Earlier this month, General Motors was slapped with a record-setting thirty five million dollar fine from the United States Department of Transportation. The fine resulted from the company’s failure to report a safety defect which has caused at least thirteen deaths to date. According to the United States Transportation Secretary, General Motors became aware of a defect in the ignition switch in the 2005 to 2010 Chevy Cobalt as early as 2009, but they never reported it. The defective switch can cause the vehicle to turn off while the driver is driving it down the road, creating a dangerous situation which could result in an accident.
Automakers are required to report safety defects within five days of discovering them, in addition to immediately recalling vehicles which do not meet federal safety standards. Over two million vehicles have been recalled because of the ignition switch defect. Models included in the recall include the Chevy Cobalt, Chevy HHR, Pontiac G5, Saturn Ion, Pontiac Solstice, and Saturn Sky.
While a thirty five million dollar fine may seem quite large, its status as the highest ever civil penalty arising from an automobile recall may not last for long. President Obama has proposed a new penalty scheme, which would increase the maximum fine to three hundred million dollars. The aim of the increased penalties is to encourage automakers to report defects as soon as they discover them, so that vehicles can be recalled before lives are lost. It will remain to be seen whether the increased penalty scheme, if it is signed into law, has the desired effect of getting automakers to take swift action to protect consumers whenever they discover safety defects.
The families of three people who died as a result of being involved in accidents while driving or riding in vehicles which had the defective ignition switch have filed wrongful death lawsuits against General Motors in both its pre and post-bankruptcy forms, Delphi Automotive Systems, and GM dealerships. The defect in the ignition switch, which was manufactured by Delphi Automotive Systems, is such a major safety issue because it can cause the car to lose power while it is being driven, and it can also prevent the airbags from working properly in the event of an accident.
The Chevy Cobalt tragedy serves as a reminder that the corporations which manufacture the things that we use every day do not always act with the level of care and concern for our safety that they should. If someone that you love has died as the result of the negligence, misconduct, or recklessness of a person or a company, you may be able to recover for your loss through a wrongful death lawsuit. When your family experiences a tragic loss due to a wrongful death, it is only natural to desire to hold the people or companies who caused your loss responsible for your actions. A Kansas City Wrongful Death Attorney can answer any questions that you may have about pursuing a claim for damages resulting from a wrongful death. If your family has suffered such a loss, it is important that you seek assistance right away so that you can file your claim before the statute of limitations runs out.
The experienced Kansas City Wrongful Death Attorneys at Hubbard & Kurtz, L.L.P. help clients from throughout the region, including St. Joseph, Independence, Lees Summit, Columbia, Warrensburg, Overland Park, Olathe, Atchison, Lawrence, Topeka, and many other Kansas and Missouri communities. Please call us today, at (816) 472- 4673 to arrange for an initial consultation.
