PolicyBrief
S. 415
119th CongressFeb 5th 2025
DOT Victim and Survivor Advocate Act
IN COMMITTEE

This bill establishes a National Roadway Safety Advocate within the Department of Transportation to represent road crash victims and survivors, ensuring their voices inform roadway safety programs and policies.

Ben Luján
D

Ben Luján

Senator

NM

LEGISLATION

DOT to Appoint New National Roadway Safety Advocate: Crash Victims and Families Get a Direct Line to Top Brass

The "DOT Victim and Survivor Advocate Act" is setting up a new position inside the Department of Transportation (DOT): a National Roadway Safety Advocate. This person will be the go-to contact for road crash victims, survivors, and their families, giving them a direct channel to share their experiences and recommendations with the DOT's top decision-makers. The aim is to make our roads safer by incorporating real-world feedback into policy and programs. The position is required to be filled within 180 days of the bill's enactment.

Giving Victims a Voice

This bill is all about making sure the people most affected by roadway safety issues—victims, survivors, and their families—have a real say in how things are done. The Advocate will be their point person, gathering feedback and making sure it gets to the Secretary of Transportation. The Advocate's duties include:

  • Education: The Advocate will help stakeholders understand what the DOT is up to, explaining processes and technical information in plain language, and publishing materials in multiple languages.
  • Communication: They'll create ways for stakeholders to share their perspectives and ensure that feedback is passed on to the Secretary, especially regarding DOT regulatory activities.
  • Relationship Building: Regular outreach and meetings with stakeholders and the Secretary (at least quarterly) are mandated to build trust and open communication.
  • Consultation: The Advocate will advise on appointing stakeholders to advisory committees.

The bill defines "stakeholder" broadly, including not just victims and survivors but also their family members—defined to encompass a wide range of relationships. This means a large and diverse group will have access to this new resource.

Real-World Impact

Imagine a family devastated by a crash caused by a poorly designed intersection. Previously, they might have struggled to get their concerns heard by the DOT. Now, the Advocate can take their story directly to the top, potentially leading to changes that prevent future tragedies. Or consider a survivor dealing with the long-term consequences of a crash. They can share their experiences with the Advocate, providing valuable insights into how DOT programs and policies affect people's lives. The Advocate will also produce an annual report, due every November 15th, to highlight ongoing problems and suggest fixes.

Limitations and Challenges

It's important to note that the Advocate's role is primarily about communication and feedback. They won't be making legal decisions, setting policy, or interfering with existing laws (Section 2(e)). They can't provide legal advice or create or change DOT deadlines. The Advocate reports to the Office of the Under Secretary of Transportation for Policy and is guaranteed access to necessary documents and support (Section 2(f)).

While this bill creates a valuable new resource, its success will depend on how effectively the Advocate can gather and relay stakeholder input, and how seriously the DOT takes their recommendations.