PolicyBrief
H.R. 851
119th CongressJan 31st 2025
DOT Victim and Survivor Advocate Act
IN COMMITTEE

This bill establishes a National Roadway Safety Advocate within the Department of Transportation to serve as a point of contact and resource for victims, survivors, and their families, ensuring their voices are heard and considered in roadway safety programs and policies.

Steve Cohen
D

Steve Cohen

Representative

TN-9

LEGISLATION

New DOT Advocate to Represent Crash Victims and Families: Position Established Within 180 Days

The "DOT Victim and Survivor Advocate Act" creates a new National Roadway Safety Advocate inside the Department of Transportation (DOT). This isn't just another bureaucratic title – it's a direct response to the need for a dedicated voice for those impacted by road crashes. The law, signed and set to take effect within 180 days, mandates this advocate to be a bridge between victims, their families, and the DOT. (SEC. 2)

Roadside Assistance: For Victims, Not Just Vehicles

This section of the bill focuses entirely on setting up the Advocate's position and defining who they represent: "stakeholders," which the bill clearly defines as victims or survivors of road crashes and their immediate family members – parents, in-laws, grandparents, siblings, spouses, children, and step-children. (SEC. 2) The advocate's main job? To communicate stakeholders' recommendations about roadway safety programs directly to the Secretary of Transportation and to act as a resource for these families navigating the often-complex world of the DOT. (SEC. 2)

For example, imagine a family dealing with the aftermath of a crash caused by a poorly designed intersection. Previously, they might have struggled to get their concerns heard. Now, the Advocate can take their feedback, along with similar input from other families, and present it directly to the top levels of the DOT, potentially leading to real changes in road design and safety protocols.

Power, But Within Limits

While the Advocate has significant power to educate stakeholders, facilitate communication, and even consult on appointments to advisory committees, the bill also sets clear boundaries. (SEC. 2) They can't give legal advice, set policy, or interfere with ongoing investigations. (SEC. 2) Think of them as a powerful translator and facilitator, not a judge or policymaker. They're there to make sure victims' voices are heard and understood, but the DOT still makes the final decisions.

One key requirement is the annual report. By November 15th each year, the Advocate must submit a report to the Secretary of Transportation, highlighting systemic safety issues and offering recommendations. (SEC. 2) This ensures ongoing accountability and a consistent focus on improving road safety based on real-world experiences.

Potential Roadblocks?

While the bill's intention is good, there are potential challenges. The Advocate's effectiveness will depend on the DOT's willingness to listen and act on their recommendations. The position could be underfunded, or the Advocate could become a figurehead, lacking the resources or support to make a real difference. This is a new role, and its success is something to watch over the next year.