Category Archives: Truck Safety
Mary Barra: “If it’s a safety issue, there should not be a business case calculated.” What about underride?
I have been wrestling with the question: Does NHTSA do a cost/benefit analysis before issuing a recall on an auto safety defect which has been shown to cause deaths? And if not, then why do they do a cost/benefit analysis to determine whether or not to require underride protection be put on trucks to prevent deadly underride?
And, in general, is the cost/benefit analysis which they have done on underride been flawed? Cost Benefit Public Comments on Underride Rulemaking
The Price Of Human Life, According To GM
Cost benefit analysis of safety recalls cspan video footage of GM Ignition Recall Senate Hearing, Mary Barra, CEO at GM
Mary Barra at 0:25: “If there is a safety defect, there is not a calculation done on business case or cost. It’s how quickly we can get the repair. . .whatever needs to be done to make sure the vehicles are safe that our customers are driving.”
Mary Barra at 3:21: “Again, if it’s a safety issue, there should not be a business case calculated.”
The difference is that underride is not about an auto safety defect. It is not about occupant protection on a car, and it is not about occupant protection on a truck. It is about equipment on a truck to protect those who might collide with it. No man’s land in terms of perceived responsibility.
See this description of that dilemma from a Transportation Research Board report titled, The Domain of Truck and Bus Safety Research, May 2017, p. 135:
An added complication for safety technologies is that the beneficiaries of heavy-truck safety are primarily other drivers, not the owners or drivers of the trucks. In a highly competitive business atmosphere, truck buyers are not easily motivated to purchase new technologies solely for the public good. Added equipment must also contribute to their company’s profitability in some way and thereby enable them to compete with other companies that have not purchased the same technologies. For this reason, many new safety technologies that are developed and demonstrated are very slow to be deployed. Those safety devices that do gain widespread acceptance generally have secondary-ancillary functions or capabilities that offer a short-term payback to the buyer.
Given these realities, the federal government plays an important role in the process of introducing new safety technologies into the commercial market. Large demonstration programs, involving broad involvement of all the suppliers of a given technology and all the medium-to heavy-truck manufacturers are essential to creating both a sufficient body of data and evidence that a product or technology performs well, in addition to a sense within the industry that the product will be cost-effective and, therefore, worth buying. It is a difficult task to create this critical mass and one that often only the government can accomplish.
In some cases, regulation may be the only way to achieve significant deployment. Even when there is a general consensus that the total benefits of introduction of a new safety technology would outweigh the total costs, there is still the problem of convincing individual vehicle buyers to pay for societal benefits. A regulatory requirement would level the playing field by requiring all companies to buy the equipment and thus eliminate the competitive financial disparity. Regulations are always controversial. It is extremely difficult to quantify the benefits of a technology before the fact. The Domain of Truck and Bus Safety Research
Another interesting read: The Hidden Benefits of Regulation: Disclosing the Auto Safety Payoff, 1985, Joan Claybrook and David Bollier
What do you think?
@SenatorBurr, the underride problem clearly has not gone away since we discussed it with you 5 years ago.
We are hoping for another meeting with our senator, Richard Burr. Clearly the underride problem has not gone away since our family met with him five years ago — just a few months after our crash.
Our TV interview, including Senator Burr, on August 13, 2013: https://tinyurl.com/y7ynscpr
Recent underride crashes which have occurred just in the last few days (there may well be more that I have not yet heard about):
Kansas: https://www.kansas.com/news/local/article220852645.html
Michigan: https://wincountry.com/news/articles/2018/oct/30/cass-county-woman-injured-in-crash-with-semi/
Texas: https://www.wcmessenger.com/2018/news/1-killed-in-wreck-on-287-2/
Maine: http://www.sunjournal.com/jay-woman-injured-after-running-into-tractor-trailer-in-wilton/
Good News for Traveling Public: “All major trailer makers earn IIHS award for good underride protection”
The Insurance Institute for Highway Safety announced this week that all eight major trailer manufacturers have now improved their rear underride guards. This is good news for the traveling public.
ARLINGTON, Va. — Seven years after the Insurance Institute for Highway Safety found serious shortcomings in the rear underride guards of most semitrailers, the eight largest North American manufacturers are now making rear guards capable of preventing deadly underride in a range of scenarios. All eight companies earn the IIHS TOUGHGUARD award.
The companies — Great Dane LLC, Hyundai Translead, Manac Inc., Stoughton Trailers LLC, Strick Trailers LLC, Utility Trailer Manufacturing Co., Vanguard National Trailer Corp. and Wabash National Corp. — represent approximately 80 percent of the trailers on the road in the U.S. All but one of them, Manac, had to make changes to its underride guard before they were able to pass the three IIHS tests.
“We’re pleased that all the major manufacturers responded positively to our underride tests,” says David Zuby, IIHS chief research officer. “By improving their guards, these companies have demonstrated a commitment to the safety of passenger vehicle occupants who share the road with their trailers.” . . .
By the time IIHS announced the TOUGHGUARD award last year, 5 of the 8 guards met the criteria.
Since then, Hyundai Translead and Utility have earned the award. Strick now joins them, thanks to a new underride guard that completes the industry’s effort to improve protection against rear underride. . .
See the complete IIHS report here: All major trailer makers earn IIHS award for good underride protection
This is great news, and I am glad for the trailer manufacturers commitment to meet the TOUGHGuard award. But I would have phrased it a little differently myself because I don’t think that this “completes” the industry’s efforts on rear underride. Still to be done, in my mind:
1. TOUGHGuard rear underride protection become standard on all new trailers — not merely an option.
2. Test the guards to see if they are effective at speeds higher than 35 mph. After all, an aluminum extrusion company has produced a rear underride guard which has been officially and successfully tested at 40 mph.
3. Make retrofit kits available for all trailers at least 10 years back.
4. Install effective rear underride protection on single unit trucks.
5. Enforce the requirement for rear underride guards to be kept in like-new condition because a weakened guard is less likely to perform as needed upon collision.
That is, if we want to prevent rear underride tragedies no matter what truck someone might collide with on the road today or in the years to come. . .
And oh, by the way, the STOP Underrides! Bill would mandate every one of those steps to end preventable underride.
Crash cars from previous crash tests — one with & one without effective underride protection.
TRUCKERS NEEDED – Can you Help us, please?
We are two families who have lost daughters due to an underride crash and
are organizing a truck underride crash test in Washington, D.C., in late
October.
Note: This event has been re-scheduled to March 26, 2019.
DC Underride Crash Test SAVE THE DATE
We believe that this important visual display will persuade truckers and
lawmakers that the STOP Underrides! Bill should be passed to benefit
truck drivers as well as the people who are vulnerable to experiencing
these terrible deaths.
Truckers, we would like your help to pull this off. Please let us know if
you can do ANY of the following:
1. Transport a trailer for the crash test to D.C. the day before the event
and then take it back again.
2. Transport two crash cars from Cary, North Carolina, to D.C., the day
before the crash test.
3. Make a donation to help in this life-saving, career-preserving endeavor.
4. Spread the word to others.
Truck drivers, underride crashes are more often fatal than not. The
truckers who have been involved in underrides, many times experience
lifelong emotional and financial anguish when these collisions occur.
Please read the truth about Underrides in trucker advocate Allen Smith’s post
“Underride Guard Mandate: A Counterargument to Industry Opposition”
http://askthetrucker.com/underride-guard-mandate-a-counterargument-to-industry-opposition/
If you can help, or have questions, contact us at
marianne@annaleahmary.com. We would appreciate reduced rates and/or time
donated to our 501(c)(3) non-profit organization, AnnaLeah & Mary for
Truck Safety, as a tax deductible gift.

“Up against [a tobacco] industry that has just completely disregarded human life”
Fair Warning recently published an article on litigation related to the tobacco industry. Do you detect startling similarities to the disregard for human life by the trucking industry’s inaction on the underride problem?
Rosen said he expects to litigate tobacco cases for the foreseeable future. “To me these are the best cases to represent people and go up against an industry that has just completely disregarded human life and consumer safety,” he said. “The companies just look at their bottom line at the expense of consumers who didn’t really understand what they were getting into.” Florida Still a Dismal Swamp for Cigarette Makers Fighting Death and Injury Claims
CVSA Responds to Senators Deciding to Spend a Day Inspecting Underride Guards
“There are currently 15 items on the CVSA out-of-service criteria that render a commercial motor vehicle operator unqualified to drive if their trucks do not meet CVSA standards,” the [senators’] letter said. “This list includes lighting devices, windshield, wipers and frame of the vehicle.”
We’ll keep you updated on the results of their research across the country, August 27-31.
Help us win $25,000! Vote for our video in the #25yearsofgiving video contest!
“Obviously any safety accident we’ll do everything we can to prevent it,” Sen. Thune
A trip to South Dakota by Lois Durso, to raise awareness of the truck underride problem at the Sturgis Motorcycle Rally, led to some media interviews in which both she and Senator John Thune talked about the STOP Underrides! Bill.
According to Senator Thune,
“Obviously, any safety accident or safety incident we’ll do everything we can to prevent it. The authority exists on the Department of Transportation to require that.” . . .
I’d like the opportunity to discuss with Senator Thune the fact that, if that is truly so, then moving the STOP Underrides! Bill to a vote would be a logical action for him to take to prevent underride tragedies.
I’d also like to discuss with the senator that the Department of Transportation may have the authority to require strong underride protection but, in over 50 years, they have not acted upon it to require side guards — even though they said that they intended to in March 1969. Furthermore, NHTSA has not acted upon that authority to adequately address the underride deaths and injuries which continue to occur year after year.
It seems to me that the three branches of the government were designed for the purpose of keeping each other in line and that the role of Congress includes making sure that the administrative branch is doing its job to protect the American people. ( To ensure the government is effective and citizens’ rights are protected)
“The cost that is associated with that obviously is a big issue,” Sen. Thune said. “And there are also, I think, as they look at these things, other safety issues come into play, as well. So, sometimes when you tweak one thing or fix one problem, you create others. . “
I would like the opportunity to sit down at the table with Senator Thune and show him the facts about the negative financial impact of underride injuries and deaths upon the trucking industry. I would also like to discuss with him the tangible ways in which the passing of the STOP Underrides! Bill will lead to a win/win for both the industry and the vulnerable victims of underride violence.
Senator Thune is not the first to mention “unintended consequences.” It is a tired old argument that the trucking industry is always using and gets us nowhere. Frankly, I don’t think that it is productive to talk in generalities like that and refuse to engage in open and honest discussion about specifics. Just what safety issues is he talking about anyway, because he doesn’t spell them out? And really, what could be worse than dying at the scene like AnnaLeah who was crushed and died because she couldn’t breathe or Mary who had just about every bone in her face broken and suffered multiple strokes and head trauma so that she died a few days later?
The industry also frequently brings up issues like: Will the guards be so low that trucks will get caught on railroad tracks or in loading docks? Will they weaken the trailer structure? Will they negatively impact over the road travel? Will they last the life of the truck? I don’t know about the people who ask those kinds of questions, but I have talked to engineering experts to find out the answers to those questions; mostly they don’t think those concerns are valid and realize that, if issues do crop up, then they can be addressed with engineering ingenuity.
“I think as they evaluate and examine this proposal they’re trying to do it in a way that makes sense and find the right balance in terms of the path forward,” Sen. Thune said. . .
There is nothing that does not make sense about the STOP Underrides! Bill. Engineering experts were an integral part of developing the legislation. And the bill itself calls for the establishment of a Committee On Underride Protection to be part of the rulemaking process.
The right balance? What does that mean? Does that mean that we will continue to let the trucking industry off the hook from taking responsibility for deaths and injuries which occur from the dangerous design of truck bodies in relationship to a geometric mismatch with passenger vehicles? Does that mean that some people will have to continue to die from preventable Death By Underride to protect the profit of the trucking industry? Were my daughters’ lives not worth saving? How about yours or your loved ones? The industry has avoided paying anything for years. Shouldn’t they have to make up for lost time and finally pay the piper?
Senator Thune says there have not been any proposals that would cost the taxpayers. He says truckers would have to pay for the changes. http://www.ksfy.com/content/news/Two-women-are-traveling-across-the-state-to-raise-awareness-of-Underrides-490493581.html
Senator Thune is right that the bill does not require that money be added to the federal budget which would cause further debt to taxpayers. Although he says that truckers would have to pay for the changes, he doesn’t spell out exactly what that will mean or that an honest cost/benefit analysis will show that effective and comprehensive underride protection will, in the end, actually be to their financial benefit and it will help to preserve their careers and emotional well-being.
Of course, it will require an initial output of money but won’t those costs be passed along so that we all share in this? And, in all this talk of costs, no one has actually indicated what the costs will be compared to the overall revenue and profit of the industry.
What it gets down to is that Senator Thune, as the Chair of the Senate Commerce Committee to whom the bill has been referred, has the power to protect the traveling public and therefore the responsibility to act in a way that is in the best interest of the American people. It behooves him, therefore, to meet with those of us who understand every nuance of the underride issue. That is why Lois Durso and I have asked to meet with him to discuss this in depth.
He needs to know that the trucking industry has, for decades, neglected the known problem of deadly underride and refused to take appropriate action to aggressively address the issue. Clearly, they are not going to get it solved without intervention from the federal government.
There, the gauntlet has been thrown down — not to defeat Senator Thune or the trucking industry but to engage in productive and passionate dialogue which will help us to arrive more quickly at a resolution of this public health problem — together.
If Senator Thune is unwilling to take decisive action, then who should bear the responsibility for the people who continue to die as a result of this needless delay in passing the bill?