Wayne Cohen - Lawyer | Attorney: GM Ignition Switch Issue

At Cohen & Cohen, P.C., our clients are people who have become victims because of accidents, mistakes, and other misfortunes that are out of their control.  We deal with the results of these unnecessary tragedies every day, and we know that an accident that takes place over several seconds can burden someone for a lifetime. Far too many people are injured, or even killed, because of mistakes that could have been easily prevented – like the driver who didn't check his blind spot, or the doctor who dismissed a chest cough.

The millions of vehicles recalled by General Motors in the past month is a classic example of the nightmares the can result from a preventable oversight. Six GM car models from the past 11 years have been recalled due to problems with the ignition switch. The defect causes the ignition to move out of the “on” position, cutting power to the engine and resulting in locked brakes and steering, and preventing the airbags from deploying. 13 deaths and 31 crashes have been linked to the ignition problems. GM was aware of the possible fault with their ignition switches as early as 2004, when an investigation was quickly opened and closed due to the cost of fixing the problem. At the time, GM decided 57 cents was too much to pay for a new part to fix the switches. Ten years later, multiple deaths and accidents are being attributed to that single unfortunate decision.

In Congressional hearings held on April 1^st to examine GM’s delay in action, Mary Barra, CEO of GM, and David Friedman, head of the National Highway Transportation Safety Administration, both gave testimony. Barra, who became GM’s CEO in mid-January, testified that while the reasons behind GM’s decisions were not yet known, they would be investigated fully. She also said that no one at GM had been terminated or found liable at this time. Emphasizing the new consumer-over-cost culture at GM, Barra stated, “It’s not acceptable to put a cost on a safety issue.”

David Friedman of the NHTSA was also called to testify on the agency’s shortcomings in investigating the potential defect. NHTSA received hundreds of complaints about the cars, but according to Friedman, none of them “stood out” when compared to other vehicles. For this reason an investigation was never conducted. Friedman also noted that GM had not provided information that has since allowed the NHTSA to definitively connect the ignition defect with the air bag non-deployment that contributed to so many fatalities.

The continued investigation of GM, both internally and by members of Congress, will hopefully help to bring answers and justice to the victims of this needless tragedy and their families. 

Wayne Cohen is a trial lawyer. He also currently serves as an adjunct law professor at the George Washington University School of Law.

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