165 People Killed! 7562 Injured!
Over $100,000,000 in Property Damage!
Provincial Government Helpless - Expects Same Carnage Next Year!
Sounds like a major disaster hit the province, doesn't it? A force so
powerful that even government is powerless to protect its citizens from
injury and death. Welcome to the world of the automobile.
These statistics come from the 1997 Saskatchewan Traffic Accident Facts
yearbook. According to this source there is nothing peculiar about these
numbers. Every year Saskatchewan motor vehicle collisions routinely kill
scores and injure thousands of people.
A Human Meat Grinder
While the mainstream media portrays these collisions as accidents, the
constant recurrence of injury, death and property damage suggests that
in reality they are simply the predictable costs of running an automobile
based transportation system.
For years SaskatchewanÕs Department of Highways emphasized the routine
nature of the death and injuries by noting how many people were killed
and injured in motor vehicle collisions every day and hour. For example
their 1986 annual report noted that there was a traffic ÒaccidentÓ every
16 minutes, 24 people injured every day, and 1 person killed every 36
hours.(1)
These numbers havenÕt changed much over the years. For instance in 1990
there was 1 ÒaccidentÓ every 16 minutes, 22 injured people per day, and
1 person killed every 57 hours.(2) More recently SGI ran an advertising
campaign whose main theme was the number of Saskatchewan people being
regularly hurt and killed in motor vehicle collisions.
The net effect is to show the automobile system for what it is: A human
meat grinder, killing and maiming people every hour of every day, year
in and year out.
Human Cost of the Auto Industry
This human cost represents a significant and necessary annual subsidy
to the automotive industry. An automobile-based transportation system
simply can not operate if it has to guarantee the safety every person
using it. Nor can the industry operate if it had to fully compensate
those people killed or maimed by its products.
Full compensation to automobile victims would represent a substantial
cost. This cost can be calculated using one of two methods. The first
is called the Minimum Cost Method. A second more comprehensive method
is called the Human Capital Approach.(3)
The Cash Value of This Human Cost
Using the Minimum Cost Method motor vehicle fatalities, injuries and
property damage in 1997 cost Saskatchewan people and the provincial
economy $199,594,050.00 (1993 dollars). Using the Human Capital Approach
these same 1997 fatalities, injuries and property damage cost $734,720,000.00
in 1993 dollars.
Again and again, each and every year Saskatchewan residents and the
provincial economy absorb these kinds of costs on behalf of the multi-national
corporations making up the industry. In fact since 1962 the automotive
industry has cost Saskatchewan people approximately $29.6 billion in
1993 dollars using the Human Capital Approach. This does not include
the hundreds of millions annually spent on road infrastructure, which
is still yet another subsidy to this industry.
Provincial Response
Provincial governments have done little but tinker with this awful, costly
transportation system. In 1995 Saskatchewan Highways and Transportation
declared its intention to reduce motor vehicle fatalities and injuries
in the province by 25% by the year 2000. Instead of acknowledging the
inevitable danger inherent in this system and designing safer transportation
alternatives, the department proposed little more than safety education
for drivers.
And the result of this initiative? In 1995 motor vehicles killed 157
and injured 7471. In 1996 motor vehicles killed 135 and injured 6829.
In 1997 motor vehicles killed 164 and injured 7606. 1998 had 148 killed
and 7212 injured; 1999 had 186 dead and 7995 injured.
At the time of this
writing it does not appear that Saskatchewan Highways will reach their
year
2000 target using this ÒDriver EdÓ approach. Worse,
not only do the human and financial costs of motor vehicle collisions
appear to be increasing each year, but the provincial government's response
has been to cap compensation to victims.
Protecting Corporate Profits: Enter No-Fault Insurance
In 1994 the province passed legislation enacting a new no-fault insurance
scheme for Saskatchewan.
Prior to this Saskatchewan had a hybrid automobile insurance system
which provided basic benefits to all collision victims on a no-fault
basis and unrestricted access to the tort system for innocent victims
to recover compensation for losses not covered under the first party
plan.
The new no-fault automobile insurance scheme was implemented in Saskatchewan
in January 1995. This scheme virtually eliminated the right of an injured
individual to seek compensation from the responsible driver for losses
that are not covered under the no-fault plan.
Furthermore the wording of section 102 of the Automobile Accident Insurance
Act appears to protect corporations who should be sued especially if
they are clearly at fault. For example, if Toyota negligently designs
and manufactures a car that injures or kills a driver, the Act protects
Toyota from a lawsuit to compensate the survivors. Or if a municipal
corporation negligently fails to repair a road, and this causes property
damage or bodily injury or death, the municipality can not be sued by
the survivors.
In the words of Ralph
Nader: ÒThey (corporations and individuals) are
virtually immune from lawsuits. And guess what? You have also immunized
General Motors and Toyota, and other auto companies and repair companies
from liability, unless youÕre rich and can tweak them for a few bucks,
about $50,000. Nobody discusses this at all. They must have been clinking
champagne glasses in Detroit, figuring, ÔBoy, they have trouble with
the English Language in Saskatchewan. They swept us right in with the
immunity crowd.ÕÓ(4)
No-Fault has already
had effects on injured victimsÕ ability to recover
compensation due to corporate and individual negligence. According to
the Saskatoon Star-Phoenix, a 23 year old man tried to sue General Motors
after the seat belt in his 1993 Pontiac Sunbird broke and allowed him
to fall out of the vehicle during a mishap. The man suffered head injuries,
scars on his face, and aches and pains. The judge threw the case out
saying that no-fault insurance protects GM.
The victim said that
he was not impressed that GM will not have to answer his accusations. ÒI survived, but maybe the next time somebody wonÕt.Ó
The newspaper also
stated that General Motors may not be the first to benefit from protection
from no fault, and cited examples of where parties
accused of negligence causing ÒaccidentsÓ were protected.(5)
Conclusion
As a result, injured parties and survivors can only recover compensation
available under the no-fault plan. It pits individuals against a large
SGI bureaucracy whose primary objective is to control and minimize
its costs. If an individual does not agree with the insurance assessor
regarding compensation there is no recourse to the courts for a judicial
review.
As Ralph Nader noted,
the big winners in this are the multi-national corporations whose profits
are protected from negligence lawsuits and
whose dangerous, polluting devices can now take human life with impunity.
And while we canÕt sue them, multi-nationals can sue us individually
and even collectively, as they take governments to court for passing
laws affecting their profits.
Unaccountable, inherently
dangerous, polluting and a significant contributor to global climate
change Ð maybe itÕs time to permanently park these
junkers or at least repeal some of the laws protecting them at our expense.
(1) Saskatchewan Highways and Transportation, 1986 Saskatchewan Traffic
Accident Facts.
(2) Saskatchewan Highways and Transportation, 1990 Saskatchewan
Traffic Accident Facts.
(3) Sask Highways, Traffic Safety Branch, Agenda 2000 (March 1995) at
12.
(4) The Law Society of Saskatchewan BencherÕs Digest, ÒRalph
Nader Speaks Out on Saskatchewan No-FaultÓ, Vol. 11, No. 4, August, 1998,
at 1.
(5) (Star-Phoenix, ÒNo-Fault no help: VictimÓ June 11, 2022)