Category Archives: AnnaLeah and Mary

“Opponents of white collar criminal prosecutions argue that corporate managers should not be charged criminally for regulatory violations”?

September 4, 2015AnnaLeah and Mary, Truck Safetyauto safety defects, manufacturing defects, underride guards, white collar crimeMarianne

“’Opponents of white collar criminal prosecutions argue that corporate managers should not be charged criminally for regulatory violations because health, safety, and environmental rules are too complex to understand and violations of such arcane requirements do not cause real harm,’says Rena Steinzor, author of Why Not Jail? Industrial Catastrophes, Corporate Malfeasance, and Government Inaction.

“’Both arguments are revealed as hypocritical by the criminal prosecutions of three drivers who had fatal accidents as a result of a defect that the manufacturers’ executives covered up. All of these accidents caused fatalities and the drivers were charged with versions of vehicular manslaughter or reckless driving. Only after suffering through great hardship and, in one case, two years in prison, were they exonerated by belated disclosure of corporate malfeasance. The cases are just the latest example of the double standard that prevails between street and white collar crime.’”

– See more at: http://www.corporatecrimereporter.com/news/200/vehicular-homicide-and-manslaughter-convictions-being-reversed-as-drivers-blame-corporations-for-auto-defects/#sthash.fPVqpLAk.dpuf

I wrote about this in a previous post, and I will repeat it here:

https://annaleahmary.com/2015/05/how-a-truck-crash-changed-the-month-of-may-or-what-happens-when-nobody-takes-responsibility/

My grief is complicated by the many things which I have learned about highway safety and the growing awareness that, way too often, nobody really takes responsibility for the countless and potentially-preventable deaths which occur on the roads of our country year after year.

Until that May, I had never heard of an underride crash–too often due to an underride guard that did not prevent a car from riding under a truck and resulting in horrific injuries and deaths. Recently I have read many reports of the problems with defective cars and the fatal crashes which have occurred as a result. Who takes responsibility for these deaths? And when will they come to an end?

For example, here is a report on recent activity with GM recalls:

“. . . the company took its taxpayer-funded bailout agreement and turned it around on millions of consumers unlucky enough to own compact cars with ignition switch defects who had accidents before July 10, 2009, the date when the agreement became effective. Invoking a liability shield negotiated by the Obama administration,GM won a ruling from a bankruptcy judge that is now on appeal, avoiding billions in damages for injuries, deaths, and the lost resale values of vehicles with the defect. The judge took the view that when the ‘old GM’ went bankrupt, the ‘new GM’ got a fresh start, even though all but 15 of the executives and managers involved in the ignition switch fiasco remain ensconced in the company’s iconic skyscraper in Detroit. GM won this counter-intuitive relief even though areport it commissioned from former U.S. Attorney Anton Valukas revealed that senior executives knew about the problem as early as 2005 but dragged their feet on notifying consumers until 2014. ‘Although everyone had responsibility to fix the problem, nobody took responsibility,’ he wrote.” http://www.huffingtonpost.com/rena-steinzor/gm-and-its-no-good-very-bad_b_7191124.html

“Why Not Jail? makes a compelling argument for criminal prosecutions of executives who tolerate noncompliance and endanger public health and the environment.’” http://www.acslaw.org/acsblog/white-collar-crime-and-justice

“Courage, dear heart.”

August 28, 2015AnnaLeah and MaryAslan and Lucy, Chronicles of Narnia, courage, grief, peaceMarianne

Susanna gave me this lovely bracelet for my birthday. Such a wonderful word of encouragement for those moments when dark thoughts find their way in to disturb my peace:

http://simplyputstudio.com/products/courage-dear-heart-chronicles-of-narnia-c-s-lewis-bracelet

http://emmagayle.blogspot.com/2011/03/courage-dear-heart.html

Mary loved the Chronicles of Narnia. For many years before she read the books herself, her older brothers and sisters read them out loud to her. And she watched the BBC videos for hours on end.

I just found this video which someone made of Lucy and Aslan to the song Wrapped in Your Arms. It makes me think of AnnaLeah and Mary. I am so glad that they knew the comfort of His loving arms. “Courage, dear heart.”

Beach photos by The Karths (Naomi & Sam)

Celebrating Life. Figuring out how old they would have been–year after year. Minus 40, then minus 4.

August 26, 2015AnnaLeah and Marycelebration of life, grief, joy and sorrowMarianne

When I was taking a walk this morning and wishing that AnnaLeah and Mary could have been with me to celebrate my 60th birthday, I realized that it won’t be as hard as I thought to figure out each year how old they would have been.

As their siblings get older and leave AnnaLeah and Mary behind in their dust, I was worried that as I age I would have to work hard to calculate their would-have-been ages. It will be easy though. AnnaLeah was born when I was 40 (she liked to use her age to figure out how old I was!). And Mary was 4 years younger than her. So I simply have to take my age, subtract 40 for AnnaLeah and then 4 more for Mary.

I would have been 62 when Mary turned 18. My baby. Whom I was counting on to take care of me when I got older. (The rest of them will have to take up the slack.) She would have liked the walk I took in the woods today and the frisbee golf course.

I am thankful for my family and the wonderful memories I will always have.

You can do it! Ignore your phone until you can safely answer it.

August 25, 2015AnnaLeah and Mary, Truck Safetydistracted driving, safe roadsMarianne

You can do it! Ignore your phone until you can safely answer it. Mary recorded herself for my ringtone. She wanted to be famous. While she might not have died from distracted driving (we don’t know what made the truck driver crash into our car), I think that she would have liked to be known for helping others to drive more safely.

(Photos taken from various stages of Mary’s life.) https://annaleahmary.com/about/

It is this “conspiracy of silence” surrounding death as it relates to crash fatalities that I would like to shatter.

August 25, 2015AnnaLeah and Mary, Truck Safetydeath, grief, highway safety, road safetyMarianne

Some time ago, I wrote a lengthy post. Very lengthy. With the thought in mind that some might not have read to the end, I am reposting it in a different fashion: the end comes first:

“I will be eternally grateful that Mary and AnnaLeah were ready when death knocked at their door on a day when they did not suspect it. I am comforted by a letter we found after their funeral which Mary had written to herself (meant to be read ten years later) a few weeks before our crash. One of the things she said–and which I will never forget–was that she hoped that she was living every day as if it were her last.

The Bible says that, Death is the destiny of every man; the living should take this to heart.(Ecclesiastes 7:2) Why is it that Too Often we do not do so? Why do we live and think and act as if we were invincible and invulnerable?

According to Rod Lensch, ‘One good explanation is that death is like the law of gravity. We recognize its reality but rarely think about it. People generally tend to walk into life with hope and confidence but back into death with uncertainty and fear. So the conspiracy of silence surrounding death continues unabated.’

And, it is this “conspiracy of silence” surrounding death as it relates to crash fatalities that I would like to shatter. I would like to shine a spotlight on these countless unnecessary and preventable deaths and call for change–for safety to become much more than a word that is flippantly tossed around without any real and lasting impact.

Let’s be bold and decisive and circumspectly do the sensible and compassionate thing. Let’s do our part–each one of us–to protect those around us from all harm and danger that they might love and laugh and live their life fully.

This morning, as I was taking a shower, I began singing Amy Grant’s song, Thy Word Is A Lamp Unto My Feet. https://www.youtube.com/watch?v=gs-aiQ9NZ1g

Normally, that song is an encouragement to me. But as I got to the phrase, ‘Please be near me to the end,’ I ‘lost it’ as the memory returned of my girls’ abrupt and premature end to their lives. At one and the same time, it was a comfort that He was indeed near them ‘to the end’ and a great sorrow that their ending had to come in such a way and at such a time–so unnecessarily for me to see and bear in my own lifetime, and for them to miss out on so much more of life, not to mention all the lives now bereft of the love and gifts they so freely shared.

It is at such moments that I cry out, ‘May there be an end to Too Often, Too Little, Too Late. And may it come quickly.’”

You may read the rest of that post here: https://annaleahmary.com/2015/03/too-often-too-little-too-late-a-conspiracy-of-silence/

Face-to-face with our congressman, George Holding, to discuss truck safety concerns

August 22, 2015AnnaLeah and Mary, Truck SafetyCongress, driver fatigue, ELDs, FMCSA, grief, HOS, loss, minimum insurance, underride guardsMarianne

Earlier this month, I met with Congressman George Holding’s Constituent Services Representative, Doug Wegman, in Sharpsburg, North Carolina. I was the only one at the “Town Hall meeting” and was able to share the story of our truck crash and some of our concerns about truck safety. It seemed like a productive meeting.

I had emailed Congressman Holding’s office in June asking for an opportunity to meet with him while he was in recess in North Carolina. That never came about until I emailed my contact again early this week and repeated my request. I was then asked if I could meet with him in Raleigh on Friday, August 21, at 11:00 a.m.

Actually, that worked out very well (couldn’t have planned it better myself) because I was dropping our son off at the airport to go back to college in Texas that morning and then proceeded to the meeting with Holding. Doug Wegman was also there along with Holding’s District Director, Alice McCall.

I shared with Congressman Holding that I had grown up as a Republican and was quite surprised after our crash to find out that, in general, the Republican party line related to truck safety legislation consistently appeared to be pro-trucking industry and anti-safety. I am puzzled why there cannot be bipartisan solutions to these issues.

https://annaleahmary.com/2014/07/truck-safety-needs-bipartisan-support-protecting-its-citizens-is-one-of-the-basic-purposes-of-government/

His response — a typical one — was that Republicans generally oppose government involvement and regulation. The problem I have with that is the reality which I have painfully discovered that “safety is not an accident” — it doesn’t just happen by itself. Without rules and regulations and enforcement and justice and requirements, chaos and injury and death are more likely to occur.

At least I have not seen a better alternative. Have you?

However, thankfully, I came away from the meeting feeling that it was productive — a thought echoed by another son who attended with me. We had the opportunity to raise several truck safety concerns, including driver fatigue (electronic logging devices and hours of service), underride guards, and the minimum liability insurance for truckers.

We concentrated on the minimum insurance issue — which has not been raised — for 30 years and therefore certainly has not kept up with inflation. (Is that any surprise?!) The current level, $750,000, set in in the 1980s — adjusted for inflation — would now be more like $3.2 million for the medical CPI adjusted level according to p. 11 from this document: http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf .

And the statistical value of life is $9.2 million: VSL Guidance-2013-2 DOT value of life

I had a binder put together to leave with Congressman Holding. It had numerous articles about the insurance issue, including what the opposition (the trucking industry) has been saying about premiums skyrocketing if the minimum liability is raised — from $5,000 to $20,000. I showed him what I had found out from a couple of insurance companies which indicates that it would be more likely to go up to maybe $9,000. A bit of a difference.

This kind of potentially inaccurate and misleading information has been publicly disseminated and has influenced many truckers (most vociferously by representatives of OOIDA, Owner-Operator Independent Drivers Association, which by the way happens to sell insurance to truckers, http://www.ooidatruckinsurance.com/) and legislators. In fact, I showed him the House Roll Call in which he had voted to freeze the funding for FMCSA to study this issue — even though Congress had previously authorized them to do so.

I was gratified that Holding took the time to look over the roll call and examine the 10 Republicans who had supported the need to allow FMCSA to proceed with rulemaking on this issue. He indicated that he intends to make some contacts for us, asked Doug to write down some of the names and the people both in the Senate and House with whom he is willing to connect us so that we can continue to shed light on this concern and ensure that the truth of the matter is uncovered.

I was also appreciative of the District Director’s input. When we discussed our pursuit of underride research to support the improvement of underride guards, Alice McCall mentioned that they could help with some contacts at universities, among other things.

In addition, she asked me how to pronounce AnnaLeah’s name (An-na-Le-ah) and said that it was beautiful. I told her that AnnaLeah loved her name and its uniqueness–although she had planned on publishing any written works under a pen name. I had showed them Mary’s braids and said that I was thankful that the nurse saved them and gave them to us. I had also brought along a shoulder bag which AnnaLeah had knit from a pattern in her head.

It reminded me of the many triggers which daily life brings of the loss we bear; as we drove to Raleigh I had seen a car on the side of the road. There was something sitting on top of the trunk of the car and for some reason that reminded me of our car after the crash — demolished with broken bodies inside. And it took my breath away once more to think of AnnaLeah’s life instantly snatched away. And the joy and creativity that were abruptly cut short.

https://annaleahmary.com/2015/05/my-favorite-memories-of-annaleah-well-some-of-them/

Alice also mentioned that she has several daughters. And, I had noted that Congressman Holding has 3 young daughters and a son himself. It is helpful to know that people understand that this is not just a matter of corporate profit but a life and death matter which could happen to anyone at any time.

Interesting articles, letters, and documents on the minimum insurance topic:

All in all, we felt that we were heard and are hopeful that Congressman Holding is likely to make decisions and take actions in the future to positively affect road safety as a result of the time which we spent with him.

p.s. Just read an Op-Ed (by a former executive of the American Trucking Associations) in today’s New York Times: http://www.nytimes.com/2015/08/22/opinion/the-trucks-are-killing-us.html?emc=edit_tnt_20150821&nlid=37926955&tntemail0=y&_r=0

p.p.s. Just scanned this OOIDA brochure–found at a truck stop while we were on a road trip.

p.p.p.s. Mary’s braids:

p.p.p.p.s. AnnaLeah knitting one of her many creations.

Thoughts on making a Public Comment on rulemaking for Single Unit Truck underride protection (Ends September 21)

August 20, 2015AnnaLeah and Mary, Truck SafetyNHTSA, single unit trucks, SUTs, underride guardsMarianne

DOT is studying whether or not they should require “single unit (or straight)” trucks to be safer, i.e., be built so that–when a vehicle rear-ends them–the smaller vehicle does not slide underneath the larger truck. And they are asking people to let them know what they think about this.

What might you say about the proposed rulemaking for underride protection on these trucks? (Examples of SUTs are dump trucks, garbage haulers, concrete mixers, tank trucks, trash trucks, and local delivery trucks.)

What I would suggest is that you point out the fact that people die every year when their vehicle hits the back of single unit trucks so that the truck actually enters the passenger vehicle in the area where people are sitting. And, if manufacturing companies were required to provide adequate underride protection on these trucks, many of those deaths could be prevented.

Sure, it will cost some money to provide that protection. And that cost will have to be passed on to someone–whether it be the manufacturing company, the company which purchases the truck, the consumer of the trucking industry services, etc. Are we willing to bear that cost as a society, or would we rather keep our costs as low as possible–at the price of human life?

Good news: The 11,000+ AnnaLeah & Mary for Truck Safety Petition signers have been added to the Public Comments for the ANPRM Underride Protection for Single Unit Trucks.

To see all of the signatures/comments from the Petition, go to this link: http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

At that site, click on Karth Family/Care 2 Petition. Then click on Supporting Documents. There is a PDF and an XLS spreadsheet. The PDF can be read better by magnifying the chart.

You are allowed to add your own comments to the ANPRM–even if you signed the Petition. You can do so by clicking the COMMENT NOW button on that website. Please take the time to express your thoughts on this vital issue.

I am grateful for the countless people across the earth who care about these life and death matters and are willing to stand up and ask for safer roads.

Please note: Public Comments Period ends September 21, 2015.

The pizza man thought the dog statue was real; Mary would have had a good belly laugh for sure.

August 20, 2015AnnaLeah and Marybelly laughMarianne

The other day, the pizza delivery man thought that the pug garden statue on our front porch was a real dog and hesitated to pull into the driveway. Mary would have had a good belly laugh for sure.

Even when she was little, Mary loved pugs

& always got excited when she saw the one on our paper route. She got herself a stuffed toy one (or maybe we gave it to her for a birthday present?) and later a garden statue/lawn ornament.

I’m thankful that I was able to capture Mary laughing in this impromptu magic show with her brother:

Mary and Levi take a break from getting-ready-to-move chores to have a little fun.

Trekkin’ for AnnaLeah & Mary on the Ice Age Trail

August 18, 2015AnnaLeah and Maryhiking, Ice Age Trail, Karth Trek, memoriesMarianne

Before this summer, I had never heard of the Ice Age Trail. We were going to a party for Jerry’s mom–in celebration of her life in her 90th year. Afterwards, our whole family (minus Rebekah’s husband, John–and, of course, AnnaLeah & Mary) spent the better part of a week at a cottage in Wisconsin–some of us stayed longer than others.

In preparation for such a detailed endeavor, Naomi mentioned that they would be camping and hiking enroute to the party. They also hoped to do some additional hiking during the week. So I asked the cottage owner if she knew of any trails in the area and she mentioned the Ice Age Trail: http://www.iceagetrail.org/.

Sam & Naomi left the cottage early most mornings to check out the trails. Before they left to go back home they had covered 28 miles of the Ice Age Trail. I was privileged to join them for 3 1/2 miles.

Because I did not have a dog to keep track of on our hike, I was able to take photographs here and there as we walked–though not with the professional quality which would have been achieved with photos taken by Sam and Naomi. Once I got home, I put together a short video to help me remember the day and the memories it brought of AnnaLeah and Mary and the ways that they found to enjoy nature.

Sam & Naomi invited me to take a Karth Trek hike on a portion of the Ice Age Trail in Wisconsin. Sam took Mary’s stuffed toy St. Bernard, Gertie–along with the 3 Karth Trekking dogs (Django, Miles, & Billie). I think that Mary & AnnaLeah would have enjoyed the adventure–joining Sam on the big rock, walking through the woods, fields, & hilly terrain, and playing Pooh Sticks with me on the bridge over the creek.

Before we began, Naomi made sure that I was informed on the proper way to react if we saw a black bear (vs a grizzly bear). She was — at one and the same time — hopeful that she could add a bear to the list of things she’d seen and edgy about the possibility. I, for one, was definitely more jumpy than if we had not had that particular conversation. It wasn’t so bad in the wide open areas of the trail, but the spots which had lots of trees and undergrowth — and thus low visibility — were more nerve-wracking.

All in all, we saw a great variety of interesting things on our hike. Lamb’s Ear, which Naomi tells me can be crushed and then applied to mosquito bites. http://www.homemade-by-jade.com/blog/wooly-lambs-ear-natures-bandaid Burnt branches. Many varieties of wildflowers, including Indian Paintbrush. Tiger (Orange Day) Lilies. Ferns. Tall pines & lots of short oak “trees.” Yarrow.

The terrain also varied greatly–with pebbles on only some parts and a big rock which Sam climbed up on in another area. One time when Sam was in the lead, he quietly called back to us to look ahead at the rafter (or muster) of wild turkeys walking along the trail.

In fact, we found quite a few feathers on the ground: turkey, hawk, seagull, and bluebird.

A Karner Blue Butterfly: http://www.fws.gov/northeast/factshee.html.

A rock cairn. http://www.outdoors.org/publications/outdoors/2013/features/cairns-history-building-maintenance.cfm

Thanks, Sam & Naomi, for sharing with me your love and knowledge of God’s creation.

Dad, AnnaLeah, & Mary (Winter 2013) hiking a trail at Battle Park, Rocky Mount, NC

Youtube video of Mary with Django (October 2012, Warsaw Indiana): https://www.facebook.com/464993830249803/videos/574678849281300/

Yarrow on the trail and at the cemetery:

Tiger Lilies on the trail and in the altar flowers (May 3, 2015 in memory of AnnaLeah & Mary) and at the cemetery:

Almost birthday girl, you would have been sweet sixteen: “The ships have come to carry you home”

August 6, 2015AnnaLeah and Marycelebration, grief, joy, sorrowMarianne

Sixteen years ago just now, my water broke and Mary got ready to join her family in this realm. Well, in a few hours.

Tonight, we just finished a mini-movie-marathon (without them) — re-watching The Lord of the Rings Trilogy.

So many funny moments and so many poignant lines. Like this. . .

Frodo: “How do you pick up the threads of an old life? How do you go on… when in your heart you begin to understand… there is no going back? There are some things that time cannot mend… some hurts that go too deep… that have taken hold. Bilbo once told me his part in this tale would end… that each of us must come and go in the telling. Bilbo’s story was now over. There would be no more journeys for him… save one. My dear Sam. You cannot always be torn in two. You will have to be one and whole for many years. You have so much to enjoy and to be and to do. Your part in the story will go on.” http://www.imdb.com/title/tt0167260/quotes