Category Archives: Truck Safety

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

Safety Advocacy, Truck Safety, , , , , , , , , , , , , ,

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?

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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

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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!

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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

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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?

Safety Advocacy, Truck Safety, , , , , , ,

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 possible. https://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.

Safety Advocacy, Truck Safety, ,

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

Safety Advocacy, Truck Safety, , ,

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.

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

Safety Advocacy, Truck Safety, , ,

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.

Myth: Significant differences in vehicle mass responsible for truck crash severity. #STOPunderrides

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Two days ago, I found an Insurance Institute for Highway Safety (IIHS) Status Report from August 26, 1989. It had two articles about front underride protection which clearly demonstrated the benefit of installing that kind of technology on large trucks to reduce the severity of collision injuries.

“Front End, Energy-Absorbing Truck Guards Reduce the Risks for Motorists”, 8/26/89, IIHS Status Report

Here’s another report which I found the next day. It is a NTSB Safety Recommendation from May 8, 2006, which clearly explains the benefits of front underride protection. Thirteen years ago. And I find myself to be the only one in the country talking about this at any level of insistence that we do something about this. Now.

https://www.ntsb.gov/…/safety-recs/recletters/H06_16.pdf

I found it interesting that NHTSA stated in June 2000 that, “the common belief is that not much can be done to diminish the consequences of crashes between smaller vehicles and large trucks because of the significant differences in vehicle mass.

[I know this to be a MYTH both because I know that underride protection can significantly change the outcome and because I am a truck crash survivor of a horrific crash due to the fact that the truck did not come into my part of the car.]

“However, research has shown that geometric height differences and a lack of forgiving front truck structures CAN be modified to help reduce heavy truck aggressivity and to mitigate the severity of these types of accidents. Examples of these modifications, often referred to as ‘front underride protection systems’–which can result in reduced intrusion or occupant injury–include energy-absorbing front structures to offset the weight differences between two impacting vehicles, as well as bumpers designed to deflect the impacted vehicle away from the front of the truck, thereby reducing the total change in velocity of the smaller vehicle.”

This added information stirs up anger in me at what could have been done well before our crash — in which a truck hit us (front underride protection) and in which we collided with the back of a second trailer (rear underride protection). Fortunately, it also stirs up in me renewed energy and zeal to bring down the walls of Jericho and an end to this senseless loss of lives.