Monthly Archives: July 2024

In Memory of Steven Hawkes (July 12, 2024)

Steven Hawkes, 54, of Porter, was killed when his pickup truck was struck by a tractor trailer shortly before 4 p.m. on Friday in Conway, according to New Hampshire State Police officials.

Investigators said the tractor trailer unit, a 2022 Peterbilt tractor pulling a 2009 Manac trailer, was traveling east on East Main Street when it crossed the center line and struck Hawkes’ 2002 Ford F150, which was traveling on the westbound side of the street. Maine man killed in fiery New Hampshire crash involving 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.

Steven Hawkes, Precious One Gone Too Soon

Major truck manufacturers have Front Underride Protection designs which can work on American trucks.

AMERICA’S DANGEROUS TRUCKS (PBS/Frontline Underride Documentary)

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.)

How You Can Help

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

Please sign this petitionSecretary Pete, It’s Past Time To End Death By Underride!

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 could potentially 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.

We are asking that people send us crash reports for collisions with trucks which they suspect involved underride. Send them to marianne@annaleahmary.com. We will submit these as complaints to USDOT. Read more here: Launching a Campaign To Flood NHTSA With Underride Complaint Reports.

In Memory of Logan Williams (July 16, 2024)

The Alcorn County News reported this afternoon that Logan Williams, 18, died in a wreck on Highway 30. Williams graduated from Kossuth High School in May. He was set to play college baseball at Holmes Community College in the fall.

According to MHP, Williams was traveling east on Highway 30 when his 2016 Chevrolet Silverado vehicle entered the westbound lane, colliding with a 2022 Kenworth driven by Carlton A. Beard, 26, of New Albany. Former Lafayette student, recent Kossuth graduate killed in wreck

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.

Logan Williams, Precious One Gone Too Soon

Major truck manufacturers have Front Underride Protection designs which can work on American trucks.

AMERICA’S DANGEROUS TRUCKS (PBS/Frontline Underride Documentary)

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.)

How You Can Help

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

Please sign this petitionSecretary Pete, It’s Past Time To End Death By Underride!

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 could potentially 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.

We are asking that people send us crash reports for collisions with trucks which they suspect involved underride. Send them to marianne@annaleahmary.com. We will submit these as complaints to USDOT. Read more here: Launching a Campaign To Flood NHTSA With Underride Complaint Reports.

Industry Response to ACUP Report; Enough of the Bellyaching Already!

There’s no shortage of industry complaints about the definition of consensus adopted by the NHTSA Advisory Committee on Underride Protection (ACUP) — a simple majority. There’s no mention, however, of the fact that NHTSA itself directed the committee to define it for themselves. Instead, ACUP minority members bellyache about how the safety advocates supposedly took over the reins of the committee and pushed their own agenda.

It should be no surprise that industry stakeholders supported ACUP research recommendations but opposed outright recommendations to proceed with underride protection rulemaking — a stance which they have clung to for 55+ years. So, when the majority passed motions to recommend underride guard mandates, the minority repeatedly attempted to overturn the consensus decision. In so doing, they invented a fake procedural issue, seemingly to divert attention from the real issue: dangerous trucks are killing hundreds of people every year and the industry is not voluntarily doing anything substantial to prevent the senseless spilling of blood.

The trucking voice also wants you to overlook the fact that there has already been decades of research done by engineers and researchers — sometimes suppressed and often ignored by industry and government. Some members of the trucking industry are also hoping that you won’t realize that they have already spent the last 55 years doing little to solve the underride problem themselves, while at the same time, doing everything that they can to discourage Congress and the federal safety agency from proactively issuing strong underride regulations.

These vocal opponents of commonsense safety measures would like you to think that underride guards aren’t really effective at preventing horrific injuries and unimaginable ways to die, that operational issues are insurmountable hurdles, and that there are not enough people dying from underride compared to the supposedly industry-ruining, economy shutting-down costs to justify moving forward with life-preserving action. In actuality, if they could get over their short-sighted, wrong-headed thinking, they might begin to understand that the industry could realize a Win/Win outcome if only they’d stop being so bull-headed.

Some industry members are calling the ACUP efforts divided and their Report a mess and doomed. I, of course, see it differently and detail my perspective at length in my Concurrence With Exceptions Comments for the ACUP Report.

The minority contingent apparently hopes that NHTSA will not act upon the majority recommendations. That, of course, would be no surprise. But what would be a welcome surprise is for ACUP members and trailer manufacturers to attend an upcoming Underride Crash Test Event in Raleigh, North Carolina, on September 13, 2024.

And beyond that, I’d be suitably gratified to welcome industry stakeholders to a roundtable discussion after observing the demonstration of underride protection at work to protect occupants of passenger vehicles, as well as pedestrians, bicyclists, and motorcyclists. In order to increase involvement, we are considering the possibility of organizing this collaborative opportunity as a Zoom meeting.

Save the Date and plan to participate! Double dog dare you!

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NHTSA Defends Itself to Congress – Woulda, Coulda, Shoulda

Last week, I was surprised to learn that the National Highway Traffic Safety Administration {NHTSA) had published a self-analysis of their progress — dated June 2024. NHTSA responded with an 8-page explanation to Congress after a federal advisory committee condemned the safety agency for 55 years of inaction on underride crash protection in a scathing 410-page report published last month.

The committee, called the Advisory Committee on Underride Protection (ACUP), was created by Congress in 2021, and established by a NHTSA charter in 2022, to assess NHTSA’s progress at advancing public safety and make recommendations to the Secretary of Transportation. The ACUP’s report documented a long history of agency reluctance to regulate the trucking industry’s safety practices, exposed allegations of misconduct by senior officials, and called for the reversal of recent rulemaking that the committee believed made “no substantial progress” to improving public safety. The report concluded, “[V]ery little has changed regarding side underride guard advancements in the last 50 years and no substantial progress has been made by DOT to prevent these horrific crash fatalities and injuries.”

All I can say is that NHTSA’s apologia to Congress is woefully inadequate. In a nutshell, “Woulda, coulda, shoulda.”* It further documents that the agency continues its disturbingly long history of inaction. Safety delayed is most certainly safety denied.

The ACUP report can be found here. NHTSA’s report can be found here.

* Put another way, “Spare me the useless & endless excuses!”

Press Release

Advisory Committee on Underride Protection Reports to Congress & DOT Secretary

On June 28, 2024, the Advisory Committee on Underride Protection (ACUP) completed a scathing critique of the Department of Transportation. In a 410-page report, it documented a long history of agency reluctance to regulate the trucking industry’s safety practices, exposed allegations of misconduct by senior officials, and called for the reversal of recent rulemaking that the committee believed made “no substantial progress” to improving public safety.

In its Biennial Report, commissioned by Congress in the Infrastructure Investment and Jobs Act of 2021, the committee contended that fatalities from underride crashes, in which large commercial trucks cause severe injuries to occupants of passenger vehicles, as well as pedestrians, bicyclists or motorcyclists, are largely preventable. But the committee found that, for over 50 years, the Department has not required manufacturers to install guards under the open sides of trailers, due to pressure from the industry.

The report exposed allegations from a whistleblower of serious misconduct. According to a former project manager at the Department in the agency that enforces rules for the trucking industry, senior Department officials in the Trump administration suppressed taxpayer-funded research into the cost-effectiveness of regulations requiring side guards on trucks. Trucking company lobbyists reportedly were angered by the research findings and pressed the Department to alter them. Officials in the Biden administration commenced a rulemaking process that ignored the key findings of the suppressed research. The report called upon the Biden administration to reverse course and start the rulemaking process over again, this time by counting the benefits it previously ignored. Advocates have asked the Inspector General to investigate.

Many of the ACUP’s critiques and recommendations were adopted over the objections of the trucking industry, which lacked the ability to veto the committee’s actions. They published their dissent in a minority report authored by the CEO of Utility Trailer Manufacturing Corporation, which recently was found negligent for the fiery death of a 16 year-old boy in a side underride crash. Utility’s share of the punitive damages was $18.9 million.

The committee, which was composed of engineers, emergency medical professionals, victims, safety advocates, law enforcement, and the trucking industry, sent its Report via NHTSA to Congress and the Secretary of Transportation on July 2, 2024. 

Below are links to the complete ACUP Biennial Report, the Majority Report, a Minority Report, and Appendices, including the statements of concurrence or dissent from ACUP members:

Other useful information to help you dig deeper into the work of the Advisory Committee on Underride Protection: