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May 31, 2005

Real ID v. Vanity Plates

Filed under: Automotive Industry — admin @ 12:20 pm

I am fascinated by the fact that people are opposed to identification and tracking via their drivers’ licenses, yet will pay for the privilege of advertising personally identifying information on their license plates.

Real Problems with “Real ID” - Center for American Progress

I’ve seen too many XXX LAW or YYY CPA to be even vaguely interested in the fact that the person ahead of me wants to advertise his/her profession. However, I did see one this morning that caught my attention: SCI N TST You don’t see that one everyday.

What I do find interesting about vanity plates is that the advertisement typically says something about the person’s profession. Do we really associate our identities that closely with the way in which we earn a living? I hope something better can be said about me than just: Good lawyer; won lots of cases. (Or maybe it will be something less complimentary, who knows?)

Why don’t people put their favorite foods or TV shows on their plates? I can see it now — GRN BNS from Oregon, H8BRCLE from Texas, or W WING from California. That would make driving much more entertaining. As I lay claim to the soon to be infamous “Barney Defense”, I think my personalized plate should be something ingenius like PPL TREX.

Top that.

May 26, 2005

Antitrust Modernization: A Chance to be Heard

Filed under: Insurance, Statutes & Legislation — admin @ 1:14 pm

The Antitrust Modernization Commission issued its formal notice requesting comments on wide-reaching aspects of the current federal antitrust law.

For anyone interested in commenting publicly on the issues currently being reviewed by the AMC, there are rolling deadlines depending on the subject area. June 17, 2005 is the deadline for comments on the remedies offered under antitrust laws, July 1, 2005 is the deadline for comments on the Robinson-Patman Act, and comments on the remaining subjects, including the Immunities and Exemptions issues, can be submitted until July 15, 2005.

Instructions and contact information is available here.

May 20, 2005

Used Airbags a Garbage Idea

Filed under: Automotive Industry, Diminished Value, NHTSA — admin @ 4:34 pm

Automotive Body Repair News - CCRE turns thumbs down on used airbags

When it comes to any person’s life, we should hardly be quibbling over whether you get new airbags in a collision repair or have to settle for “recycled” or non-deployed salvage airbags. As the Coalition for Collision Repair Excellence stresses, “Consumers should not be part of an experimental process that could cause unnecessary injury or death.”

Even worse, however, is the practice of not replacing the airbag but installing a mere cover designed to look like the airbag’s dash component. As this string from an industry discussion board shows, some repairers are up in arms about the fact that an activity like this is even suggested to them as an appropriate repair practice and that the National Highway Traffic Safety Administration (NHTSA) seems so blasé about it.

I shudder to think about the people driving around our nation’s highways with the false sense of security that the cars’ (salvage or non-existent) airbags will be there to protect them in any emergency.

Double Dipping Isn’t Just for Ice Cream

Filed under: Case Law, Statutes & Legislation — admin @ 3:43 pm

toledoblade.com

Ohio agrees to a spanking to the tune of $4.5 Million to settle its second class action suit for charging DUI offenders twice for the privilege of reinstating their licenses.

As if once wasn’t enough, the Ohio Bureau of Motor Vehicles continued to charge DUI offenders a $250 administrative fee and another $250 judicial reinstatement fee after a 1999 decision holding the State’s interpretation of the law as allowing both was erroneous. According to the BMV, the agency was convinced its position would be vindicated on appeal — so it just went on double dipping. With its unsuccessful appeals exhausted, however, the agency gets to refund the money it knew was being improperly collected. Apparently, the offended offenders get interest, so I sure hope the State put that money to good use.

What is particularly interesting about the trial court’s 1999 decision holding that the State’s interpretation of the law as allowing two fees was inappropriate is the mere fact that it was successful. When the DUI law was revamped in 1993, Ohio made the DUI process much stiffer, with an automatic administrative license suspension upon arrest, followed later by a criminal license suspension (and fines and/or jail) if convicted. Many people charged under the DUI law argued that the criminal conviction, with its fines and punishment, on top of the automatic administrative license suspension, with its fees and impounding of vehicle, constituted double jeopardy. The courts fairly consistently held that this arrangement did not violate the Fifth Amendment because the administrative interests of the State in immediately removing potentially dangerous drivers from the road was not punishment and was separate and unrelated to the State’s interests in criminally punishing offenders.

I always thought that was a sneaky interpretation because the hassle a person went through was significant, and the fees and payments that had to be made just to administratively get the license back were often higher than the criminal fines. (You had to pay the towing charges, and the fee to have your vehicle released from inpound, as well as the administrative reinstatement fees.) Therefore, I am surprised that the trial court in the first class action found that the interpretation of the DUI law as allowing for the administrative and judicial reinstatement fees was improper. I am even more surprised that the judge’s decision was upheld by the Ohio Supreme Court which has become increasingly conservative over the last several years.

But wait! Ohio agencies are not yet done questioning whether the courts really know what they are doing. The Ohio Liquor Control Commission doesn’t seem to think that the U.S. Supreme Court’s recent decision about laws prohibiting wineries from shipping their alcoholic products across state lines directly to consumers applies here.

See, now if the Liquor Control Commission would let wine be shipped directly to consumers, they could just stay home rather than going out, drinking, and then driving home unsober. That way, we address some of the DUI problem, keep the BMV out of trouble for its interpretation of the DUI law, and make wine drinkers happy all at the same time.

May 19, 2005

ASA Responds (And Nicely, Too)

Filed under: Automotive Industry, Insurance, Statutes & Legislation — admin @ 6:44 pm

Ron Pyle, the ever sophisticated President of the Automotive Service Association (ASA) called me this afternoon to talk about many things — one of which was the issue of whether ASA will have an organization representative at the upcoming National Conference of Insurance Legislators’ (NCOIL) July hearing which addresses, in part, the issue of mandating the use of certified aftermarket parts in collision repair. (To clarify for anyone who thinks this is just a squeaky wheel thing, I already had a message in to Ron Pyle asking him to give me a call.)

If there is a word to describe Ron Pyle, it is politic, and I mean that in a nice way. I don’t for a minute mean to imply a lack of sincerity, far from it. I think Ron is extremely dedicated and sincere. What I mean by using the word politic is that he gets the message across in the nicest way possible and is a master at bringing disparate viewpoints together. And he is certainly no fool. Ron invited me to call him directly with any future questions I may have about ASA’s involvement on any issue. (Sensible man — and I do love sensible people.) By doing that, he cleverly avoids future problems that might arise with people (like me) calling ASA’s volunteer leadership members; he ensures that accurate information makes its way to the public; and he minimizes potential misunderstandings.

So, now that I have it directly from “the horse’s mouth”, what is the word from ASA national on the NCOIL hearing issue? Yes, in fact, ASA does intend to have an organization representative present for the hearing. As ASA’s leader pointed out, his organization has consistently opposed the type of legislation that NCOIL is considering endorsing and will continue to support or oppose, as necessary, proposed legislation affecting its membership. The specific ASA representative has not yet been decided, in part, because Ron thought for a while that he would be ASA’s spokesperson, but some complications have arisen preventing his attendance. The bottom line, however, is that ASA will be represented at a hearing that addresses collision repair issues — which has been my goal ever since I learned NCOIL was considering the model act again.

Thanks for the information, Ron Pyle. And thanks for being the horse’s mouth rather than some other part of the horse’s anatomy.

May 18, 2005

Collision Repair Industry Leadership: Why Do You Care if We Don’t?

Filed under: Automotive Industry, Statutes & Legislation — admin @ 7:12 pm

“Why do you care?”, was the hostile response I got from Ron Nagy, an Automotive Service Association (ASA) Collision Division Operations Committee member about whether ASA would be sending anyone to represent the largest repair association in the country at the National Conference of Insurance Legislators’ (NCOIL) hearing in July — where NCOIL will decide whether to endorse a model Certified Aftermarket Parts Act.

Well, let’s see. Maybe it’s because this model act is inadequately and foolishly (I can hardly bring myself to say it) crafted and can have a dire impact on unsuspecting consumers, for starters — to say nothing of the impact on collision repairers and other business segments. Maybe it’s because I am an advocate of controlling your own destiny and being involved in the political process is part of that formula. Maybe it’s just because I believe the sector this model act would most immediately affect is the collision repair industry, and, therefore, the industry should be heard on the issue.

Anyone who knows me is aware that I have been speaking, writing, and stumping around the country to make collision repairers aware of the fact that NCOIL is considering this model act, which would affirmatively lead to state-by-state legislation of it (which, incidently, is already in process in some jurisdictions). Yet, I have no vested interest in whether this act is endorsed by NCOIL or not. I have no financial stake in this decision. I only care that consumers don’t get poor quality products dressed up as great quality products and that collision repairers realize they could soon have more legislation imposed upon them. The majority of repairers, howevever, are entirely unaware that this model act is up for consideration, and now I know why. Because members of their “leadership” don’t seem to think that making themselves aware of issues affecting collision repairers, sharing that information, and taking a stance are part of their responsibilities.

When I pinned him down for a specific statement, Nagy confirmed that “ASA would not be sending anyone as a representative of the organization to the NCOIL meeting in July.” The rationale given to me was that ASA has a lobbyist in Washington, D.C. Yes, you read that correctly. When I pointed out that the Washington lobbyist has focused on federal issues, and the NCOIL model act was the prelude to many state law concerns, the bizarre response I got from Nagy was, “Why are you attacking me?” No attempt to address the issue. No intelligent response. Just the knee-jerk, “You have to pick your battles, so you can win the war; I’m just a small shop owner and can’t take time away from my business.” All the silly same word tracks over and over.

Well, Ron, if you don’t want the responsibility of answering to your constituents and interested parties, don’t place yourself in a position of leadership. But then, as Automotive Body Repair News Editor-in-Chief, Michael Willins, wrote, “Leadership has its rewards”. In the February 2005 publication, Willins wrote that Nagy “feels an obligation to help the industry”, but also realizes that the networking and brain-picking opportunities are so great that Nagy is “willing to get involved to gain that knowledge.”

It seems apparent to me that Nagy’s purpose in becoming a member of an important ASA committee has little to do with helping the industry and substantially more with helping himself. When asked to perform like a leader, Nagy gets defensive and disclaims responsibility. He won’t even return phone calls from ASA members. (I give him this much credit; at least he returned mine.)

Amazingly, Willins described Nagy as a “forward thinker”, and says that “[a]ttending conferences, seminars, workshops, training sessions and being part of industry committees place Nagy and others like him at the forefront of these changes.” (What ever happened to I’m-a-small-shop-owner-and-can’t-take-time-away-from-my-business?) As Willins so aptly goes on to say about Nagy and others like him, “They’ve smartly positioned themselves to be the survivors, when plenty of others haven’t.”

Gee, and I thought cannibalism was illegal.

UPDATE: Ron’s wife responds: (She sent this to me as an email, rather than posting in the comment section, but I am posting it here in the main body to make certain his defense didn’t get buried in the comments.)

    I am the wife or Ron Nagy and I would just wonder why you would question the character of someone who you don’t know on any level. You don’t know the level of involvement that my husband has in the industry, in our church, or in anything else. You chose to call him at work ~ and yes, he works about 14 hours per day, he runs his shop, and so he really doesn’t have a lot of time to spend on the phone as he already spends time away to do all the things that you quoted in your article. (And, you don’t know that he was in Texas at a meeting on Friday and Saturday, took the red eye home Sat. night so he could teach junior high Sunday school on Sunday morning on 3 hours sleep and was then at an all day training on Tuesday ~ yep, that is what I would call selfish!) He needs to spend his time running his business when he is there. Why not call ASA national and get a statement from them or from the chair of the collision division? I am wondering why you have chosen my husband as your target. He gives his heart and soul to his industry and you know nothing of that. And, yes, he does return phone calls, as you found out. But, there are people in the association who he will not respond to because they have earned that disrespect. That happens. That is why he is in a VOLUNTEER and I assure you, if there were plenty of people putting themselves in a place of leadership, he would choose to focus all of his energy on his own business. But, because there are not people lined up for the volunteer positions, he feels that he can help out. Your attack is unfair and not based on any knowledge of my husband, other than a phone conversation or what you have heard from someone else. Believe me, he works his tail off for ASA and only complains when someone attacks him at a personal level ~ You are way out of line saying that he is only out for himself. He is one of the most giving people that I know ~ You stated: “It seems apparent to me that Nagy’s purpose in becoming a member of an important ASA committee has little to do with helping the industry and substantially more with helping himself.” To say that the only reason he is on the ASA committee is to help himself is ridiculous. I would like to know how it benefits him at a personal level. Let’s see, time away from home ( I do not travel with him, as someone has to take care of the responsibilities at home), lots of expenses, driving to meetings, etc., etc, etc. My husband does NOT like to spotlight. He likes to make an effort to help the industry. I don’t see a line of people waiting to serve. And that is the key word here: SERVE. Remember, this is not a paid position and the “perks” are flights to all day meetings (leaving your shop) and an occasional free meal (and you know nothing of his health issues and how the traveling affects him physically). He does not stand up to constantly take credit for things done well and prefers to be in the background, and yes, he gets defensive when personally attacked. Ron has no personal “agenda” or is not using this position to simply get him to a higher one. He truly wants to help the organization. He is NOT power hungry. And although you may not have intended your attack to be personal, it reads that way. I think that you would be hard pressed to find anyone involved in ASA (other than a few individuals who have their own agendas), the community, or the industry who have anything negative about my husband. He is an honest, hardworking, Godly man. And yes, this is written on a personal level. I will not have my husband come home, unable to eat or sleep because of negative things written about him by someone who doesn’t know anything about him. I apologize for this letter, as I don’t know you either, but I will not apologize for defending my husband.
    Kristine Nagy

My comment to Kristine:
I fail to see how I have questioned Ron’s character. I merely commented on his responses when asked about an issue directly involving his representation of ASA members. Ironically, the person who said Ron became a leader in ASA for self-serving reasons was Michael Willins of ABRN. If you are unhappy with that characterization, perhaps, you might consider taking that up with him.

As to why I called Ron, it is because he is in Ohio and is someone with whom I had hoped I could discuss Ohio issues. I will, however, take your suggestion, and ask for any future information directly from ASA national.

May 16, 2005

Sharing a Podium with the CT AG

Filed under: Insurance — admin @ 9:40 pm

I am off to New Haven, CT to speak at a conference for the Auto Body Association of Connecticut. I get to share the podium with Connecticut’s very active Attorney General, Richard Blumenthal. Working in conjunction with other State leaders, Mr. Blumenthal is staunchly behind a proposal to amend the Connecticut constitution to change the position of Insurance Commissioner from an appointed office to an elected one.

May 13, 2005

Clips: Crazy and Dangerous, Even in Ted Frank’s Utopia

Filed under: Automotive Industry, Diminished Value, Insurance — admin @ 9:59 am

“Clipping” is just NOT a good idea, and you don’t have to be an engineer to understand the inherent safety risks involved in cutting through structural portions of a vehicle. How would you like to put your children back in the 1999 Chevy Venture which has had its entire rear right side and floor cutaway in this repair?

Here’s my favorite statement on the Oklahoma Sunroof and Manufacturing - Collision Repair webpage:

    Rather than replace all of the damaged individual parts on such vehicles(the repair
    process on which an insurance an [sic] estimate is based, and which results in a repair cost near
    the value of the vehicle, or ‘total loss’), we use the ‘clip’ type of repair, which simply cuts the
    damaged portion of the vehicle off at the most efficient locations, rather than the factory
    panel seams, and replaces it with the same portion from another vehicle.

Notice the focus here is on the “efficiency” (read, less costly) locations where the vehicle is chopped apart, but there is no mention of whether it is SAFE to do so. Combine this with the fact that the vast majority of states have NO REGULATION governing collision repairers, and you wind up with a death trap rattling down the road. Maybe this isn’t your vehicle, but is it the one coming at you? Or the one your neighbor routinely carpools your kids in?

Even Ted Frank, I suspect, would find it difficult to say that this type of scary repair is what auto insurance consumers expect when they buy policies; and no matter how much you are willing to trade away of your own right to recover to lower your premiums in Ted Frank’s Legal Utopia, you certainly don’t have the right to bargain away someone else’s.

HT: Tony Lombardozzi at Automotive Collision Repair Services, a leader in the Coalition for Collision Repair Excellence

May 11, 2005

Ted Frank’s Legal Utopia

Filed under: Automotive Industry, Statutes & Legislation — admin @ 4:27 pm

Over at Notes from the (Legal) Underground Evan Schaeffer posts his interview with Ted Frank about Ted’s move to the American Enterprise Institute for Public Policy (AEI) Research where he will be the director of the Liability Project.

Read the extended post for Ted’s views on how the legal system could be improved. Ted expounds on issues important to anyone in the legal and automotive world including products liability, insurance, seat belt usage — the works. Besides, he uses the word “scofflaw”, which will always make me think of him fondly.

Carnival of Harleys

Filed under: Automotive Industry, Statutes & Legislation, Used Car Review — admin @ 8:47 am

This last week has been Harley Week. It started with a 2003 Ford F-150 Super Crew, Super Charged, short bed, Harley Davidson edition. A very nice truck. Easy to drive; easy to handle; and the super charged motor made even quick acceleration as smooth as glass. Because it was only 2-wheel drive, it was much lower to the ground than the 4×4, making it nimbler on its feet. The shorter bed also meant that I didn’t have to worry about who would clip the rear of the truck in a parking lot.

There is plenty of leg and head room in the cab, but I object to the placement of the heated seat control. It is on the side of the seat cushion, it hard to find, and the mechanism is designed to automatically shut off after a very short time. Because of its placement, you don’t see that, so you have to fiddle around with it when you suddenly realize, hey, I’m not as warm as I was a little bit ago. The power moon roof only opened above the heads of the front seat passengers, leaving room for an add-on DVD player for the rear cab passengers. Great if you like that or have kids (or childish adults) to entertain. Personally, I’d rather have more moon roof. This pickup was dressed in the silver and black Harley Davidson color scheme, rather than the bolder orange and black. A little anonymity is a nice thing.

After a few days, I moved on to a 2004 Ford F-250 Super Duty, Power Stroke Crew, short bed, Harley Davidson edition in silver and black. At this juncture, I have to confess that I love diesels — except when I arrive home at 2:30 a.m. and think I will wake up the entire neighborhood. Maybe it’s because I grew up driving a diesel. Given the way gas prices are at the moment, I’ll take a diesel, thank you very much. If you don’t like noise, this is NOT the truck for you. This is a powerful truck, and it makes its presence known by roaring like the king of the jungle. It is more responsive than prior generation diesels, but if you think you will get the type of instant acceleration that can be had from a gas engine, forget it. As a 4-wheel drive, it sits much higher than an ordinary 2-wheel drive, and gives you a clear view of the road ahead.

Now, I am driving a 2004 Ford F-250 Super Duty, Power Stroke Crew, short bed, Harley Davidson edition. The only differences between this truck and the other F-250 is the mileage and the color scheme. This one is orange and black and you couldn’t miss it coming down the street. It is noisy and bright and the perfect vehicle for someone who wants to be noticed. This is the right truck to take to Sturgis — but, you might want to look up the city and state laws before you go.


Attributes:

2003 Ford F-150

    Silver & black out
    Black leather in
    Crew cab
    Harley Davidson branding
    Super Charged, 8-cylinder, gasoline
    Automatic
    Power pack
    Power moon roof
    Radio/CD player
    Heated seats
    17,000 miles

2004 Ford F-250 (Silver & Black)

    Silver & black out
    Black leather in
    Crew cab
    Harley Davidson branding
    Power Stroke, 8-cylinder, diesel
    Automatic
    Power pack
    Power moon roof
    Radio/CD player
    Heated seats
    18,000 miles

2004 Ford F-250 (Orange & Black)

    Orange & black out
    Black leather in
    Crew cab
    Harley Davidson branding
    Power Stroke, 8-cylinder, diesel
    Automatic
    Power pack
    Power moon roof
    Radio/CD player
    Heated seats
    5,300 miles

May 9, 2005

Auto Article Roundup

Filed under: Automotive Industry, Insurance — admin @ 5:59 pm

What in the world is Kirk Kerkorian($) doing making a tender offer to buy (a proposed) $870 million in GM stock? Not that I see anything wrong with buying GM stock — despite the fact that GM’s (and Ford’s) bonds were downgraded to junk status last week by Standard & Poors. No, what I think is weird is that this is Kirk Kerkorian we are talking about here. You remember. Billionare v. DCC. Gambling mogul whines about alleged mischaracterization of Daimler-Benz and Chrysler’s union as a “merger of equals”, when it later appeared to have been a takeover by Daimler. Now this interest in increasing his (OK, his company’s) stake in GM by another 5%? What’s up with that? Is he going to sue GM next?

Second larges wholesale auto auction group, ADESA, sacks Hallett. According to Automotive Remarketing, the news was just about “realigning” the company structure and focusing on “customer service”. Automotive News($), however, says Jim Hallett was terminated. Hm… focusing on customer service. I certainly hope ADESA remembers that its “customers” are dealers and vehicle brokers, a section of the automotive industry that all too often gets little respect. Not too long ago I had to sue ADESA for a violation of antitrust law.

BMW’s ever evasisve Burhard Goeschel indicates that, perhaps, the other mystery vehicle (you remember Mystery Vehicle Spartanburg) will be built at the Dingolfing plant in Germany. CEO Helmut Panke had announced at the Geneva auto show that the other new BMW model will be built at one of the company’s 4 plants in Germany. Please, don’t let it be Dingolfing. I just can’t say that name without feeling like an idiot.

In the collision repair world, intrigue rears its ugly head as an “insider” turns coat and tries to undo the Illinois Automotive Collision Repair Act — which has the sole purpose of protecting consumers and reminding shops that they work for consumers, not the insurance companies. (BodyShop Business, “Legislation and Intrige in Illinois”, May 2005).

Insurers are in the news now that the FBI has announced it is looking at the industry’s accounting practices. According to Reuters, Assistant FBI Director Chris Swecker said his agency is looking to see if accounting “gimmicks” and schemes that affect a company’s bottom line are a pervasive pattern in the insurance industry.

    Swecker said the FBI had not yet determined whether the problems were pervasive. He released a report on financial crimes which cited a “recent trend involving insurance companies caught in the web” of corporate fraud schemes.

    The report said unscrupulous executives improperly used customer premiums to pay corporate expenses. “This in turn leads to financial statement fraud because the company is required to ‘cover its tracks’ to conceal the improper utilization of customer premium funds,” the report said.

Gosh, I hope my premiums aren’t in the corporate jet.

May 6, 2005

Comment Due Date on NCOIL Crash Parts Hearing Approaching

The deadline to get your comments on NCOIL’s Model Certified Aftermarkets Parts Act is right around the corner. In a recent article in ABRN, Candace Thorson, the director of legislative affairs and education for NCOIL (National Conference of Insurance Legislators) says that NCOIL really welcomes the participation of the collision repair industry (and, I assume, consumers, insurers, and parts makers of all varieties).

So, for those of you who want to be heard on this issue, get cracking, because you only have until June 6, 2005 to get your comments in. Anyone interested in commenting or taking part in this process can contact Candace Thorson at cthorson@ncoil.org.

May 5, 2005

5iTech Founder Named to ICHT

Filed under: Automotive Industry — admin @ 11:13 am

Congratulations to my friend, Leon Polott, who has been named by the U.S. Department of Commerce to the U.S. - Russia Innovation Council on High Technologies (ICHT). Leon is one of only 10 Americans, and one of only 4 representatives from the private sector, to be named to the ICHT which has been created to promote bilateral cooperation in the fields of innovation, commercialization, and high technologies.

Part of what the council members will be responsible for is recommending ways to commercialize technology for entrepreneurial opportunities — something 5iTech, LLC has been doing since its inception. One of 5iTech’s portfolio companies is CEMATEK, which provides finite element analysis, computer aided engineering, and modeling to the automotive industry and other international sectors.

I guess, I’ll get to say I knew you when — but I will have to figure out how to say that in Russian. And if anyone can explain to me what the heck “high techologies” are, I would certainly appreciate it.

May 4, 2005

Ruining Competitors More Efficient than Lawsuit?

Filed under: Automotive Industry — admin @ 11:23 am

From ContractsProf Blog: Quote of the Day, a wonderful quote and follow story about Cornelius Vanderbilt’s very successful alternative dispute resolution strategy.

HT: RiskProf

Blogging Shortcut

Filed under: Automotive Industry — admin @ 10:46 am

Carpundit: A Blogging Shortcut Proposed

As a courtesy to readers, bloggers typically designate when registration or subscription is required to view the piece at the end of the hyperlink. Carpundit suggest that we abbreviate the “registration required” to “rr” (or maybe RR?) to expedite entry posting.

I already use ($) to denote the subscription requirement, but I’m willing to adopt RR as a registration mark. Anything that makes posting easier — you’ve won me over already, CP.

Somewhere out there, there should be the Big List of Blogging Acronyms and Abbreviations.

May 3, 2005

Seat Belt Detractor Dies in Car Accident

Filed under: Automotive Industry, Insurance, NHTSA, Statutes & Legislation — admin @ 11:35 am

It’s amazing how our words come back to bite us — or in this person’s case, eject us from seats toward sudden death.

In September of last year, Derek Kieper, a 21-year-old University of Nebraska-Lincoln senior, wrote a spirited editorial published in the Daily Nebraskan about belonging to a “die-hard” group of citizens refusing to wear seatbelts, despite increasingly strict seatbelt laws. Kieper addressed the enormous governmental cost of enforcement and education campaigns and worries about governmental intrusion into the rights of citizens to make decisions about their bodies and how they will engage in safety measures.

Kieper has, or I should say had, an interesting point. He saw mandatory seatbelt laws as an infringement on his rights to make choices about his own body, which is certainly reminiscent of Roe v. Wade. Think of the outcry that would ensue if the states passed laws requiring pregnant women to take vitamins, and give up smoking and consuming alcohol until the baby was born. On the other hand, one could argue that the states are not obliged to provide us with roads and highways and, as a condition of use, can require citizens and guests to comply with reasonable laws promoting safety. (I’m sure there is a Constitutional argument about the right to interstate travel here somewhere, but I leave that to the Constitutional scholars and law professors to dice through.)

Comment 10 in response to Kieper’s editorial prophetically said:

    Well Derek, when you fly through the windshield, make sure my insurance rates don’t rise to cover your “freedom”.

    Andris Dellinger
    Public Works
    Peru, Illinois

In January of 2005, Derek Kieper did just that. When the Ford Explorer, in which he was an unrestrained back seat passenger, lost control on an icy roadway and dove into a ditch, rolling over several times, Kieper was thrown from the vehicle and killed. According to the Journal Star, the driver and the front seat passenger, both of whom were wearing seatbelts, were treated for non-life threatening injuries.

Wondering if your state is considering seatbelt legislation this year? Click here to check.

While I don’t think Derek Kieper’s demise falls into the category (he was taking calculated, known, personal risks), I can’t resist suggesting a visit to the Darwin Awards which, unfortunately, will be just a day in the office for many product liability lawyers. Additionally, you can check out automotive urban legends and verify if the stories (like this one) are true. Urban Legends Reference Pages: Automobiles (Seat Belts)

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