Category Archives: Truck Safety

Back-of-the-Envelope Math for Underride Protection Retrofit Cost/Trailer Equation

Let’s do some simple back-of-the-envelope math. How much would it cost to retrofit a trailer? The current estimated cost would be:

Rear guard $ 500

AngelWing Side guard $2,900

Equipment total $3,400

(TrailerGuard SafetySkirt side/rear underride protection system estimate $2,500)

Estimated years of service for a trailer = 15 years

$3,400/15 years = $227/yr

$227 yr./365 days = $0.62/day

So, for $0.62 per day, the trailer owner has the following benefits:

  1. An underride crash with fatalities or life-altering injuries can take a settlement beyond insurance policy limits. Current minimum liability is $750,000; many carriers carry $1 million — large carriers may carry more.
  2. Underride crashes can lead to bankruptcy for independent owner operators and small motor carriers.
  3. Those opposing the bill are not doing a favor to truck drivers, owner operators, and small carriers.
  4. Truck drivers, in general, don’t understand that underride protection will benefit them. It will save their livelihoods.
  5. It will keep truck drivers, who are at fault in a crash, from going to jail if an underride death can be prevented.
  6. It will decrease liability costs, which should decrease their insurance costs.
  7. It could prevent PTSD from being involved in a fatal truck crash (no matter what caused the crash).
  8. A “closed casket crash” impacts truck drivers for a lifetime.
  9. If truck owners would break down the costs of adding the protection over the life of a trailer (10-15 years), it comes out to a very small amount/month — approx. $ .62/day.
  10. Tax deduction from IRS Section 179 for safety equipment purchase.
  11. When side guards are combined with side skirts, it can provide additional fuel savings.
  12. By the way: Allowing underride crashes wastes all of the safety R&D which the auto industry has put into improving the safety features of cars (crush/crumple zone, airbags, seatbelts).

 

Underride Protection Retrofit Cost_Trailer

 

 

Senators Gillibrand & Rubio and Representatives Cohen & DeSaulnier Reintroduce Bipartisan Underride Bill

March has been a momentous month for truck underride. Continuing along that line, the STOP Underrides! Bill has been re-introduced to Congress by its sponsors, Senators Gillibrand and Rubio and Representatives Cohen and DeSaulnier, on March 5.

See Senator Gillibrand’s Press Release here and Senator Rubio’s here.

To convince Congress of the importance of this bill to end Death By Underride, we will be hosting an Underride Crash Test Event in Washington, D.C., starting at 10:00 a.m. on March 26 (watch for livestreaming from Eric Flack & WUSA 9).

Consumer Reports urges Congress to pass the Stop Underrides Act

The STOP Underrides! Bill is now S.665 (referred to the Senate Commerce, Science, & Transportation Committee) and HR.1511 (referred to the House Transportation & Infrastructure Committee).

@NTSB & @NHTSAgov didn’t call for side guards after 2016 Tesla underride fatality; will they after a 2nd?

NHTSA investigated the May 2016 side underride crash of Joshua Brown’s Tesla. Here is the report which they published in January 2018.

Special Crash Investigations:
On-Site Automated Driver Assistance
System Crash Investigation of the
2015 Tesla Model S 70D 812481

Read this description of the injuries which the driver suffered as a result of Passenger Compartment Intrusion (PCI) from truck underride:

The front plane of the Tesla underrode the mid-aspect of the semi-trailer in the intersection, and the first crash event occurred as the base of the windshield and both A-pillars of the Tesla impacted and engaged the sill/frame of the semi-trailer’s right plane/undercarriage. Directions of force were in the 12 o’clock sector for the Tesla and the 3 o’clock sector for the UTI semitrailer. The Tesla maintained its momentum and completely underrode the semi-trailer, which sheared the entire greenhouse and roof structure from the Tesla.

During the underride impact, the driver’s face and head contacted multiple intruding components. These contacts produced fatal injuries to the driver. Intruding components and the semi-trailer also contacted and deformed both front row seatbacks and all of the Tesla’s structural pillars. The sheared roof and tailgate/hatch of the Tesla were captured by the right plane of the semi-trailer as the vehicle continued beneath it, and became deposited in the roadway at the location of the impact.

Please explain to me why NHTSA did not suggest that side guards might have changed the outcome of the crash and, furthermore, took no action to initiate rulemaking to mandate side underride protection.

NTSB also investigated the May 2016 Tesla crash and made no side guard recommendations.

Another Tesla Side Underride Tragedy Points to Need for Truck Side Guard Mandate

Congress, Act Now To End Deadly Truck Underride!

Another Tesla Side Underride Tragedy Points to Need for Truck Side Guard Mandate

Late yesterday afternoon, I heard the news that another man has lost his life when his Tesla went under the side of a tractor trailer in Florida. No matter how it actually came about, doesn’t it seem tragic that we didn’t learn our lesson from Joshua Brown’s tragic death going under the side of a tractor trailer in a Tesla in May 2016?

Earlier today, a Tesla Model 3 owner died in a tragic accident with a semi truck. The Model 3 went under the truck’s trailer resulting “in the roof being sheared off as it passed underneath,” which is known as a “side underride” accident. Tesla Model 3 driver again dies in crash with trailer, Autopilot not yet ruled out

NTSB is sending a team to investigate this crash

Earlier this week, I wrote about the disturbing documentation that current Automatic Emergency Braking (AEB) technology on passenger vehicles is not reliably detecting large trucks: “AEB that reliably detects trucks could prevent underride crashes.” Meanwhile, what should we do? Yet, many of the voices opposing the STOP Underrides! Bill point to Collision Avoidance technology as the better route to prevent underride crashes.

Clearly, collision avoidance technology is not ready to prevent truck underride tragedies at this point in time. In contrast, comprehensive underride protection technology is ready to go — awaiting a mandate to get the ball rolling to save lives.

Here are two practical, viable solutions offered by engineers to prevent the gruesome, deadly passenger compartment intrusion (PCI) which occurs with side underride:

Download this video file to view a recent crash test by Aaron Kiefer into the side of a trailer equipped with the latest version of his SafetySkirt: Video Feb 24, 2 24 45 PM

AngelWing side guard successfully tested at the IIHS at 35 and 40 mph in 2017:

We cannot wait for the trucking industry to handle it themselves and the automotive industry is not prepared to prevent collision with large vehicles. Congress should feel proud to be the ones to make sure that this happens. Unless they want people to die!

STOP Underrides! Petition

D. C. Underride Crash Test, March 26, 2019

From the May 2016, Joshua Brown Tesla side underride crash: Witnesses reveal new details behind deadly Tesla accident in Florida

The police report indicated that Brown’s Model S collided with a tractor trailer that was perpendicular to it and continued to travel underneath it after having its windshield and roof sheared off. Because the vehicle was in Autopilot at the time, the vehicle continued to travel before veering off the road, careening through two fences, and finally coming to a rest after striking a utility pole approximately 100 feet south of the road.

Tesla released a statement on their blog:

“What we know is that the vehicle was on a divided highway with Autopilot engaged when a tractor trailer drove across the highway perpendicular to the Model S. Neither Autopilot nor the driver noticed the white side of the tractor trailer against a brightly lit sky, so the brake was not applied. The high ride height of the trailer combined with its positioning across the road and the extremely rare circumstances of the impact caused the Model S to pass under the trailer, with the bottom of the trailer impacting the windshield of the Model S.”

By the way, these are not “extremely rare circumstances.” Hundreds of vehicles collide with the sides of large trucks every year. Furthermore, both of these crashes clearly involved side underride. Why is this not being acknowledged and addressed?

“AEB that reliably detects trucks could prevent underride crashes.” Meanwhile, what should we do?

Automatic emergency braking (AEB) on passenger vehicles is a good thing. It’s purpose is to reduce the chance of a rear-end collision or decrease the severity of the impact if it does occur. But does it function as intended when the vehicle in front of a car is a large truck?

A recent report from the Insurance Institute for Highway Safety (IIHS) implies that it does not reliably do so:

When it comes to preventing typical front-to-rear crashes, automatic emergency braking is a proven winner. Extending its functionality to address less-common types of rear-end crashes involving turning, changing lanes or striking heavy trucks or motorcycles, for instance, would help maximize autobrake’s benefits, a new IIHS study indicates. . .

Autobrake systems that reliably detect large trucks could prevent underride crashes. Twelve percent of U.S. passenger vehicle occupant deaths in 2017 were in crashes with large trucks, and 1 in 5 of these deaths occurred when a passenger vehicle struck the rear of a large truck.

Autobrake is good, but it could be better, IIHS, Status Report, Vol. 54, No. 2, February 21, 2019

If I am interpreting this correctly, this means that, currently, AEB on many vehicles do not reliably detect large trucks in order to prevent underride crashes. This is no surprise as there is almost 4 feet from the bottom of most trucks to the ground; the sensors are apparently not located in such a way as to be able to detect the truck body. No threat is recognized.

Therefore, it appears to me that we cannot rely on the current collision avoidance technology to prevent rear-end collisions of cars into trucks. If we want to more reliably prevent deadly underride and gruesome passenger compartment intrusion, why then would we not install effective comprehensive underride protection on all large trucks?

See what happens when collision does occur into the rear of a truck which is and is not equipped with an effective rear underride guard:

By the way, the same is, of course, true for the sides of large trucks where there is nothing but open space — nothing for the car’s sensors to detect. What will we do about that?

Download this video file to view a recent crash test by Aaron Kiefer into the side of a trailer equipped with the latest version of his SafetySkirt: Video Feb 24, 2 24 45 PM

AngelWing Crash Test at IIHS, March 30, 2017

Trucker Slow-Roll Protest Raises Awareness of Controversy Over How to End Truck Driver Fatigue Tragedies

There is ongoing and complicated controversy over how to prevent Truck Driver Fatigue. It involves how they are kept accountable for their time on the road (the paper logbook was converted to Electronic Log Books in December 2017), as well as the details of Hours Of Service (HOS) requirements. But the bottomline is how truck drivers get compensated.
Some truck drivers have taken the matter into their own hands to raise awareness of the problem and staged a “Slow-Roll Protest” in Indiana on February 21, 2019. Read about it here: Truckers ‘slow roll’ in Indiana protest
 
This is why I hope to realize my goal of organizing a Tired Trucker Roundtable — to catalyze collaborative conversation and action in order to end the ongoing tug-of-war over these regulations (or lack thereof). 
 

DC Underride Crash Test Event, March 26, 10:00 a.m.: Be There, or Be Square!

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

D.C. Underride Crash Test AGENDA

See for yourself a crash into the side of a trailer — with & without underride protection.

See details here: Save the Date D.C. UNDERRIDE Crash Test flyer pdf

WUSA9 will be livestreaming the event on Facebook.

IIHS crash testing with & without a side guard:

IIHS crash testing weak rear guard & improved (but not required) rear guard:

  1. Sign the STOP Underrides Petition.
  2. Share the Petition link: https://www.thepetitionsite.com/104/712/045/congress-act-now-to-end-deadly-truck-underride/
  3. Call your U.S. legislators here.

CVSA Responds to Senators’ Request to Add Rear Underride Guards to Vehicle Inspection Checklist

Do you want to share the road with trucks which have bent, rusty, or cracked rear underride guards — making an already-weak protective device even weaker when not properly maintained?

That is the current reality on our roads. So we are encouraged by CVSA’s response to our request that they add underride guards to their commercial vehicle inspections:

“There are currently 15 items on the Commercial Vehicle Safety Alliance (CVSA) out-of-service criteria that render a commercial motor vehicle operator unqualified to drive if their trucks do not meet CVSA standards,” the [Senator Gillibrand & Senator Rubio letter to CVSA] said. “This list includes lighting devices, windshield, wipers and frame of the vehicle.”

But not underride guards!

The Stop Underrides Act (S. 2219) has been referred to the Senate Committee on Commerce, Science and Transportation.

In the meantime, the two lawmakers also have asked CVSA to consider upgrading the standard for rear guards with cracks, rust or corrosion to be placed out-of-service.

“We’ve been requested to look at them to see whether or not they belong in the out-of-service criteria,” Kerri Wirachowsky, director of CVSA’s roadside inspection program, told Transport Topics. “Maybe, maybe not. But before we go that far we need to see what is out there and what the condition of them are.”

Although there are federal requirements on size, placement and condition of the rear underguards, CVSA does not have a handle on how vigorously inspectors are checking the underguards or issuing violations when they’re “beat up, bent or have lost bolts,” Wirachowsky said.  CVSA Responds to Senators Deciding to Spend a Day Inspecting Underride Guards, August 15, 2018, Transport Topics

On February 13, 2019, WUSA9 reported on the results of that August 27-31, 2018, CVSA underride inspection project. Big changes coming to big rig risks, WUSA9, February 13, 2019

. . . our investigation uncovered many of those rear guards don’t measure up, and worse, hold up in accidents.

Now we’ve discovered the inspectors responsible for red-flagging dangerous rear guards, have very little power to do much about it.

As a result [of the underride inspection project], CVSA is now making major changes. 

  • It’s retraining road-side inspectors to check rear guards.
  • Asking the federal government to tighten the rules on rear guard inspections.
  • Effective immediately: the CVSA is increasing training on how to inspect rear guards. 
  • Adding it to the agency’s critical inspection item list.
  • Prohibiting inspectors from giving CVSA approved decal to any vehicle that doesn’t meet rear guard requirements.

The decals allow trailers, who have passed inspection, to roll through these stations without getting looked at again.

Meanwhile, other proposed changes will require federal approval, including adding faulty rear guards to list of things that can result in a trailer being pulled off the road, and adding rear guards to the check list trucks must meet to pass annual inspections. {* See footnote.}

The Stop Underrides Act would go even farther than the safety improvements the CVSA is now recommending. Major changes to stop underride accidents could be coming to US highways, WUSA9, February 13, 2019

We are also thankful to CVSA for their work with FMCSA on the recently published training video on the vehicle inspection process. This process now includes inspection of the rear end protection device (although I hope that they update the video with more details of what to look for, along with photos with examples of guards which don’t pass inspection).

VIDEO: A step-by-step review of a North American Standard (NAS) Level 1 inspection – narrated from the perspective of the commercial driver

* Hint, hint, hint, FMCSA. On November 1, 2018, we submitted a petition to FMCSA Administrator Martinez, asking that you add underride protection to Out-Of-Service items in Appendix G. We are still waiting for a decision.

Letter from FMCSA in response to our petition

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).