Monthly Archives: January 2022

Can the Insurance Industry Help End the Unfair Fight of Truck Underride Tragedies?

Today is #MLKDay. Mary loved that day because it was a special holiday which she liked to think was in honor of her — Mary Lydia Karth. And Mary loved holidays. Unfortunately, her life was abruptly ended after only fourteen celebrations of that holiday. It was “an unfair fight” on May 4, 2013 — our car against a tractor-trailer with a too-weak rear underride guard.

Karth crash scene, May 4, 2013

The National Association of Mutual Insurance Companies (NAMIC) recently wrote about our story, our advocacy, and that Unfair Fight which has already claimed too many lives and continues to do so nearly every day:

An Unfair Fight – Winter 2021 IN magazine

We’re hoping that insurance companies will catch the vision that they, too, can play an important role in advancing underride protection by providing financial incentives for installing the best possible protection. Let’s end this unfair fight and STOP Underrides!

In Memory of Michael McClintock (January 15, 2022)

One person is dead and two others are in critical condition following a head-on crash Saturday between a semi-truck and an SUV, authorities said. . .

The SUV’s driver, 45-year-old Michael McClintock of Pawnee City, Nebraska, was taken to a local hospital where he was later pronounced dead, the sheriff’s office said. His two passengers — a 46-year-old man from Falls City and a 27-year-old woman from Falls City — were in critical but stable condition as of Saturday afternoon. 1 Dead, 2 Critically Hurt After Crash With Semi-Truck

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Michael McClintock, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this User-Friendly TAKE ACTION online tool.

How You Can Help

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but I think that underride should be investigated as a potential factor in truck crash injuries and deaths.

@SecretaryPete, Will you fix flawed underride analysis or let deaths continue?

In 2020, I became aware of further proof that underride regulatory analysis was both flawed and non-transparent. For some reason, in 2017, the FMCSA contracted with the Volpe National Transportation Systems Center to carry out a Study of Truck Side Guards to Reduce Pedestrian Fatalities. Originally the study goals were listed on the website like this:

Five key tasks are included in this project: (1) study interaction of a potential side guard with other truck parts and accessories (e.g., fuel tanks, fire extinguisher, exhaust system) and the implications for a new Federal Motor Carrier Safety Regulation; (2) investigate applicable international side guard standards; (3) perform a preliminary cost-benefit analysis of truck side guard deployment; (4) propose recommendations; and (5) propose means for voluntary adoption.“  

When I found out that there were no plans to publish the completed study results, I made multiple inquiries at DOT and Congress. Some months later, after Departmental multimodal review, the results were whittled down to a literature review and finally published here:

A Literature Review of Lateral Protection Devices on Trucks Intended for Reducing Pedestrian and Cyclist Fatalities

When I realized that the majority of the report was missing, I submitted a FOIA Request asking for a copy of the entire report but was denied due to Exemption 5:

Exemption 5 protects the integrity of the deliberative or policy-making processes within the agency by exempting from mandatory disclosure opinion, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. Exemption 5 also exempts from disclosure draft documents and recommendations or other documents that reflect the personal opinion of the author rather than official agency position.  Finally, Exemption 5 exempts from disclosure deliberative records that may cause public confusion where the information were not the basis for an agency’s action or final report .

Any reasonable person could look at the conclusions from the published study and compare the data to the literature referenced and realize that there were problems. Here’s a fact sheet outlining the apparent flaws in the report published by FMCSA in May 2020:

Fact Sheet on FMCSA Side Guard (LPD) Report

A flawed conclusion and inconsistent crash analysis cut the apparent Vulnerable Road User safety benefit of side guards by approximately half.

This is bad. This is wrong. In the first place, the error leads to a flawed cost benefit analysis for underride rulemaking. In the second place, even the undercounted underride deaths for Vulnerable Road Users (pedestrians, cyclists, motorcyclists) – to the best of my knowledge – have not been included with data on underride deaths in prior NHTSA underride regulatory analysis. Really flawed cost benefit analysis.

Logic says that a flawed cost benefit analysis will lead to a faulty conclusion. The conclusion from multiple underride rulemaking efforts in the past has been that a regulation is not cost effective. In other words, those lives which could have been saved by underride regulations were not deemed worth the cost.

And, by the way, what exactly was the rationale behind leaving out information from the original study? What was DOT concerned about revealing? Would it have actually justified a side guard regulation, which would, of course, have not been looked on very favorably by many in the trucking industry? Would the study have provided a broader look at additional advantages of side guards, including their ability to increase aerodynamic fuel savings, spray reduction, wind stability, GHG reduction, or other accompanying side guard benefits?

As far as I can tell, NHTSA’s faulty analysis has resulted in “guidance” to the industry which effectively turned a blind eye to the fact that trucks with a dangerous design indisputably allow cars and Vulnerable Road Users to go under trucks and sentence thousands of road users to Death By Underride.

Quote is from Ride for Sylvia – Cleveland – 2020

To compound the problem, at least in recent years, underride rulemaking has been assigned to the Crashworthiness Standards division of NHTSA in the USDOT. In my opinion, that is not a good fit. The majority of rulemaking done by NHTSA has to do with the auto industry, whereas FMCSA is the agency charged with motor carrier safety.

Furthermore, underride protection doesn’t fit the definition of crashworthiness, namely, the ability of a car or other vehicle to withstand a collision or crash with minimal bodily injury to its occupants. Underride protection is installed on trucks but does not protect truck occupants. So the trucking industry gets away with claiming they’re not responsible to take care of the problem. And it isn’t a feature of the car whose occupants need to be protected, so the automakers don’t have any responsibility. Consequently, underride protection doesn’t truly fit into the current NHTSA division of responsibilities as far as  I can tell. The result: on top of industry opposition, underride rulemaking seems doomed because, organizationally, it falls between the cracks.

It appears to me that this complex issue would be better suited as a multimodal collaborative project under the coordination of the Office of the Secretary rather than buried at NHTSA without suitable input from other agencies and the yet-to-be-established Advisory Committee On Underride Protection. Maybe then the Underride Initiative would get the priority status it requires and All Road Users would finally be protected from Death By Underride.

Oh, look, DOT just published their priority Innovation Principles, including this one:

The Department should identify opportunities for interoperability among innovations and foster cross-modal integration. In addition, DOT’s posture must remain nimble, with a commitment to support technologies that further our policy goals.

Will the U.S. DOT let the flawed analysis stand? Or will the coming year see significant progress in underride rulemaking? Secretary Pete, the final determination will be in your hands. Will you decide that comprehensive underride protection is warranted?

In Memory of Sara Paulo (January 9, 2022)

A driver was killed early Sunday morning in Berkley when she slammed into a tractor-trailer while driving the wrong way.

Massachusetts State Police said the driver of a Chevy Trailblazer, later identified as Sara Paulo, 40, of Somerset, was driving north on the southbound side of Route 24. Wrong-Way Driver Killed After Slamming Into Tractor-Trailer On Route 24 In Berkley

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Sara Paulo, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Nathaniel Bowman (January 7, 2022)

Nathaniel Bowman, 24, was pronounced dead after the incident at approximately 3:43 a.m., according to the Mount Gilead Post of the Ohio State Highway Patrol.

Authorities stated that Bowman was operating a gray 2013 Honda Civic northbound on Interstate 71. He entered the northbound truck parking where he traveled onto the left shoulder, striking the rear of a parked semi tractor-trailer. Bowman’s vehicle then continued north where it struck the rear of another parked semi tractor-trailer.

The first semi tractor-trailer struck was a 2018 Utility 53’ enclosed trailer. . . The second semi tractor-trailer was a 2003 Great Dane 53’ enclosed trailer. Mount Gilead man killed in Friday morning I-71 crash

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Nathaniel Bowman, Precious One Gone Too Soon



See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Julio Noriega (January 8, 2022)

A North Bergen police officer died Saturday morning after he rear-ended a garbage truck on his way to work, authorities said. 

Officer Julio Noriega, 28, a two-year member of the North Bergen police force, was driving his Honda Accord north on Tonnelle Avenue near 41st Street at about 7 a.m. when he struck the back of a garbage truck, according to township police Capt. David Dowd. North Bergen police officer dies in a car crash on his way to work

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Julio Noriega, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Ashlee Townsend (January 5, 2022)

Troopers reported in a release that 34-year-old Ashlee L. Townsend of Sedalia (a Range Township village sometimes called Midway) was driving a silver 2007 Dodge Ram south on Route 38 and went left-of-center, crashing into a northbound tractor-trailer.  Madison County woman killed after her pickup truck crashed head-on into tractor-trailer

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Ashlee Townsend, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Donald Fawlkes (January 5, 2022)

Troopers said a 2018 Ford Escape being driven by Donald Fawlkes, 59, of Kernersville, was traveling south on Red White and Blue Road when he crossed the center line and collided head-on with a northbound 2016 Volvo tractor-trailer. Forsyth County man killed in deadly head-on crash involving tractor-trailer truck, troopers say

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Donald Fawlkes, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Michelle Beier (January 4, 2022)

A 59-year-old driver died after colliding head-on with a semi-truck on Highway 169 in Mankato on Tuesday, which shut down the southbound lanes of the highway for hours

According to the Minnesota State Patrol, Michelle Beier of Lake Crystal was driving a Honda Fit northbound on the southbound lanes of Highway 169 when she collided with a semi-truck that was traveling southbound. Wrong-way driver dies in head-on crash with truck on Highway 169

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Michelle Beier, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.

In Memory of Robert Prescott (January 4, 2022)

According to the initial investigation, police say 51-year-old Robert Prescott, of Troutman, was driving a Dodge Dakota westbound on Salisbury Highway when the vehicle went left of center, passing over the turn lane, and striking a UPS tractor trailer head-on. Police: Man Killed After Vehicle Collides Head-On With Tractor Trailer In Statesville

Because the bottom of a truck is higher than the bumper of passenger vehicles, when there is a collision the smaller vehicle easily slides under the truck and the first point of impact is the windshield. Seatbelts, airbags, and car crumple zones do not function as intended in underride crashes —frontside, and rear — leaving passenger vehicle occupants vulnerable to life-threatening injuries.

Robert Prescott, Precious One Gone Too Soon

See Underride Crash Memorials posted here and at #STOPunderrides Tweets. To add photos or more information on this story or to add other underride crashes to be remembered, send an email to underridemap@gmail.com. Please use this Interactive Underride Crash Map Crash Location Input Form to provide us with accurate information . (Note: the map is currently not online; but we would keep the information for future updating and to aid in underride advocacy efforts.)

Support improving Underride Protection on trailers: Contact your legislators with this  User-Friendly TAKE ACTION online tool.

Please sign this petition: Congress, Act Now To End Deadly Truck Underrides.

How You Can Help

Note: In order to raise awareness and preserve the memories of underride victims — precious ones gone too soon — I have been writing memorial posts on what appear to me to be underride crashes. I am not a crash reconstructionist, and I do not have all the facts on these crashes; but underride should be investigated as a potential factor in truck crash injuries and deaths.