Category Archives: Truck Safety

Safety: I do not think that word means what you think it means.

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Safety is a word perhaps too freely used. What is the dictionary definition? According to Google, it is “the condition of being protected from or unlikely to cause danger, risk, or injury.” It is “the state of being safe” and safe meaning “free from hurt, injury, danger, or risk” according to dictionary.com.

I used to feel so confident in praying for safety and that He would keep us safe and free from harm as we embarked upon a road trip. Then came May 4, 2013.

After I was discharged from the hospital in Georgia, Jerry and I drove to Texas to join all of our children (well, seven of the nine) where they had gathered for support and for Rebekah’s wedding on May 11. We missed the wedding (saw it via webcam in Mississippi) by a few hours.

A week later, as we drove from Arlington, Texas, to Midland, Texas, for the girls’ first of two funerals, I was reading Psalm 91*: “For He will give His angels charge concerning you,  to guard you in all your ways.” I texted our pastor in Midland about those verses–voicing my confidence in our Father’s care in the midst of confusion about what it really meant. He said that he would be speaking to that the next day in his sermon: “AnnaLeah & Mary are where they belong.”  https://www.youtube.com/watch?v=R8emDfPJyqM

I am no theologian–just a mother grieving the loss of two of her beloved children, trying to come to terms with unexpected, tragic deaths which make no sense. Over the months, I have continued to read my Bible and question the words as I come across them:  guard, protect, security, rescue, deliver… And I ask myself, “What does this mean?”

Mary took this photo, during Confirmation class, a few months before the crash which took her life:

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I went and got AnnaLeah’s copy of Luther’s Catechism just now and it opened to that very same page. I turned the pages until I found this promise that our heavenly Father will rescue us from evil:

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The reality is that , when we travel on the road, we cannot expect that an angel will guard us from all harm and danger. We cannot expect to be shielded from horrific injury and death. We can, however, expect that our heavenly Father will receive those who believe into His loving arms.

We are charged with taking responsible actions to protect travelers on the road.  We means you and me.  We are in this together.  Please take the time to figure out just what is your part in this life & death matter.  Somebody could be counting on you.

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*Update (September 27, 2015): A few days ago, we received a letter in the mail.

“Your appeal for funding for truck underride research is a godly and needed effort which will save many lives. May the Lord bless and prosper this undertaking. It will be an extension of Psalm 91. God works sovereignly but also through means.”

My thoughts return, again and again, to this note we received, along with a check to AnnaLeah & Mary for Truck Safety. There is a balm in Gilead.

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Join us as we push for better underride proection. Donate to Underride Research at AnnaLeah & Mary for Truck Safety: https://www.fortrucksafety.com/

Law Enforcement: With Justice For All…Balancing Truth & Love

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 This could be one of the harder things which I have written—putting in a nutshell the depth of our frustration with the circumstances surrounding the investigation of two senseless deaths.

This morning I read once more about what Mary said to Jesus after her brother Lazarus had died, “Lord, if You had been here, my brother would not have died.” Later, we find out that, “Jesus wept.” And I was reading this in the context of verses about prayer: “And everything you ask in prayer, believing, you shall receive,” said Jesus.

The reality is that (until Jesus comes back again) we humans will all die a physical death. Robin Williams has died recently, as has Lauren Bacall. Due to a great variety of reasons, we will all die. And, despite nothing being impossible for God, most of us are not likely to be raised from the dead until The Last Day.

I know that. I accept that. But, what is excruciatingly hard for me to understand and accept is the fact that there are so many factors that are involved in the potentially-preventable deaths of AnnaLeah and Mary—so many, in fact, that it is all too easy for no one to bear the responsibility.

I have written a post entitled, “Our Crash Was Not An Accident,” in which I spell out many of those factors: https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/

In addition to the many “truck safety” issues which I have written about before—including underride guards, driver fatigue, and minimum liability insurance (which, of course, is not about safety but about adequately providing for the needs of crash victims after the fact)—I want to address two other issues.

They are law enforcement and CDLs. Both of them are huge topics, so I will concentrate on law enforcement now and leave CDLs for another time.

Not being sure that enforcement was the best choice of words, I looked up the definition and found that it indeed provides an apt description of that activity about which I wish to speak:

Law enforcement broadly refers to any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating persons who violate the rules and norms governing that society. Although the term may encompass entities such as courts and prisons, it is most frequently applied to those who directly engage in patrols or surveillance to dissuade and discover criminal activity, and those who investigate crimes and apprehend offenders.” http://en.wikipedia.org/wiki/Law_enforcement

Basically, on top of the loss of Mary and AnnaLeah, we have had our pain amplified by what has seemed to be a superficial handling of the circumstances of their deaths by law enforcement officials—in effect, making too light of it. Sure, we could have a distorted perception which might appear bitter;  I admit that my anger might sometimes sway my analysis. But our reaction has been confirmed by others who have viewed it from a more objective position.

Let me try to summarize it here—a very difficult task:

  • The Crash Reconstruction Report, which we received seven months after the crash, was, according to our attorney, very disappointing and inadequate. Questions About Justice in the State of Georgia
  • Although the case is still pending, from what we have been told, the truck driver is likely to get by with a relatively light sentence based upon two counts of Homicide by Vehicle, Second Degree (a misdemeanor).  Re-examine the Definition of Reckless Driving 2  According to the DA’s office, he is not likely to get jail time.
  • Despite any improvement in trucking regulations such as Hours of Service (to combat the problem of driver fatigue) and Medical Cards, these regulations are worthless if the investigating officers do not get to the bottom of these issues in a particular crash.  Questions About Justice in the State of Georgia
  • Not all truck crashes are primarily caused by the truck driver (although what testimony do we hear from the dead car driver?), but when they are, and the investigation does not thoroughly uncover what led to the crash, what kind of a deterrent will a light sentence provide to that driver or other drivers?
  • Particularly in the case of driver fatigue. . . Re-examine the Definition of Reckless Driving 2
  • Calling it an Accident removes Accountability.

So who is taking responsibility for this crash  and its investigation (and thousands more like it every year)? How will this ever be addressed adequately to end this senseless slaughter of innocent victims in potentially preventable crashes?

When will everyone stop looking the other way–“doing the GM nod” of inertia and incompetence–letting someone else (i.e., nobody) shoulder the blame?

And this is only one “small” part of a huge mess of truck safety issues. When will we figure out that the widespread problem of truck safety (i.e., deaths and horrific injuries caused in crashes with trucks) is multifaceted and that a fragmented attack/approach to solving this disaster is never going to be very effective when everyone involved can point the finger of blame at someone else. . .and, sometimes, the scapegoat of a truck driver will get a slap on their wrist?

Over the course of the year following the crash, we have made many phone calls and sent many emails and letters. We have gotten very little in the way of answers to satisfy our need to understand what happened and to convince us that justice will be carried out.

And what is justice—morally right and fair—in this case? Does it mean looking the other way because he “didn’t mean to do it”? Does it mean showing him mercy and forgetting about it to the extent of meting out little or no consequences? Does it mean giving him a slap on the wrist because “there but for the grace of God go I”? These are hard questions.

We want to know the truth. Love for our daughters and for all travelers on the road—and for the truck drivers as well—drives our quest. The truth is said to set us free. Will the truth enable us, as a country, to free ourselves from injustice and from foolishly ignoring the problems? Unless we face the truth, we will continue to allow senseless, potentially-preventable crashes to rob us of loved ones.

With a potential trial date coming up the week of September 8,  I again attempted to get some answers and, earlier this week, wrote to the new Commanding Officer of the Georgia State Patrol. This was my closing plea:

“If this crash had killed your two children, Taylor and Logan, I wonder whether you would be satisfied with an investigation like the one which we have experienced with our crash.”

Please pray that our relentless demand for answers will ultimately lead to meaningful and enduring change.

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May 8, 2014 from Kathryn

Investigative Report on Underride Guards in Atlanta

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Jim Strickland, consumer investigator with WSB-TV in Atlanta, looked into underride guard problems in November 2013 in the Atlanta area and reported on them: http://www.wsbtv.com/news/news/local/youll-never-look-tractor-trailers-same-way-again/nb4Kf/

Here is his newscast in April 2014 after the National Transportation Safety Board issued their recommendations to NHTSA to improve underride guards:http://www.wsbtv.com/news/news/local/ntsb-recommending-safety-device-big-rigs-after-cha/nfZYM/

When he found out that NHTSA had initiated a rulemaking process for underride guards, he wanted to do an update. He called me yesterday at 11 a.m. for a phone interview.

His report on underride guards,  our crash, and the AnnaLeah & Mary Stand Up For Truck Safety Petition was on WSB-TV Atlanta’s evening news yesterday in two parts first at 4:45 p.m. and the second part at 6:15 p.m.: http://www.wsbtv.com/news/news/local/families-seek-reduce-fatal-tractor-trailer-acciden/ngtnD and http://bcove.me/vfrhezzh

Petition Photo Bags at DOT, best

 

Driver Fatigue Needs To Be Recognized As A Public Health Problem

I have tried to get the attention of the Department of Health and Human Services and requested them to address driver fatigue as a public health problem. So far, no one seems to be listening.

Here is a letter which I received from them yesterday in response to my letter to them (the Secretary of HHS) requesting that they address driver fatigue as a public health problem.
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They determined that they are not the best agency to address my concern and indicated that they are sending my letter to the Department of Labor. That is because, I suppose, I mentioned in the letter that I think the Department of Labor ought to be involved as well. Why? Because how truck drivers get paid and scheduled for their work are also factors in truck driver fatigue.

In other words, I think that driver fatigue will not be fully eliminated until we work together to address this complex public health problem that impairs drivers in much the same way as drunk driving. That is why I have called for a federal task force to work in a more coordinated fashion toward better protection for travelers on our roads.

Canada, at least, seems to be getting the idea and passing relevant legislation to take driver fatigue more seriously:

https://canadasafetycouncil.org/safety-canada-online/article/driver-fatigue-falling-asleep-wheel

“…Driving while fatigued is comparable to driving drunk, only there is not the same social stigma attached. Like alcohol, fatigue affects our ability to drive by slowing reaction time, decreasing awareness and impairing judgment. Driving while sleep impaired is a significant issue, and is no longer tolerated. Legislation {in Canada} is beginning to change by handling collisions cause by a fatigued driver as seriously as alcohol-impaired crashes.”

The Governors Highway Safety Association is supporting a Campaign to Eliminate Drunk Driving. I would like to see them do the same for driver fatigue. I realize that it is a more complex issue, but does that mean we should just ignore it and pretend it does not exist?

http://ghsa.org/html/issues/impaireddriving/index.html

Here is an excerpt from their website:

“Campaign to Eliminate Drunk Driving

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GHSA has joined MADD and others to support the Campaign to Eliminate Drunk Driving. [http://ghsa.org/html/issues/impaireddriving/cedd.html] The campaign has four components: technology, tougher enforcement, stronger laws, and grassroots mobilization. The goal is to ‘completely eliminate drunk driving…making it the public health equivalent of polio.’

GHSA Policy

Excerpted from GHSA’s Highway Safety Policies & Priorities http://ghsa.org/html/publications/pdf/13-14PP.pdf [115 KB, 27 pgs.]

E. Impaired Driving

Impaired driving is a serious problem threatening the safety of our nation’s highways. There are, however, methods of combating this crisis, particularly in the areas of law enforcement, legislation, training programs and evaluation and treatment for offenders.”

“Driving under the influence (DUI) of alcohol is a major public health problem.” http://www.attcnetwork.org/explore/priorityareas/science/tools/asmeDetails.asp?ID=684

DWF = Driving While Fatigued

It is time that we recognize it for what it is: a Public Health Problem.

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CNBC Reports on National Truck Crash Problem

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CNBC Reports on National Tragedy of Truck Crashes http://www.cnbc.com/id/101875063

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CDL Training: Another Area Needing Change in Truck Safety

Last week, Jerry and I met with Charlie Gray, CEO of the Carolina Trucking Academy. He had written to us soon after we launched the AnnaLeah & Mary Stand Up for Truck Safety Petition sharing his thoughts with us:

Charlie Gray Letter from him in March 2014

At the time, we were focused on the petition and the three truck safety issues which it addressed: 1) combatting driver fatigue through use of Electronic Logging Devices; 2) improving underride guards; and 3) raising the minimum liability insurance for truck drivers.

Finally, the time seemed right to correspond with Charlie and we were able to set up a time to meet together and discuss our shared concern about the lack of adequate requirements for CDL training. We enjoyed getting to know Charlie and look forward to working with him to promote better standards for CDL training programs.

Earlier this week, Jerry received an email which contained a letter from Charlie sent out to his friends with whom he shares devotional thoughts on a regular basis:

Charlie Gray Letter from him in March 2014 page 1

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Leader at FMCSA to Leave the Agency

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Photo of our meeting at DOT on May 5, 2014. . .Anne Ferro third from right

I have just learned that Anne Ferro, head of the Federal Motor Carrier Safety Administration (FMCSA) has resigned from her position and will be leaving in August. We recognized her genuine support for safety when we met with her and other DOT officials on May 5, 2014.

I hope that she is effective in promoting safety in her new position as President and CEO of the American Association for Motor Vehicle Administrators. Please pray for her replacement at FMCSA to understand and promote safety and to receive the support and backing of the trucking industry, as well.

 http://thehill.com/policy/transportation/213383-dot-official-resigns-after-trucker-scheduling-flap

Safety Research & Strategies, Inc., Comments on NHTSA & Underride Guards

Safety Research & Strategies, Inc., makes note of the NHTSA initiation of rulemaking on underride guards.

 http://www.safetyresearch.net/blog/articles/nhtsa-finally-tackles-rear-underride#overlay-context=blog/articles/nhtsa-finally-tackles-rear-underride

While they provided a good summary of the history of underride guard regulation, I would like to note that they apparently overlooked NHTSA’s mention of an underride guard petition from the Insurance Institute for Highway Safety (IIHS) in the Footnotes of the Federal Register announcement.

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

 

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More on Side Guards

My daughter just set up a Twitter account for me (@MaryandAnnaLeah), so yesterday I tweeted this: SIDE Underride Guards in Canada & US. A Solution to Save Lives. Not yet required: http://tinyurl.com/lgnddkx  #trucksafety #underrrideguards

Today, I was going to talk about how I wanted to make sure that I was not giving the impression that my advocacy efforts were fueled by vengeance or unforgiveness. In fact, the passion behind my relentless pleas for change are based on the growing awareness and belief that an alarming number of deaths have occurred, and continue to occur, due to what are largely-preventable truck crashes—for any of a long list of possible reasons.

Well, there I did talk about it, didn’t I—but only because I do not want to be misunderstood and because I want to make you equally aware.

And now I want to talk about side underride guards, which I am just beginning to learn more about because our crash was a rear underride and that is mainly what I have been focused on. Thankfully, NHTSA has initiated the rulemaking on rear underride guards but our request for them to require side underride guards–which very few trucks have– is still under consideration.

This is what I read today: http://www.treehugger.com/bikes/cyclists-and-pedestrians-keep-getting-killed-trucks-when-solution-easy-mandatory-side-guards.html and http://www.treehugger.com/bikes/another-cyclist-gets-right-hook-its-time-sideguards-trucks-north-america.html .

Also, see the Mercedes-Benz solution: http://www.treehugger.com/cars/mercedes-benz-unveils-large-trucks-12-18-reduction-air-drag.html 

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Bloomberg BNA Reports on the NHTSA Proposed Underride Guard Rule

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After the National Highway Traffic Safety Administration (NHTSA) initiated a rulemaking process which would improve safety requirements for rear underride guards, Rebecca Kern, reporter for the Bloomberg BNA’s Product Safety & Liability Reporter, interviewed me to find out what I could tell her about this significant stepping stone.

Bloomberg BNA granted me permission to share the article here: bloomberg bna article .

After reading the article, please also read my comments about the quote in it from the American Trucking Associations (ATA) and my communication last week with Ted Scott, the ATA Director of Engineering Services: https://annaleahmary.com/2014/07/clarifying-the-ata-position-on-underride-guards-2/ .

Reproduced with permission from Product Safety & Liability Reporter, 42 PSLR 808 (July 21, 2014). Copyright 2014 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>

From life's first cry to final breath

Photo collage: From life’s first cry to final breath: AnnaLeah & Mary.