Monthly Archives: September 2019

Dispelling Common Misconceptions About Underride Protection

September 25, 2019Safety Advocacy, Truck SafetyKrone side guards, side underride, side underride guards, underride facts, underride misconceptions, underride myths, underride secondary collisionsMarianne

It’s time to provide the documentation to counteract unfounded fallacies and speculations about underride protection.

COMMON MISCONCEPTION: ” A European trailer maker saw trailer failures due to the increased rigidity in the trailer structure from added frame supports for side underride guards, TTMA reported. The trailers were less flexible when operated over uneven road surfaces or on surfaces that produced twisting forces, which led to the trailers becoming disabled during highway use, presenting safety risks to other motorists.” https://www.truckinginfo.com/340949/should-truck-trailers-have-side-underride-guards

RELATED FACTS: 1. ATA is referring to concerns about the kinds of damage experienced by owners of Krone trailers in Europe. A side guard developed by the Krone company in Europe had problems with causing cracks over time in the trailer floor. This has been pointed to by many in the industry as “proof” that no side guard can be designed which will not damage the trailer and cause other safety problems. Please take some time to review this deposition and an excerpt which includes questioning of a Krone representative.

yorg-sanders-depo (2)

yorg-sanders-exhibits (1)

KRONE Deposition Excerpt Side Guard

2. You will find that although it was not a technical success, the company chose not to continue developing it due to economic reasons because safety was not their original motivation. At the time they were the only ones trying to stop cars from going under the side of trucks in Europe and they chose not to continue on that path. However, Mr. Sanders was not implying that it would have been impossible to make corrections had they tried.

3. Krone embarked upon a complete curtain-sided trailer redesign, which happened to have a low frame. Clearly the connections and the members weren’t designed/constructed adequately and they had problems. Mr. Sanders says that this experience is not indicative of what will happen when a side guard is added to an existing US-style box trailer.

4. It should be noted that Krone did not design a side guard to go on the side of a trailer, instead they designed a new type of trailer which had side underride protection. It was the trailer design which had technical problems — not a side guard which caused structural problems to an existing trailer design.

5. Also, it is my understanding, from the deposition, that Krone had a working relationship with Wabash Trailers in the U.S. at the time when they were working on the trailer which had a side guard on it. Although Krone made the decision not to continue development of side underride protection on their trailers, Wabash Trailers themselves did R&D work on side guards. In fact, they have showcased their prototype side guard at truck shows in the U.S. in 2017 and 2018. And they have a side guard patent issued in the U.S. on March 14, 2019.

UPDATE, June 19, 2023: Please note that we were able to have a Zoom discussion with the German engineer who designed the system used on the Krone trailers. Here the story from him: Global Underride Discussion.

COMMON MISCONCEPTION: “TTMA also pointed out that there would be a significantly increased likelihood of high-centering of the side guards on steep changes in highway and street levels, such as elevated railroad crossings, which can result in tractor-trailers becoming stranded on railroad tracks.” https://www.truckinginfo.com/340949/should-truck-trailers-have-side-underride-guards

RELATED FACTS: Attached below is a compilation of all railroad grade crossing accidents compiled by the Federal Railroad Administration for the past 5 years — compiled to address the supposed counter-safety “concerns” expressed by TTMA etc. like railroad hang-ups.

2014-2018 RR Crossing Data

In the last five years for the population of trailers we currently have including the lowboys, car haulers, cattle haulers, beverage trailers, etc there have been ZERO fatalities coded as truck-trailer stuck on track.

Even if one were to assume a side guard at 18 inches high would create more hangups and accidents – and the standards on grade crossings say they won’t – it is just not a statistically frequent fatal or injurious event in comparison to side underrides. Maybe this is why the NTSB, the one responsible for investigating significant rail transport accidents, still recommended side guards for trailers.

COMMON MISCONCEPTION: “The problem of added weight and reduced payload, many regulations result in unintended consequences. . .” https://www.truckinginfo.com/340949/should-truck-trailers-have-side-underride-guards

RELATED FACTS: 1) Like any new technology, over time the technology will be improved upon and costs will decrease. 2) If reduced payload means more trucks are on the road (although a weight exemption has been entertained and not all trucks run full all the time), some people speculate that there will be more truck crashes as a result. I postulate that those crashes (because of the underride protection which will be on those trucks) will be more survivable and, thus, will not lead to an increase in fatalities. 3) Some say that if there are side guards, when cars collide with the side guard and are deflected, then there may be secondary collisions as a result. I say that any secondary collision will most probably be less deadly because the crashworthy safety features of the cars will be triggered and effective at protecting passengers — unlike what occurs in underride when the crumple zones, airbags, and seat belt tensioners are not able to function as intended. 4) Besides, if a car goes under the side of a truck and keeps going, as Joshua Brown’s Tesla did, it could also lead to secondary collisions.

A comment has been made that a side underride regulation would be putting the cart before the horse due to the limited amount of available alternatives. That brings up the question: If there is an engineering problem in an industry, should we look to the industry to see what they can do about it? Why on earth should they sit around waiting for someone else to solve it for them?! Sadly, that seems to have been the prevailing industry attitude since at least 1969.

Fortunately, in addition to Perry Ponder’s AngelWing side guard and Aaron Kiefer’s SafetySkirt, some trailer manufacturers have been working on development of side underride solutions. But, unfortunately, there has been little to no encouragement given to them by the federal government or other components of the trucking industry to move forward. And potential investors are hesitant to back innovations until they are assured that there is likely to be a market.

Vanguard Strap Side Underride Guard Patent

Who will free us of this chicken & egg dilemma which has cost so many lives?

Myth-busters: The D.C. Underride Crash Test Event Team, March 26, 2019

What Will Be The Outcome of Yet-Another Side Underride Lawsuit?

September 25, 2019Safety Advocacy, Truck Safetyside underride, side underride guard, underride litigation, Utility Trailer ManufacturerMarianne

I’m sitting on the edge of my seat — waiting for a breakthrough that will bring us to a day where there will be no need for yet-another lawsuit to be filed for a side underride wrongful death. Because underride protection will make that a thing of the past. . .

Meanwhile the Valenzuela family filed a lawsuit in California on September 24, 2019, because their son, Irving Valenzuela (18), died as a result of a side underride crash on July 10, 2017. Because — among other things — side underride protection could have given him a CHANCE AT A BETTER OUTCOME.

VALENZUELA.First Amended Complaint

Should industry be self-regulated for safety?

September 22, 2019Safety Advocacy, Truck Safetyanti-regulation, self-regulation, truck safety, trucking industry, trucking regulations, underride regulationsMarianne

Perhaps your political leanings favor self-regulation rather than imposing regulations upon industry. But what do you do if that industry has opposed life-saving measures for fifty years and thousands of people die as a result?

Like a UK Committee argued about the tax industry, might you conclude that, “Government needs to take a more active role in regulating the [trucking] industry, as it evidently cannot be trusted to regulate itself”?

**History of Underride Timeline at the Underride Roundtable, May 5, 2016 at the IIHS**

**Karth Rear Underride Crash, May 4, 2013**

SafetySkirt Inventor Developing Rear Reinforcement Attachment to Strengthen Rear Underride Guards on Trucks

September 16, 2019Safety Advocacy, Truck SafetyAaron Kiefer, AngelWing, Perry Ponder, Rear Reinforcement Attachment, rear underride guards, SafetySkirt, side guards, side underrideMarianne

Eight major trailer manufacturers have designed stronger rear underride guards to withstand a crash test at 35 mph all the way across the back of the trailer — earning them the TOUGHGuard Award from the Insurance Institute for Highway Safety (IIHS). This is significant because their previous designs — though meeting the current federal standard for rear guards — have been proven too weak and ineffective by IIHS.

There are about 300,000 new trailers sold every year. Some manufacturers are selling the stronger guard as Standard on all new trailers. Others are selling it as an Option, meaning that trailers may still be sold with guards known to be too weak to stop cars and save lives.

In addition, if we don’t retrofit the existing 11 million+ trailers with stronger guards — which will meet the TOUGHGuard criteria (plus side and rear underride protection) — it will be years before the entire fleet will be safer to drive around.

Fortunately, some of the trailer manufacturers have a retrofit kit for the rear guards, so that a trucking company could theoretically purchase kits to make their trucks safer. However, without a mandate to do so, I don’t imagine that will happen too quickly.

But I am encouraged by the work of Aaron Kiefer, a North Carolina crash reconstructionist who has seen so many underride tragedies that he decided to design some solutions on his own — primarily out of his own pocket and on his own time, with the support of his family who share their husband and dad with his life-saving project.

Just this weekend, Aaron installed the latest version of his Rear Reinforcement Attachment to a 53 foot trailer. Over the last five years, Aaron has been developing a design for two aluminum triangles, which are fastened to both sides of the trailer and then attached to both ends of the existing rear underride guard.

*The latest version installed on September 15, 2019.*

This reinforces the strength of the rear guard — improving its capability to stop a car and prevent underride. But it, also, serves as the point of attachment for Aaron’s side guard invention, the SafetySkirt — polyester webbing which can be combined with a side skirt to both save fuel and save lives.

*A previous version of the Rear Reinforcement Attachment and SafetySkirt system.*

You can see the SafetySkirt being tested at the D.C. Underride Crash Test Event on March 26, 2019:

We are looking forward to the day when Aaron’s SafetySkirt System can be tested at IIHS to prove its usefulness as an affordable, lightweight solution, which could theoretically be available as an option to retrofit any truck on the road with effective side and rear underride protection.

Aaron, like Perry Ponder who invented the AngelWing side guard, and countless other engineers, who should be given a green light to solve the underride problem, are amazing members of my Underride Hero Hall of Fame — along with my husband Jerry who has contributed a wealth of ideas in this underride advocacy journey.

“As a. . . result of Utility Trailer’s negligence. . . Riley Hein LOST A CHANCE AT A BETTER OUTCOME”

September 15, 2019Safety Advocacy, Truck Safety#stopunderrides, ATA, front override, front underride, litigation, rear underride, Riley Eric Hein, Riley Hein, side underride, TTMA, underride litigation, Utility TrailerMarianne

According to a WUSA9 Investigative Report on Underride, court documents show, “As a direct, legal, and proximate result of Utility Trailer’s negligence, Plaintiffs’ decedent Riley Hein LOST A CHANCE AT A BETTER OUTCOME when instead of simply colliding with the semitrailer, his car became trapped underneath the semitrailer, resulting in a fire and directly leading to his death.”

That’s what the #STOPunderrides Bill is all about! If passed, this legislation will give motorists and vulnerable road users A CHANCE AT A BETTER OUTCOME when they have the misfortune of colliding with a truck. Effective underride protection will prevent underride and enable the car’s crashworthy safety features, like the crumple zone, airbags, and seat belt tensioners, to do their job and protect the car’s occupants from deadly injuries.

This includes not only SIDE underrides but also those collisions that occur at the FRONT and the REAR of trucks. A few weeks ago, I obtained a FARS data report from NHTSA (DOT) for “reported” underride deaths during 1994-2017. It clearly shows that the number of reported underride deaths did not significantly decrease after a federal standard for rear underride guards was implemented in 1998.

NHTSA Fatality Analysis Reporting System (FARS): Underride Deaths, 1994-2017

Apparently, neither NHTSA nor the trucking industry bothered to make it a priority to look at those statistics and ask some hard but important questions, “Why are people continuing to die under trucks?” and “What can we do about it?”

In fact, just the opposite apparently occurred as evidenced by court documents which reveal that the trucking industry deliberately acted to protect themselves from being forced to add underride protection to their trucks. The TTMA (Truck Trailer Manufacturers Association) did not do this alone; the ATA (American Trucking Associations) played their part as well.

The question is: Where do we go from here? Congress, I’d say that the ball is definitely in your court.

“‘He’d want us to go on’ | Accident victim’s family wins $42M from trucking company”

September 13, 2019Safety Advocacy, Truck SafetyAndy Young, Eric Flack, jury verdict, litigation, Riley Hein, side underride, underride litigation, Utility ManufacturingMarianne

Latest WUSA9 underride series segment reports on the $42 million jury verdict in Riley Hein’s side underride case. The report includes Eric Flack’s interview of Andy Young, CDL holder and truck litigation attorney, during the D.C. Underride Crash Test Event.

“These are the things that ultimately result in the eight-figure verdicts which can push a motor carrier into bankruptcy,” Andy Young said, a former truck driver who now represents accident victims families in lawsuits against trucking companies.

“So, you’re actually protecting everyone in the industry as a result of these devices,” Young said.

See the broadcast and read the article here: https://www.wusa9.com/article/news/local/victims-family-wins-42-million-from-trucking-company-after-underride-accident/65-a113e4ee-6137-4f2d-8580-19b4bb294a9e

*Riley Eric Hein*
*(Photo courtesy Eric Hein)*

Joshua Brown/Tesla Side Underride Crash Coded as “No Underride” in FARS Data

September 8, 2019Safety Advocacy, Truck SafetyFARS, Joshua Brown, NHTSA, NTSB, side underride, Tesla, TIFAMarianne

Tell me again why we are letting the flawed data on underride deaths determine the Cost Benefit Analysis — and thus the decision on underride regulations. We already knew the FARS data was underreported; we just discovered additional disturbing evidence of that fact.

At the end of August, I obtained the FARS field dump data for the Joshua Brown Tesla deadly crash in Florida when his car went completely under the side of a tractor trailer and out the other side on May 7, 2016. In the field which has to be filled out related to underride, it is listed as “No Underride or Override Noted.”

What?! Imagine that! A clear-cut, well-known side underride crash — investigated by the NTSB — and NHTSA got it wrong. In 2016.

You can see it for yourself in this pdf, p. 10:

FLORIDA_2016_FARS_CASE_120918 (1)

And that’s not the only one I received. I also requested the FARS data on Roya Sadigh’s crash (daughter of Lois Durso) on November 24, 2004 — one that we know is a side underride with clear evidence of Passenger Compartment Intrusion (PCI). Again, “No Underride/Override.” See p.3:

INDIANA_2004_FARS_CASE_180748 (1)

We had already received FARS data on our own crash on May 4, 2013. It says “Passenger Compartment Intrusion Unknown.” And the Georgia FARS report for 2013 at the Rear of trailers lists one underride — despite two daughters having died under the truck.

In response to a request for explanation of a recent withdrawal of the underride rulemaking for Single Unit Trucks, Senator Gillibrand received a letter from NHTSA in August explaining that they had used TIFA (trucks in fatal accidents) data rather than FARS data. However, upon closer examination one will discover that the TIFA data is based upon the FARS data. How reliable is that?

Scene of crash testing of Aaron Kiefer’s SafetySkirt. How silly is it to ignore solutions to prevent side underride tragedies?!

UPDATE, February 11, 2023: The Joshua Brown crash has been updated in the FARS data to indicate that it was an Underride with Passenger Compartment Intrusion.

Is it time for a Congressional Underride Hearing?

September 2, 2019Safety Advocacy, Truck SafetyCongressional Hearing, Congressional Underride Hearing, NHTSA, side underride, trailer manufacturersMarianne

STOP Underrides UPDATE: September 2019

Jury Verdict $42 million in Riley Hein Side Underride Case: Found the Trailer Manufacturer Negligent — The jury found that Utility Trailer was negligent and that its negligence caused Riley Hein’s death. They determined the total damages to Riley’s estate and his parents was $42 million. However, the jury found that Utility Trailer was 45% at fault, while the truck driver was 55% at fault, so the total verdict against UTM is $18.9 million.
Joint Defense Agreement of the Truck Trailer Manufacturers Association — collaborating to defend themselves from lawsuits when people die under trucks — perfectly legal.
Great Dane Trailers 2016 Side Underride Case. Incriminating signs of industry lobbying efforts to prevent regulations which would have saved lives.
Meanwhile, what could the manufacturers have been doing instead of defending themselves for the last 50 years? (1969 DOT intention of adding a side guard regulation, 1970 DOT expectation that side guards would be developed, & 2019 Vanguard Trailers side guard patent application) If they had concentrated on R&D for the best possible underride protection instead of opposing underride regulations, imagine how many people could have been saved!
NHTSA not doing its job and continuing to undercount underride deaths: NHTSA says that the TIFA data is what they used in their regulatory analysis. Yet, FARS data is undercounted and TIFA data is based on FARS data! How does that make any sense?!
Here are 3 examples of errors in specific known underride crashes: #1– Roya’s FARS report says that there was NO underride; #2 — AnnaLeah & Mary’s FARS report shows that only 1 person died from REAR underride in Georgia in 2013 but 2 daughters died under the truck; #3 — In this well-known May 2016 side underride of a Tesla car under a trailer, the FARS report says “NO UNDERRIDE”. Joshua Brown/Tesla side underride FARS Report
September 3, 1969: Congress was discussing the need to pass a law for improved rear, front, and side underride protection on all trucks to permanently remove this deadly problem from American roadways.
Congress, the ball is in your court. What more do you need to know to convince you to take action? Is it time for a Congressional Underride Hearing?

On September 3, 1969, Congress discussed UNDERRIDE. How many more people have to die before Congress lays down the law?

September 2, 2019Safety Advocacy, Truck Safety1969, Congressional Record, underride, underride regulationMarianne

On September 3, 1969, U.S. Congressman Vanik from Ohio was given the floor. He made a lengthy statement, with noteworthy comments about underride protection, including the inadequacy of the proposed regulation for rear underride and the absence of regulations for smaller straight trucks, as well as protection on the sides and front of trucks.

Wait! What? Imagine! Fifty years ago, not only was DOT proposing rulemaking, but the U.S. Congress had become informed on this issue and wanted to see immediate action taken to make comprehensive and effective underride protection on all trucks THE LAW!

Are you listening, Congress? NOW is the time to act! Pass the STOP Underrides Bill into law already!

Too many people have already paid the price since that public Congressional discussion which took place fifty years ago on September 3, 1969. No more.