Category Archives: AnnaLeah and Mary

Are we left more vulnerable and unprotected than we should be?

So, as of 2:45 p.m. today,  I no longer have any children under 18. Well, the ones that are alive, that is. That doesn’t count AnnaLeah, who would have been 20 now (but is forever 17), or Mary, who would have turned 16 in two days (but is forever 13).

1bb at the hospital to see Mary

 

Mary’s 8 siblings meet her for the first time 16 years ago.

Sixteen years ago, I was very pregnant for Mary and stopped at Kentucky Fried Chicken to get birthday supper for her 2 year-old brother. I always figured he was fortunate that she waited two days so that I wasn’t in the hospital on his birthday.

1a Mom with Caleb waiting for Mary to be born 001

They often had joint birthday parties — usually on the day-between — when their grandpa would come over. They each got to pick part of the menu and what they wanted for dessert. When they got old enough to leave alone, they would always watch Condor Man  at home while the rest of us went birthday shopping for them.

This was the year that AnnaLeah picked out Gertie (the stuffed toy St. Bernard in memory of our dog) for her sister Mary’s birthday present:

73c Mary bday 4 001

 

They weren’t twins, but, especially because they were part of a large family, they spent a lot of time together.

1i newborn Mary and Susanna (2)30 b baby Mary with Caleb and Mom

60 b Mary Caleb 002 61 b Mary Caleb Dad 62 b Mary Caleb Dad 00163 Mary and Caleb sleeping

69 Mary bday two 00362c Mary Caleb

64 Mary and Isaac 00175 Mary caleb AnnaLeah brick dominos

I might as well talk about it here–because it has been so much on my mind as of late. I am still struggling with that whole question of protection and keeping us free from harm.

From the very beginning — the day before their funeral — I have struggled with what Psalm 91 really means. . .

Security of the One Who Trusts in the Lord.

https://www.biblegateway.com/passage/?search=Psalm+91&version=NASB 

He who dwells in the shelter of the Most High Will abide in the shadow of the Almighty.
I will say to the Lord, “My refuge and my fortress, My God, in whom I trust!”
11 For He will give His angels charge concerning you, To guard you in all your ways. 12 They will bear you up in their hands, That you do not strike your foot against a stone.  15 “He will call upon Me, and I will answer him; I will be with him in [e]trouble; I will rescue him and honor him. 16 “With [f]a long life I will satisfy him And [g]let him see My salvation.” 

On Eagles’ Wings https://www.youtube.com/watch?v=MvpjxfWrjzY

Here is a Bible Commentary on Psalm 91: http://biblehub.com/commentaries/psalms/91-11.htm

What does He mean when He says that He will protect and preserve us?

Protect: keep safe from harm or injury, save, safeguard, preserve, et cetera.

Preserve: maintain in its original state, protect, and so on.

I got an email from Focus on the Family today and the subject line was “Reassured that God is always with us. ”  http://www.focusonthefamily.com/lifechallenges/promos/tragedy?utm_source=advertisement&utm_medium=email&utm_campaign=271802&refcd=271802&crmlink=content-talk-as-a

I am very tired now and rambling, but I want to get this written down as I get closer to facing Mary’s would-have-been 16th birthday.

Yesterday, I took our son’s cat to the vet. Oscar had been in a long car ride in April from his home in Texas to North Carolina. So, as soon as I put him in the cat carrier and began driving the car, Oscar meowed pitifully. All the way to the vet.

In an effort to calm him down, I began singing the lullaby (tune: Rock-a-bye Baby) which I had sung to my nine children:

Snuggle now, baby, in Jesus’ arms. When the storm comes, He’ll keep you from harm. When the winds blow, and when the winds cease, you know that with Jesus, you can have peace.

I don’t think that it calmed Oscar. And it made me cry–thinking of how He had not kept AnnaLeah and Mary from harm (how Mary had called out, “Mommy, where are we?” and AnnaLeah had been silent). Had I lied to my children all of those years?

I read these verses this morning:

Psalm 91:10 No evil will befall you, nor will any plague come near your tent.

Proverbs 12:21 No harm befalls the righteous, but the wicked are filled with trouble.

Proverbs 1:33But he who listens to me shall live securely, and shall be at ease from the dread of evil.

Psalm 121: 3 He will not allow your foot to slip, He who keeps you will not slumber.

5 The LORD is your keeper; the LORD is your shade on your right hand.

7 The LORD will protect [keep] you from all evil, He will keep your soul.

8 The LORD will guard your going out and your coming in from this time forth and forever.

I texted our pastor in Texas as I was on the way to their funeral there and said that I was struggling with Psalm 91. He said that he would be speaking to that in his sermon, “They are where they belong.”

I know that they are in a better place than if they were still here. But still. . .  I mean, really, don’t you ever ask questions like these? Don’t you ever ask Him what He really means when He says He will protect us?

And, of course, I have come face to face with the realities of the many possible factors in crash fatalities (i.e., deaths due to supposed accidents which quite possibly could have been prevented if this and that thing had or had not been done). These are things  — quite clearly — in which God does not intervene and supernaturally block in order to save lives. No, these are problems which require human action to solve them.

At the same time, I am convinced that it would be His will that the roads be safer–that we humans take dominion over this part of His created world. And I believe that He is even now guiding us to seek and bring about needed change.

Some people talk about Vision Zero–about being proactive and working toward ending deaths on our roads. It doesn’t just happen. And it certainly doesn’t happen by burying our heads in the sand and pretending that the problems don’t exist.

Don’t you get it?! I mean, maybe I have been naive and expected that I and my loved ones would get through life without tragedy. Now, when I see tragedy “strike,” I am more ready to ask, “Did that really have to happen? Could it have been avoided?”

I am more prone to ask, “What can we do to provide The Best Possible Protection?” Before it is too late.

Just today, someone told me about yet another missed opportunity to  improve underride guards in 1998: http://www.gpo.gov/fdsys/pkg/FR-1998-05-14/html/98-12753.htm , http://trid.trb.org/view.aspxid=214652  & http://www.safetyresearch.net/blog/articles/are-rear-underride-guards-overrated: “Or, maybe it’s a case of standard failure. In 1996, the agency went the don’t-ruffle-industry’s-feathers route, passing a final rule {the current one} that offered only a slight improvement over the Truck Trailer Manufacturers Association’s voluntary recommended practice.” “In 1998, a former NHTSA safety standards engineer underscored the inadequacy of the U.S. rules in a series of crash tests involving rear underride guards built to reflect the then-newly minted rear impact protection standard. . . Tomassoni also noted that the underride guard designed to meet the minimum static load requirements “will not provide adequate protection in offset impacts.””

And that was many years before my girls were even a twinkle in their daddy’s eye. But it was never done–the known problem was never resolved–and so AnnaLeah and Mary were left more vulnerable and un-protected than they should have been. And it breaks my heart.

25 AnnaLeah Jesus Loves Me 052

 

AnnaLeah made this craft when she was little, “In my life, Lord, Thy will be done.” and that is my comfort: they had the gift of faith in Jesus as their Savior and Lord. And so I know that they are truly safe in His arms–though they are far from mine.

“Grieving family’s tireless efforts paying off,” by Brie Handgraaf

A reporter from Rocky Mount has been following our story since we got back to North Carolina in May 2013 after the crash. She published an article in today’s Rocky Mount Telegram following the recent Advance Notice of Public Rulemaking for rear underride protection on Single Unit Trucks–encouraging readers to write a Public Comment and make a difference.

“Grieving family’s tireless efforts paying off,” By Brie Handgraaf, Staff Writer,

Monday, August 3, 2015

https://www.rockymounttelegram.com/news/grieving-family8217s-tireless-efforts-paying-2947611

Thanks, Brie!

The Public can Comment on the rulemaking here: http://tinyurl.com/oxfgovj

Other articles by Brie Handgraaf:

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ELDs for Trucker Hours; Minimum Liability; & Underride Guards: AL&MSUFTS Petition Update

AnnaLeah & Mary Stand Up For Truck Safety Petition

Petition Request

Current Rulemaking Stage

Electronic Logging Devices (ELDs)

The Petition’s 11,000+ signatures were added to the Public Comments for the Electronic Logging Device Rule.  The comment period ended May 27, 2014.

Final Rule is scheduled to be published by 9/30/15.

Companies would then have 2 years from that date to comply.

Minimum Liability Insurance

ANPRM was issued on 11/28/14 meaning: FMCSA announced that it is considering a rulemaking that would increase the minimum levels of financial responsibility for motor carriers.

https://www.federalregister.gov/articles/2014/11/28/2014-28076/financial-responsibility-for-motor-carriers-freight-forwarders-and-brokers

Public Comments closed on 2/26/15.

Those Comments are now being reviewed.

Trucking industry has attempted to get an amendment passed this summer on the THUD Appropriations Bill which would take away funding from FMCSA for continuing the rulemaking process.

Underride Guards

Based on the petition, available information, and the agency’s analysis in progress, NHTSA has decided that the Petitioners’ request related to rear impact guards merits further consideration. Therefore, the agency grants the Petitioners’ request to initiate rulemaking on rear impact guards. NHTSA is planning on issuing two separate notices—an advanced notice of proposed rulemaking pertaining to rear impact guards and other safety strategies for single unit trucks, and a notice of proposed rulemaking focusing on rear impact guards on trailers and semitrailers. NHTSA is still evaluating the Petitioners’ request to improve side guards and front override guards and will issue a separate decision on those aspects of the petition at a later date.

Proposed Rulemaking was issued for rear impact guards on tractor-trailers on July 10, 2014. This is the rulemaking stage in which an agency proposes to add to or change its existing regulations and solicits public comment on this proposal. Recommendations for revision of existing regulations are expected to be issued for Public Comments before the end of 2015.

https://www.federalregister.gov/articles/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection

The Advanced Notice of Proposed Rulemaking (ANPRM) for Single Unit Trucks was issued on 7/23/15, with the Public Comments Period closing on September 21, 2015. This will be followed by an analysis of the Comments and a determination about whether or not, or how best, to initiate a rulemaking.

http://www.regulations.gov/#!docketBrowser;rpp=25;po=0;D=NHTSA-2015-0070

Here is an outline of the rulemaking process:  https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf

Update on Electronic Logging Devices: “FMCSA advances e-log mandate, rule sent to OMB for approval”

http://www.overdriveonline.com/fmcsa-advances-e-log-mandate-rule-sent-to-omb-for-approval/

This means that the Electronic Logging Devices rule could be going into effect by September 30 and the industry would have to comply with it within two years.

“Still seemingly on target for its projected Sept. 30 publication, a Final Rule to mandate the use of electronic logging devices has been sent from the DOT to the White House’s Office of Management and Budget for final approval before being published.

The DOT’s Federal Motor Carrier Safety Administration sent the e-log rule to the OMB July 30, along with a Final Rule that will implement stiffer penalties for carriers, shippers, brokers and others who coerce or pressure drivers to not abide by federal safety standards like hours-of-service limits.

The OMB legally has 90 days to approve the rules or send them back to FMCSA to be changed, which is unlikely.

The rule, which will take effect two years following its publication in the Federal Register, will require all truck drivers who are required to keep records of duty status to use an electronic logging device, formerly known as electronic onboard recorders.”

Battle over Truckers’ Hours of Servicehttp://www.overdriveonline.com/report-fmcsa-cant-effectively-study-2013-hours-of-service-safety-conclusions-likely-skewed/

“In responding to the report, the DOT noted the GAO had recognized achievements associated with the hours rule: A decrease in the frequency of long work schedules, lower risk of driver fatigue generally, and reduced fatal truck crashes. It agreed with the GAO recommendation to adopt guidance outlining research standards for future analyses and promised a detailed response to the entire effort within the next 60 days.”

Petition Photo Bags at DOT, best

 

Bittersweet peace & pain. Almost as if I was there–though they would never be here.

The other day, I was able to visit AnnaLeah’s and Mary’s grave site for the first time by myself. Weeding & watering. Bringing stones I had found in North Carolina from a place they never got to visit. Watching the flickering light move across their headstone as the sun rays came through the tree branches swaying in the breeze. Hearing the birds and wind chimes. Bittersweet peace & pain.

At first I took photos and then realized I could capture the flickering lights with video on my camera. I came home and made a video of it–followed by shots from their funeral and video from a visit they had made to a Chicago cemetery to search for Karth/Wilkinson headstones (2010?) and accompanied by their Grandpa Waldron singing & playing Amazing Grace on his dulcimer. (Oh, and don’t be surprised when you hear Mary’s voice.  While I was filming at the cemetery, I had Jerry call my phone which has a ringtone created by Mistress Mary Quite Contrary.)

I was reluctant to leave and go on to the next thing on my journey that day. But I had the comfort of knowing that I would go home and be able to see it all again at any time–almost as if I was there. Though they would never again be here.

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

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 on the Comments Now button on that website.
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.
gertie 2946

Public Comments are Now Requested by NHTSA on Rear Underride Protection for Single Unit Trucks

The Advanced Notice of Proposed Rule Making for rear impact guards and reflective tape on Single Unit (Straight) Trucks (SUTs) is now published in the Federal Register as of today, July 23, 2015.

Public Comments will be accepted on this issue for 60 days (until September 21, 2015).

Please take the time to let the National Highway Traffic Safety Administration (NHTSA) know what you think. To do so, go here:  http://www.regulations.gov/#!documentDetail;D=NHTSA_FRDOC_0001-1478

If you scroll down on that site, it gives very detailed information about what they are proposing and why and upon what they would like comments. In particular, there are instructions for commenting: IV. Request for Comment on Extension of FMVSS No. 224

“NHTSA requests comments that would help the agency assess and make judgments on the benefits, costs and other impacts of requiring SUTs to have underride guards. In providing a comment on a particular matter or in responding to a particular question, interested persons are asked to provide any relevant factual information to support their opinions, including, but not limited to, statistical and cost data and the source of such information. For easy reference, the questions below are numbered consecutively.”

In order to make your viewpoint known about these needed changes to help prevent underride crashes, unnecessary deaths & horrific injuries, please Click on COMMENT NOW! at that site.

We have many posts on this topic–providing you with plenty of opportunity to take a good, hard look at the facts of this matter: https://annaleahmary.com/underride-guards/ and https://annaleahmary.com/tag/underride-guards/.

Also, see this post for a description of SUTs: https://annaleahmary.com/2015/07/celebrating-progress-in-underride-guard-rulemaking-advance-notice-of-proposed-rulemaking-on-single-unit-trucks-suts/

Whether you are able to provide detailed feedback or simply voice your thoughts on the necessity of this proposed rulemaking, please join us in speaking out. Also, please multiply your efforts and share this post using the buttons at the bottom of the post.

This is the first step toward reaching the goal of making effective underride prevention a requirement for Single Unit Trucks. Thank you for helping us to move this along for the safety of us all and in memory of AnnaLeah & Mary Karth–and the countless others who have lost their lives in potentially unnecessary underride crashes.

AnnaLeah, Mary at MuskegonPerhaps you have seen this photo before. . . so let me explain that this was taken in 2010 at the Muskegon Luge in Muskegon, Michigan  Winter Sports Complex, where Olympic hopefuls practice. AnnaLeah & Mary had gone there with siblings off-season and, after “trying out” the luge, were pretending to be the victors–standing on the awards blocks and raising their hands in victory. Their genuine joy in life, and this reminder we have of it, makes me think that they would have celebrated with us every milestone in this battle for safer roads.

 

Does a vehicle manufacturer bear responsibility for death and injury caused by a safety defect in their product?

After writing a post yesterday,  https://annaleahmary.com/2015/07/who-should-bear-the-responsibility-for-deaths-injuries-due-to-known-safety-defects/,  I have been wrestling with this question:

Does a vehicle manufacturer bear responsibility for death and injury caused by a safety defect in their product:

  • ever?
  • and, especially do they do so when it is publicly known (in the engineering realm) that there is a solution to the problem which could — if implemented — prevent death and horrific injury?

Or, are they protected by following the letter of the law — which likewise might have been negligent to require the best possible protection?

Furthermore, if they do bear responsibility, then what price should they pay for negligence to act on that knowledge in a timely fashion?

I have been trying to look at it every which way and not merely as the mother of two daughters, AnnaLeah (forever 17) and Mary (forever 13), who happened to get killed by a truck underride crash in which the underride guard met current federal standards, and possibly even the Canadian standards, but did not make use of safer known technology and did not withstand the crash.

Before & After PhotosI am plagued by so many questions:

  • Did the manufacturer’s act of omission contribute to Mary’s and AnnaLeah’s deaths? (omission: http://tinyurl.com/o2z6meb )
  • If so, why are they not being held responsible for such a heinous action? (heinous: http://tinyurl.com/ncak6o2 )
  • What consequences should they pay for their negligence?
  • Can it be considered criminal negligence? (criminal: http://tinyurl.com/p5syqnl )
  • Can a charge of manslaughter be applied? (manslaughter: http://tinyurl.com/nl6ms8l )
  • Is the manufacturer excused from responsibility for their deaths because it was not technically illegal (they abided by the letter of the law)?
  • If current and future research shows beyond a shadow of a doubt that safer underride prevention systems can, in fact, be put in place on trucks, can truck manufacturers be freed from responsibility to implement such technology due to supposed “unreasonable” costs? (A frequent reason for less-than-adequate rules to be issued — if issued at all.)
  • Do informed regulators who do not write into law the safest possible technology bear any responsibility?
  • Do informed truck purchasers who do not buy trucks with the safest possible technology (even if not required by law) bear responsibility?
  • I even have to ask myself if I am taking the chance of sabotaging our goal of seeking stronger federal standards by raising these controversial, potentially-inflammatory questions.

So you see, I am not struggling with easy questions. But you have to admit, don’t you, that they are questions with life & death implications.

WarsawINFilmPhotographer_MIMemoria_Film_063WarsawINFilmPhotographer_MIMemoria_Film_082

 

This question of manufacturer criminal liability is addressed in a New York Times editorial today (July 21, 2015):

“The Senate bill also falls well short of addressing important issues raised by recent scandals involving defects in General Motors’ ignition switches and Takata airbags. While it would raise the maximum fine that the National Highway Traffic Safety Administration can levy against automakers that do not promptly disclose defects to $70 million from $35 million, that increase is a pittance for companies that make billions in profits. And by not proposing criminal liability for executives who knowingly hide the life-threatening dangers of their products, the bill simply sidesteps the issue of individual accountability.”

http://www.nytimes.com/2015/07/21/opinion/a-senate-bill-that-makes-roads-and-railroads-less-safe.html?partner=rssnyt&emc=rss&_r=1

From my morning reading: “The mouth of the righteous utters wisdom, and his tongue speaks justice. The Law of his God is in his heart; his steps do not slip.” Psalm 37:30-31

“‘. . . get the auto industry more proactive. Everybody is reactive, even NHTSA.'”

“Mark Rosekind, the federal government’s chief auto safety official in metro Detroit this week to deliver the opening address at the Automated Vehicles Symposium in Ann Arbor on Tuesday, said he wants the agency to work on preventing tragedies, not just react to them.

“. . . ‘ I don’t mind telling you that I also think one of our agendas clearly — because I keep talking about this — is to try to get the auto industry more proactive. Everybody is reactive, even NHTSA.'”

http://www.freep.com/story/money/cars/auto-leadership/2015/07/20/nhtsa-rosekind-detroit-ignition-switch-general-motors/30412571/

Sounds good to me.

IMG_20140508_114515_341

“California Senate endorses rule targeting CDL ‘diploma mills'”

Good to see stronger CDL laws proposed for California. The truck driver in our crash got his CDL in California. These rules might have prevented our crash if they had been in place sooner. Hopefully, they will save many lives by ensuring better training for CDL truck drivers.

7/17/2015
“California Senate endorses rule targeting CDL ‘diploma mills'”
By Keith Goble, Land Line state legislative editor

“A bill halfway through the California statehouse would put in place a new rule to help ensure that aspiring truck drivers get the proper training before heading out on the road.”

– See more at: http://www.landlinemag.com/Story.aspx?StoryID=29438#.Va17SflViko

Rebekah photo of crash

https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/

Remembering Mary & AnnaLeah in a Patchwork Quilt of Memories

Last night (late), I finished the patchwork quilt which I have been sewing by hand out of squares of material from AnnaLeah’s and Mary’s clothes–mostly from the last few years of their lives.

A friend, and her family, lovingly started the project for me the summer after we lost the girls. Then, last summer, I begged her to let me take it over. Hours of cutting and organizing and stitching have released and focused the pain and love and laughter and grief and anger in a healing way.

So it is a bittersweet feeling to be done with it. It will be good to be able to use it. But I am not quite ready to let go of the energy which went into that project. Good thing! because I have a box of squares all ready to sew a second quilt — ensuring that if it wears out, I will not have to worry about losing an irreplaceable treasure of memories.

Quilt 052

 

Here are some photos of AnnaLeah and Mary in some of the clothes which I used to make the squares: https://www.facebook.com/media/set/?set=a.867770979972084.1073741957.464993830249803&type=3

 

Here is a glimpse of the project in progress: