVWR of 10,000 pounds.

The standard has been in effect since 1998. In 2004, the agency announced that it would be evaluating the efficacy of these standards. The report, a statistical analysis of crash data from two states involving trucks with compliant underride guards found no statistically significant preventative effect. The agency looked at data from Florida and North Carolina and found decreases in fatalities and serious injuries to passenger vehicle occupants in a rear-end crash with a tractor-trailer. Continue reading

A Better Way to Spot the Tot: Rear View Cameras!

Four years after the National Highway Traffic Safety Administration tried to take the public education route around the problem of backovers caused by vehicles with poor rearward visibility, the agency is proposing the first-ever safety standard to stem the flow of pedestrian injury and death.

Friday, NHTSA announced that it was a rearview visibility performance standard, specifying what the driver should be able to see, which would most likely compel automakers to install rear-mounted cameras and in-board vehicle displays in all new vehicles by 2014. The agency was rushing to meet a statutory February 28, 2011 deadline for a Final Rule.

No small measure of thanks is due to the persistence of Janette Fennell and her advocacy organization, KidsAndCars.org. Longtime activist Fennell began collecting data on backover injury and death more than a decade ago. At the time, NHTSA refused to acknowledge the problem because nearly all of the incidents occurred in private driveways rather than on public roads. Continue reading