Within the federal government lies the Office of the Inspector General (OIG), tasked with finding and stopping “… waste, fraud and abuse in departmental programs.” The OIG has the power to act without political affiliation or interference by other federal authorities pursuant to the Inspector General Act of 1978.
The main tool used by the OIG involves investigations and formal reports of their findings in official “audits.” The OIG reports its discoveries to both Congress and the Secretary of the Department of Transportation.
OIG is a Federal Law Enforcement Agency
The Inspector General’s Office has law enforcement authority and its agents are allowed to carry firearms. OIG agents are considered to be federal law enforcement officers. For instance, OIG Agents can make warrantless arrests and request search warrants and arrest warrants (as well as executing on these warrants).
If OIG investigators believe they have discovered activities that may be illegal or criminal in nature, then they contact the Justice Department. Attorneys at the Department of Justice decide whether or not to move forward in a criminal prosecution or criminal indictment based upon the OIG’s findings.
Understanding the background and power of the OIG is important when considering its recent release of an audit of the National Highway Traffic Safety Administration (NHTSA). The OIG investigated NHTSA’s work in overseeing the safety of motor vehicles in this country and recalls of defective or deadly automotive products and parts.
What OIG has found is extremely disturbing for anyone concerned with preventing fatal motor vehicle accidents in this country.
OIG Report: Inadequate Oversight of Motor Vehicle Recalls by NHTSA
Entitled, “NHTSA’s Management of Light Passenger Vehicle Recalls Lacks Adequate Processes and Oversight,” OIG Report No. ST2018062 was published on July 18, 2018. From page 27 of the July 2018 OIG Report (emphasis added):
NHTSA’s mission is to save lives, prevent injuries, and reduce economic losses resulting from motor vehicle crashes. NHTSA’s Office of Defects Investigation (ODI) is charged with requiring manufacturers to recall vehicles in accordance with Federal laws and regulations.
However, ODI has not developed and implemented a system of strong management controls with procedures intended to ensure compliance with these laws and regulations. ODI also has not fully demonstrated a risk-based approach to decision-making and prioritizing its oversight of scope, remedies, and implementation of light passenger vehicle recalls.
As a result, ODI cannot reasonably be sure that light passenger vehicle recalls are adequate or that critical safety information is collected and clearly communicated to the public. NHTSA’s lack of internal accountability and riskbased oversight inhibits the Agency’s ability to meet its safety mission, as evidenced by the series of ineffective Takata recalls between 2008 and 2015.
Similar Consumer Reports Warning in June 2018
Last month, Consumer Reports warned of similar concerns about the ability of NHTSA to protect against serious or deadly accidents caused by defective products in motor vehicles.
The Consumer Reports’ safety advocates tallied the number of NHTSA investigations into product defects and recalls, only to find that NHTSA had undertaken fewer investigations in 2017 than in any prior year.
This is in spite of the growing number of known motor vehicle issues and dangerous defective car parts that have caused serious injuries and preventable deaths in this country. Read “U.S. Auto-Safety Agency’s Defect Investigations at Historic Low,” written by Jeff Plungis and published by Consumer Reports on June 29, 2018.
Consider our past warnings about the growing danger of defective cars, minivans, trucks, and SUVs on the roads of Indiana and Illinois, including: Car Recall Crisis: Millions of Defective Recalled Vehicles On the Road; What Happens After a Serious Accident in Indiana or Illinois?
Fatal Car Accidents Caused by Defective Motor Vehicles or Flawed Car Parts
Imperfect, faulty, flawed, or otherwise defective components or parts in a motor vehicle can involve all sorts of risks and dangers, from air bags that suddenly inflate to tires that blow out or roofs that buckle upon impact. The force of even a minor traffic accident can cause these defects to result in serious or fatal injuries.
It is vital to be alert to recalled parts in order to have them repaired, as well as to be vigilant against the dangers that recalled vehicles bring to the roads. A shocking number of recalled vehicles are not fixed and share the roads with our loved ones: see, e.g., Millions of Recalled and Unrepaired Vehicles Drive Indiana and Illinois Roadways Today.
When the federal agency in charge of overseeing the motor vehicle recall process fails to do its duty (NHTSA is “inadequate” according to the OIG Report), then the risks of being severely injured or killed in a crash caused by a defective car part become impossible to calculate.
If you or a loved one has been seriously injured or killed in a motor vehicle accident, investigation into the cause of that crash by experts has never been more important. Each situation must be independently evaluated to determine if the car maker, manufacturer, distributor, or others (repair, maintenance, dealer, re-seller) are responsible under product liability laws of Indiana or Illinois for the damages that have resulted from the accident. Please be careful out there!
