Category Archives: Safety Advocacy

David vs Goliath: Will Industry Lobby Power Win the Day in the Battle to End Preventable Truck Underride?

Almost fifty years ago, on March 19, 1969, the Department of Transportation publicly stated their intention to add underride protection to the sides of large vehicles. So why have they not yet done so?

Is it lack of data? Sure, the deadly underride problem is vastly undercounted. But the thousands of underride deaths actually recorded since that date are certainly enough to confirm that this problem needs to be addressed.

Is it a lack of practical, viable solutions? Actually, engineers have offered solutions to every kind of underride for decades. But without a mandate, investors are hesitant to back them and manufacturers are reluctant to stick their necks out in a highly competitive industry. (We have heard this with our own ears.)

So what is it then that has prevented DOT from moving forward to end Death By Underride? I have some good guesses. But look for yourself at this published evidence of industry attitude toward the idea of underride regulations (to end preventable horrific deaths & debilitating injuries), and then tell me what you think. . .

Yesterday morning, I saw a Tweet from the National Tank Truck Carriers (NTTC) in which they applauded the 2019 NTSB Most Wanted List. It included a link to an article in Bulk Transporter which carries on about how committed the Tank Truck Association is to highway safety and making the roads safer:

. . . NTTC’s members are always working to improve in these areas, incorporating the best technologies and people-management practices to combat distracted, impaired, and fatigued driving. NTTC is particularly pleased that none of the 45 recommendations in the Ensure the safe Shipment of Hazardous Materials section relate to highway mode transportation. Tank truck carriers carry a disproportionately large number of hazardous materials loads and work diligently to ensure they are transported safely.

“NTTC is pleased that our members’ efforts has resulted in zero highway-mode recommendations on the hazardous materials most wanted list,” said NTTC President Daniel Furth.

NTTC is dedicated to highway safety, and it looks forward to working with NTSB, the Department of Transportation, its modal agencies, and other stakeholders to make America’s highways as safe as possiblehttps://www.bulktransporter.com/tank-fleets/nttc-applauds-ntsb-s-most-wanted-list-transportation-safety-improvements

When I mentioned this to Jerry — because I was plotting how to reply to their Tweet asking them to also support safety through underride protection — he reminded me of a previous article, which I had found last Spring, where this same group (NTTC) stated that they anticipated a potential battle to fight a side underride mandate:

Miller: NTTC serves as an advocate for the industry.We track state and federal issues. For instance, we’re involved with trying to shut down the California rest break requirement, which is a bad deal for trucking companies and their drivers. It interferes with interstate commerce. 

BT: Is NTTC achieving success with efforts to preempt state rules that conflict with federal regulations?

Miller: Yes. NTTC does a great job of catching these issues early. We have significantly better legal and lobbying representation today. We’re also in a very strong financial condition, and we have funds available to finance our efforts

We’re the only organization that fought against the proposed mandate to ban wet lines, and we won. We may have to face off on a possible side-underride mandate in the near future. 

https://www.bulktransporter.com/tank-fleets/lee-miller-targets-drivers-critical-tank-truck-industry-issue (an excerpt at the very bottom of this lengthy interview article from April 30, 2018)

Draw your own conclusions and then ask yourself: “Will I be part of those who are swayed by the industry arguments and lobbying power and turn a blind eye to preventable and unimaginable underride tragedies? Or, will I stand with those who plead on behalf of the countless vulnerable victims of Death By Underride and call for a comprehensive underride protection mandate?”

Do you count yourself with David or Goliath?

Moms on a Mission to Make Truck Crashes More Survivable

After all, it was a fatal underride crash under the side of a milk tanker truck on July 6, 2017, which caught the attention of the U.S. Senators from New York.

Ambulance workers returning from call killed in I-81 milk tanker crash

Subsequently, Senator Schumer called for improved underride protection and Senator Gillibrand committed herself to supporting our drafted comprehensive underride protection bill, which was introduced on December 12, 2017, as the STOP Underrides! Act of 2017.

And here is a more recent fatal underride crash involving a tanker truck on December 26, 2018:

Four people were killed early Wednesday morning after the driver of the vehicle crashed into a tanker truck on the Garden State Parkway in New Jersey, police said.

Kevin Quispe-Prieto, 21, Jimmy Quispe-Prieto, 23, Victor Lugo, 24, and Robert Ordenana, 23, were killed following a crash near Berkley Township just before 3 a.m. Wednesday, New Jersey state police said. The driver of the oil tanker, who was not identified, suffered injuries that were not life-threatening.

Four people were killed after their vehicle collided with a tractor-trailer.
Four people were killed after their vehicle collided with a tractor-trailer. (FOX5NY)
Photo & video of car at back of tanker truck: 
And another side underride crash into a milk tanker truck: Deadly Milk Truck Crash Reported On Gilman Springs Road
  1. A few years ago, I discovered a March 16, 1977 Senate Investigative hearing, which was reported on in the March 29, 1977 IIHS Status Report.
  2. This is how that report began: The Insurance Institute for Highway Safety has released the results of a crash test program focused on the deadly problem of car-into-truck underride crashes. Appearing as lead-off witness at a March 16 Senate Investigative hearing, the Institute’s president, William Haddon, Jr., M.D., presented crash test films and analyses showing that: The 25 year-old federal “rear end protection” standard for devices on the backs of tractor-trailers and trucks is “a sham.”
  3. Further, Haddon warned Senators“Blood has been shed, heads literally have rolled and countless thousands of Americans have been injured because these agencies did not act. Further inaction would be inexcusable.”

 

Our stories show the world that this violence has to end.
But the forces up against us make it hard to score a win.
Yet we’ll climb up this mountain of grief once again.
Weeping is our strength; let this battle begin.

Lyrics: from the broken heart of a mother (remembering the peace and joy of AnnaLeah and Mary); Tune: Simple Gifts

Note: Here is a 1989 University of Michigan Transportation Research Institute (UMTRI) study including analysis of NHTSA rulemaking on rear guards:
“As indicated throughout our analysis, the proposed NHTSA rule was
never implemented. The exact reasons for not adopting it were
never explicitly stated. However, one can infer that the strong
opposition by the entire trucking industry combined with
‘”deregulation'” sentiments of the recent administration were the
major factors in its failure to be implemented. We note that
failure to implement a rule on underride guards took place
despite extensive research indicating their expected

#STOPunderrides Bill calls for NTSB Open Recs on underride to be resolved.

Lois Durso and I attended the NTSB Announcement of their 2019 Most Wanted List. We were disappointed that there was no mention of truck underride protection — despite the fact that every almost every aspect of the STOP Underrides! Bill is included in their Open Recommendations (unresolved issues).

Getting the Ear of Legislators for Bipartisan Collaboration to #STOPUnderrides

Lois Durso and I have had some excellent conversations with Senators and staffers in both Houses this week. When we have their ear and a bit of time to make them aware of the depth of the underride issue, they really seem to get it.

I only hope that this effort and the upcoming D.C. Underride Crash Test Event on March 26 will bear fruit very soon.

Since the original introduction of the bill on December 12, 2017,  unnecessary delay  has already allowed far too many underride deaths and injuries to continue occurring  — especially when this preventable problem has been known about for decades.

School Bus Underride Protection Was Proposed by DOT in 1967

Just for the record, apparently passenger vehicles can ride under the rear of school buses upon collision. It happens. It kills. It’s preventable.

Deadly Accident Involving School Bus in Arkansas

Deadly Accident Involving School Bus in Arkansas; The death and serious injuries were in an SUV that hit the bus, Sept. 21, 2015, OzarksFirst.com

Questions About Rear Under-Ride Bars On School Buses Follow Deadly Crash, 5News, Sept. 22, 2015

Read the reports and decide for yourself:

Posts on School Bus Underride

No matter what the reasons for past delay, let’s not let that stand in the way of ending deadly underride.

I’ve said this before but it bears repeating: While it makes me frustrated and angry when I discover new information which reveals how much and in what way the underride problem has been swept under the rug for decades, I continue to push for action to be taken collaboratively to end these senseless deaths as quickly as possible.

Based on analysis by the Insurance Institute for Highway Safety of NHTSA’s truck crash fatality statistics (FARS), this graphic reflects the 600 truck/car collisions which annually occur, on average, at the sides and rear of large trucks  — leaving out front collisions: potential underride tragedies which we want to prevent with the STOP Underrides! Bill.

Some years ago, I noticed the way that the prophet Daniel, in Daniel 9, got on his knees and repented on behalf of his people. . . God’s people, for wrongdoing that he was not directly responsible for — appealing to God to act mercifully.

This week, I thought of that again and determined to stand in the stead of all those who have turned their backs to the underride problem — unknowingly or not. Perhaps we all play some part in not getting to the bottom of those terrible tragedies. Every day we delay, more people will die from truck underride. STOP Underrides!

No matter what the reasons for past delay, let’s not let that stand in the way of moving forward. That is specifically why a Committee On Underride Protection (COUP) is included in the STOP Underrides! Bill, so that a diverse group of individuals can more effectively bring about what is known to be possible.

And so I say with Daniel, “Alas, O Lord, the great and awesome God, who keeps His covenant and lovingkindness for those who love Him and keep His commandments, we have sinned, committed iniquity, acted wickedly, and rebelled, even turning aside from Thy commandments and ordinances. . . Open shame belongs to us. . .

“O Lord, hear! O Lord, forgive! O Lord, listen and take action! For Thine own sake, O my God, do not delay. . .” (Daniel 9)

On behalf of all those who have not been held accountable, I repent of our country’s indifference to this preventable highway carnage. I ask the Lord to forgive our callous attitude, misplaced priorities, and neglect. May He stir up a sense of urgency that we might all take appropriate action and work together more creatively and effectively.

What are we waiting for?! Let’s get on with it! We’ve got people counting on us — whether they know it or not.

DC Underride Crash Test Event, March 26: Be There, or Be Square!

Don’t turn a blind eye to preventable truck underride tragedies!

SAVE THE DATE: March 26, 2019, D.C. Underride Crash Test Event

Be there, or be square!

Save the Date D.C. UNDERRIDE Crash Test pdf

Society pay for Large Truck Crash Costs or Industry Pay for Safety Equipment as Cost of Doing Business?

How do “we” want to handle it? Ask the trucking industry to pay for underride protection as a Cost of Doing Business or continue to force the society and victims to pay for the cost of large truck crashes?

Costs of large truck-involved crashes in the United States

Zaloshnja_Cost Truck Injuries USA[14648]

Is safety equipment (like underride guards) a legitimate “cost of doing business” for the trucking industry?

Underride Question: Litigation or Legislation?

Win/Win: Answers to Frequently Asked Questions about the STOP Underrides! Bill

My Underride Protection Win/Win List:

  1. Fuel Savings (aerondynamics when combined with side skirts)
  2. Return On Investment (see #1)
  3. Trucks get Back on the Road more quickly when a crash does not involve a fatality.
  4. Driver Benefit: less negative impact on their career and avoidance of PTSD from someone dying under their truck.
  5. Job Creation (design, manufacture, installation, and maintenance of underride protective devices).
  6. Trailer Manufacturers burden lifted if mandated; they no longer have to persuade customers to buy trailers with safer equipment/design.
  7. BTW, lives are saved and serious injuries are prevented
Incentives:
  • Sponsors of the STOP Underrides! Bill are open to discussing a weight exemption for added weight of safety equipment (so that payload is not impacted).
  • Section 179 of the IRS Tax Code allows for a tax deduction for safety equipment purchased by trucking companies.
  • Decreased insurance risk. Wouldn’t it be great if the insurance industry would play their part and provide incentives for use of this equipment (perhaps discounts for early adopters of this life-saving technology)?

Is safety equipment (like underride guards) a legitimate “cost of doing business” for the trucking industry?

It’s a simple question:  Is safety equipment a legitimate “cost of doing business” for the trucking industry?

Here’s one opinion from Country Supply, Inc. (they service semi-trailers):

It looks like another rule/law is coming down the pipeline for the American transportation sector, specifically the trucking industry. In December of 2017 some members of Congress put forth legislation that will mandate new safety regulations for semis. This bill, introduced as S.2219 Stop the Underrides Act of 2017, would mandate front and side underride guards. It would also require the rear underride guards be brought up to higher and stronger standards. Safety of passenger vehicle occupants is the premise for this legislation.

If this law is passed, should we just consider it another cost of doing business for the trucking industry? If the past is any indication to what new regulations and laws will bear, then the answer is a definitive yes. For those who haven’t voluntarily installed these underride guards it might be wise to think about the ramifications of what the enactment of this law will bring and how this will potentially impact your future business costs. Hopefully, the mandating of any new requirements such as this will allow for ample time for compliance and implementation. Naturally, there are varied opinions about this bill. Not everyone is a proponent. Are You for or Against S.2219 Stop the Underrides Act of 2017?

Now wouldn’t that be wonderful if the entire industry embraced that attitude and we were all proponents of this life-saving technology? In fact, I’m chomping at the bit to organize a Third Underride Roundtable. My vision is to bring all the stakeholders back together again in order to collaborate and figure out how we can most effectively move ahead together to implement a mandate for comprehensive underride protection.

Society pay for Large Truck Crash Costs or Industry Pay for Safety Equipment as Cost of Doing Business?

 

Could effective underride protection on the school bus have changed the outcome?

A School Bus Underride Crash took place on September 5, 2018: 
Two issues here: Distracted Driving and Underride. If distracted driving was a factor in the crash, that is so regrettable (and how many of us might be guilty of such foolish behavior?). But could effective underride protection on the school bus have changed the outcome?
 
Here’s a February 2000 article about the problem (unresolved) of School Bus Underride Tragedies: http://www.schoolbusfleet.com/article/610153/should-school-buses-have-rear-underride-guards
My post in May about multiple school bus underrides in the last year: https://annaleahmary.com/2018/05/four-separate-school-bus-underride-crashes-in-the-last-six-months/

Is neglecting preventable underride the same as shedding innocent blood?

The moral law of God requires us to love our neighbor by doing all in our power to safeguard his life and by refraining from any action that may endanger his life. The Guilt of Innocent Blood

So what does it mean when “we” are not doing all that is in our power to safeguard people from preventable underride?

[Shedding innocent blood, 2 Kings 24:4]

“we” = anyone who could take action to make sure that trucks have the best possible underride protection. Who might that include?