When Jerry asked whether we could find any story about why Percy Hawksworth filed a patent in 1913 for a safety device for the sides of motor vehicles, this is what I found online:
A lawsuit related to that patent arguing that there was nothing novel about it. Nothing new under the sun.
A Patent was granted for Improvements in or relating to safety devices or life-
guards for motor vehicles. One of the Claims was for A guard for a motor
vehicle Consisting of a frame or the like carried along the side of the vehicle and
crossing the path of the rear wheels at a slight inclination substantially as and
for the purpose described. At the trial of an action for infringement of
the Patent, the only defences raised were want of novelty and of subjectmatter.
It was proved that slatted guards of the same general construction as
those described in the Specification had been in common use for many years between the front and back wheels of tramcars, and that the only difference in arrangement between those guards and the patented guards consisted in the fact that the tramcar guards, owing to the cars being run in either direction, were parallel to the sides of the cars, instead of being inclined to the sides. There was no constructional difficulty in giving the inclination to the guard. Guards similar to the patented guards had also been used for the front wheels of tramcars, and there was no constructional difficulty in adapting to the rear wheel of a motor omnibus the guards that had been used for the front wheels of tramcars. It was also proved that, in the prior Specification of P., guards for both the front and rear wheels of tramcars had been described, the inclination of the rear wheel guards being almost the same as that of the patented guards.
Held, that in view of prior user on tramcars, of both side guards and front guards,
and the publication of the Specification of P., there was no element of novelty or invention to support the Patent, and that it was invalid
” This invention has reference to safety devices or life-guards for motor vehicles. It is well known that many, if not most, of the worst accidents with motor buses or heavy motor vehicles are caused by the rear wheels. Now according to this invention, which is intended more particularly for use on motor buses, a life-guard, catcher or fender is provided for each of the rear wheels, consisting of a frame carried at each side of the bus or vehicle in such a way that with only a slight inclination its rear end overlaps or extends to the outside of the rear wheels, and thus serves to push anyone who may have been knocked down, or otherwise comes against it, clear of the said rear wheels.
In this way if anyone should for instance be knocked down by the bonnet or front of the bus or other vehicle, and the driver has succeeded in clearing him with the front wheels, he will be pushed on one side by the advance of the inclined guard frame clear of the rear wheels, instead of being caught by the latter as frequently “happens.
Similarly, if anyone should be accidentally thrown towards the bus from the side,
as for instance by a side-slip from a bicycle, and thus come against the inclined
fender, it will act in the same way and prevent him from going under the bus
or vehicle and from being run over by the rear wheels.
By the arrangement above described, a very simple efficient and reliable protection is provided against accidents from the rear wheels of motor vehicles and the device also acts as a side guard to close in and protect the side space between the front and
rear wheels
Ever since we began sharing about our crash so that we could help to make trucks safer, people have been touched by the story of AnnaLeah and Mary. They tell us how they can’t drive down the highway and see trucks without thinking about them. It clearly touches their heads & hearts. They get what rear underride is.
The same is true when Lois Durso shares the story of her daughter Roya’s crash. People suddenly understand what a side underride crash is and why we are working to prevent these kinds of tragedies. Tears come to their eyes.
So that is why — when we saw that no one was doing anything to mandate side guards, front guards, and stronger rear guards on new trucks, including single unit [box] trucks, as well as retrofit existing trucks with the same life-saving protection and making sure that they were properly maintained — we decided to draft comprehensive underride protection legislation ourselves.
And, when we were figuring out what to call the bill, we naturally named it for what was so very precious to us — our beloved daughters, who were no more. We wrote it in memory of the countless loved ones whose lives had been forever changed — each of whom are very precious to the loved ones they left behind.
It has become our calling card: the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017 (RAMCUP). And we are concerned that we are being asked to take the girls’ names off of the bill title (so that other underride victims will not feel left out) — not because we think that they are more important than anyone else, but rather because we believe that their stories have been what have helped to bring national attention to this issue and better understanding of the problem, along with a willingness to do whatever it takes to end it. We would like to keep that momentum going until this bill gets passed.
In fact, it would never be possible to include a list of names in a bill which would honor all the victims of underride. There are thousands of them and, furthermore, because it is a hidden problem, many people might not even realize that underride was involved in their loved one’s death.
But it is our hope that we will be able to plan significant ways to honor those who have been injured or lost their lives through an underride crash, such as a Remembrance Ceremony in D.C. or an underride personal crash story interactive map and a webpage on the DOT website — giving family members a positive way to be involved in the effort to get effective underride protection on all trucks and to remember their loved ones in a special way. Hey, they could even get a shirt printed with their loved one’s picture and name on it!
December 13, 2017, UPDATE: We now have an Interactive Underride Crash Story Map. We have only just begun to add links to the countless underride tragedy stories. If you have information on an underride crash, or would like to add more details about the people touched by these tragedies, email us at underridemap@gmail.com. Here is the map.
Just recently, Lois texted me with this encouragement:
The Lord is speaking to my heart — do not worry, all is well. He is my praise, hope, and strength.
Then she shared this story which made my heart hurt:
Today, my daughter-in-law was wearing her RAMCUP shirt. My 20 month-old granddaughter, Miriam Roya, pointed to and said the names of Roya, AnnaLeah and Mary. . . Even a baby can remember our beautiful daughters.
Miriam Roya, who will never know her Aunt Roya
Miriam’s daddy, Cyrus, with his sister Roya
We’re with you, Miriam. . . we will always remember this very important bill as the Roya, AnnaLeah & Mary Comprehensive Underride Protection Act of 2017 — because it is our great love for those three girls, and our sense of urgency that no one else should undergo this kind of preventable loss, which has fueled our efforts to make sure that this major public health problem gets properly taken care of.
Jerry Karth, Lois Durso, and I recently compiled this extensive list of U.S. underride research, reports, and recommendations beginning in 1896 and continuing to this day. I think that it speaks for itself: effective and comprehensive underride protection is long-overdue. This list is referred to in a recent post on this topic. (Post updated: 1/10/2020)
1896 This patent for a side underride protective device for street cars was issued on July 14 1896 and cited by numerous more recent underride patents: http://www.google.com.pg/patents/US564027.
1913 A patent was issued in 1913 for a “Safety Device for Motor Vehicles” to provide underride protection for the sides of large trucks. https://www.google.com/patents/US1127241
Since that time, numerous patents have been published which refer to this 1913 patent (with the patent information organized in these columns: Citing Patent, Filing date, Publication date, Applicant, Title):
These can now be found in a post dedicated to listing UNDERRIDE GUARD PATENTS. To see this list, go here. (1/20/20)
1969 On September 3, 1969, Congress discussed UNDERRIDE but did not act. U.S. Congressman Vanik from Ohio was given the floor. He made a lengthy statement, with noteworthy comments about underride protection, including the inadequacy of the proposed regulation for rear underride and the absence of regulations for smaller straight trucks, as well as protection on the sides and front of trucks. How many more people will die before Congress lays down the law? Read more here.
1970 August 14, 1970, In the Federal Register, “Further consideration will be given, after issuance of the standard and completion of technical studies, to the inclusion of energy management of underride protection to the sides of large vehicles.”NHSB 1970 35 FR 12956
1971 June 15, 1971, In the Federal Register, “Notices proposing a motor vehicle safety standard on rear underride protection, applicable to trucks and trailers, were published October 14, 1967 (32 F.R. 14278), March 19, 1969 (34 F.R. 5383), and August 14, 1970 (35 F.R. 12956). Based upon the information received in response to the notices and evaluations of cost and accident data, the Administration has concluded that, at the present time, the safety benefits achievable in terms of lives and injuries saved would not be commensurate with the cost of implementing the proposed requirements. For the information of all interested persons, notice is hereby given that the rulemaking action is terminated, and that no final rule will be issued on this subject without further notice of proposed rulemaking.”NHTSA 1971 36 FR 11750
1977 Page Patent guard rail for side protection on large wheel vehicles, 1977 US Side Guard Patent US4060268 William Page.pdf
1977 An Insurance Institute for Highway Safety (IIHS) crash test research illustrates the ineffectiveness of 1953 rear underride guard.
1977 A Senate hearing leads to new calls for stronger underride protections, and illustrates the inadequacies of existing requirements.
1979September 24, 1979, In the Federal Register, “The agency will continue to gather information on side underride during the rear underride rulemaking. If the evidence gathered by the agency indicates that side underride rulemaking could contribute significantly to safety, the agency will commence rulemaking. At the present, however, the agency concludes that side underride rulemaking should not be commenced and Mr. Page’s petition is denied.”NHTSA 1979 44 FR 55077
1981 January 8, 1981, the Federal Register published proposed rear underride rulemaking which was not completed, “The purpose of this standard is to reduce the number of deaths and serious injuries occurring in rear underride accidents that involve heavy vehicles. Applicability. This standard applies to trucks and trailers that have gross vehicle weight ratings (GVWR’s) greater than 10,000 pounds.” NHTSA 1981_46 FR 2136
1997 Study illustrates the discrepancies in The Fatal Accident Reporting System (FARS) underride fatality count when compared to the NHTSA database, highlighting that more people are dying from underride than are being recorded. INCIDE~1
2002 ATA Technology Maintenance Council predicts underride regulations to be issued by 2005 for Single Unit Trucks and 2006 for Side and Front Underride Protection: 2002 ATA Prediction of Side Guard Regulations
2009 IIHS begins to call for the requirement of front and side underride guards, as well as improved rear guard requirements in its testimony to US House Committee on Energy and Commerce. IIHS testimony_2009-05-18
2009 Letter from IIHS to NHTSA IIHS rear comment_2009-07-01, “In many crashes involving large trucks, NASS/CDS lacks both proper identification of truck types and photographs of involved trucks. Photographs help researchers in two ways — to better understand the injuries sustained by passenger vehicle occupants in collisions with trucks and to evaluate potential countermeasures such as rear underride guards on trucks. IIHS understands that many NASS/CDS investigations take place away from crash scenes. We further understand that large trucks that are drivable after crashes may not be kept in storage awaiting NASS/CDS investigators. Still, investigators should work with local law enforcement agencies to obtain photographs of large trucks taken at crash scenes.”
2009 Patent filed for a “Side impact guard device for industrial vehicles, particularly trailers or semi-trailers”
Side impact guard device for industrial vehicles, particularly trailers or semi-trailers
2010 An evaluation of U.S. rear underride guards meeting federal requirements shows that these protections still allow for severe passenger vehicle underride, often resulting in serious or fatal injury. file:///C:/Users/LD46500/Downloads/22esv-000074.pdf
2012 Sapa Extrusions (inventor/engineer Malcolm Deighton) filed for a patent in 2012 for a “Semi trailer under-run protection device” which they later developed into a rear underride guard which was successfully crash tested on a trailer in April 2017. https://www.google.com/patents/USD703106
2015 NTSB recommends that regulators develop performance standards for side and front underride protection systems to improve highway vehicle crash compatibility with passenger vehicles. https://www.ntsb.gov/safety/mwl/Pages/mwl9_2015.aspx
2015 NHTSA issued a Notice of Proposed Rulemaking on: ANPRM Single Unit Trucks (withdrawn for not being cost effective) and NPRM improved rear underride guards (still in limbo as of 1/10/2020).
2015 Aaron Kiefer, crash reconstructionist and forensic engineer, was issued a patent for an innovative combination side & rear trailer underride protection system: https://www.google.com/patents/US9463759 Please see the numerous underride patents referred to in this patent.
2017IIHS TOUGHGuard Award Announced for improved rear underride guard design by trailer manufacturers, March 1, 2017
2017IIHS tests side underride guards at 35 mph, and illustrates the dramatic impact side guards have in preventing serious injury and death. IIHS Announces Side Guard Crash Testing Results :
2019 FMCSA Volpe Transportation Center Study Final Report Completed by February 2019 but not available publicly (as of 1/10/2020). Goals include — Despite three decades of international experience, the operational, cost-benefit, and regulatory aspects of requiring truck side guards in the United States has not been studied. This research project addresses this gap. Five key tasks are included in this project: (1) study interaction of a potential side guard with other truck parts and accessories (e.g., fuel tanks, fire extinguisher, exhaust system) and the implications for a new Federal Motor Carrier Safety Regulation; (2) investigate applicable international side guard standards; (3) perform a preliminary cost-benefit analysis of truck side guard deployment; (4) propose recommendations; and (5) propose means for voluntary adoption.: Study of Truck Side Guards to Reduce Pedestrian Fatalities
2019 Underride Issue & Legislation discussed at the House Transportation & Infrastructure Committee Hearing on June 12, 2019 on The State of Trucking In America
2019 August 23, 2019: Jury Verdict $42 million in Riley Hein Side Underride Case: Found the Trailer Manufacturer Negligent In August, a New Mexico jury found a trailer manufacturer “negligent” in a side underride fatality. “The family hopes the verdict ‘sends a message’ to the truck-trailer industry to take measures to prevent underride crashes.” Read more here. (TTMA Joint Defense Agreement)
2019 Basics of Underride problem & solutions presented at North Carolina Vision Zero Traffic Safety Conference:
2020 Underride Staff Briefing, August 19, 2020:
On August 19, we hosted another Underride Staff Briefing — this time via Zoom. We are providing Congressional Offices with the PowerPoint pdf from that presentation, including comments from engineers with expertise in underride as well as underride families: Underride Briefing PowerPoint pdf (inc. links to resources & video)
You cannot begin to imagine the riotous cacophony of emotions ricocheting about within this mother’s heart right now. Pain. Grief. Anger. Frustration. Outrage. Heartache.
These last few days, Lois and I have been on a journey together which has taken unexpected turns. After driving cross-country with my son to help him get settled in his new home in Santa Cruz, l took a red-eye flight to Chicago where Lois picked me up from the O’Hare airport.
Our original plan was to get on the highway and head for a cottage in Michigan. But it seemed good to us both to take this opportunity for Lois to give me a glimpse of her daughter Roya — the house where she grew up, a favorite restaurant, a school and church, her grandpa and the home he built, and finally her final resting place here on this earth.
It was a very good and a very hard thing for the two of us to do. And then we headed for my old stomping grounds.
We had made plans to spend a few days at a cottage on Lake Michigan where Jerry and I have created many memories. He and I discovered it one year on a getaway and thereafter brought our kids for many fun family times. It was also where we stayed with our nine children and their families when we returned North for my 90 year-old dad’s funeral in 2011. Twelve year-old Mary took over 600 photos on her hand-me-down camera that trip.
Perhaps you can imagine what it was like to arrive at a place so full of wonderful memories of AnnaLeah and Mary. Bittersweet. Heart-wrenching.
We enjoyed a beautiful sunset over the Lake that evening and contemplated our next steps in getting the Roya, AnnaLeah and Mary Comprehensive Underride Protection Act of 2017 introduced and passed as we tended a marvelous beach campfire.
The next morning, after sighting a rainbow on the Lake’s horizon, we set out for a local bagel shop to take advantage of their Wi-Fi. It was time to get down to business and compile a list of underride research which has been done over the years.
We had previously put together a list of underride recommendations and reports for the senator who intends to introduce the bill. Now we were responding to a request from her staff to add any additional underride research which we could find so that they could share it with Republican Offices in hopes of persuading them to jump on board with her in leading the way with this life-preserving legislation.
In summary, this legislation is so vitally important because — all too often — it is not the collision of a car with a truck which is responsible for an ensuing tragedy but the lack of adequate underride protection. This results in a second collision where the truck collides with the passengers in the car and what is known as Passenger Compartment Intrusion (PCI) which occurs with truck underride.
The day before, we had updated Jerry and asked him to look for underride patents online. I knew of a couple in particular which we had already discovered in our unwelcome truck safety advocacy journey. What he then uncovered was beyond belief.
Jerry sent us a link to a U.S. patent for a side underride device invented in 1913. What?! That was before my 90 year-old father, who has been gone for six years, was born. Over a century ago!
But that’s not all! That patent from 1913 has been cited by 26 more recent patents — ones filed by engineers working on their own ideas for solving the problem of defective truck design which allows pedestrians, cyclists, motorcycles, and passenger vehicles to ride under the side of commercial motor vehicles. Unbelievable!
As if that were not enough to cause outrage to well up, we made another discovery as we began work on updating the research list. Jerry had also sent a link to an 1896 patent for a side underride device for streetcars. Again, this patent has been cited by numerous other patents for underride protection.
In the end, we were able to compile an extensive list of underride research, reports, and recommendations on front, side, and rear underride which provides incriminating evidence of an apparent conspiracy of silence. The negligence on the part of the trucking industry and the federal government to take the initiative to do whatever is necessary in order to protect the citizens of this country from a known deadly defect is appalling.
They can no longer cling to an excuse of ignorance. They have had more than enough time to put their heads together and come up with viable solutions.
The blood of countless underride victims has been unnecessarily shed. Our precious daughters have paid the price.
Whereas it is clear that there have been many individuals who have put forth effort to solve the underride problem, the overall inaction, on the part of the industry and government, and their refusal to take responsibility for effective collaboration to find a solution has taken its toll on American families. When will this behind-closed-doors conspiracy of silence end? Very soon, I hope! In fact, we have seen significant progress in recent years — although too little and too late to save our daughters.
I know that tomorrow, as Lois and I visit the cemetery where AnnaLeah and Mary saw their grandpa buried less than two years before we buried them close by, l will weep bitter tears. I only hope that our combined efforts will be fruitful and turn the tide.
I have often shared a photo of AnnaLeah and Mary with their arms raised in joyous victory. Yesterday, l was able, for the first time, to visit the luge victors’ stand in Muskegon State Park’s winter sports complex where that photo was taken. It broke my heart to see it empty and know that they will never be able to stand there again.
I look forward to the day when I can share their victory photo once more with the world because a step will have been taken to end this travesty once and for all. Mary will get her wish to be famous somehow.
May it be so. To God be the glory for orchestrating this difficult and long-time-in-coming strategy to end preventable underride tragedies.
Just yesterday, as Isaac and I were nearing the end of our road trip from the Atlantic coast to the Pacific coast, Isaac said, “Maybe next time we make this trip, the trucks will look different and be a whole lot safer.”
I am very grateful that we are seeing significant progress in underride protection. And the gathering of almost 100 people at the Insurance Institute for Highway Safety on August 29 has helped to continue the work of many people to make that possible.
Dawn King, president of the Truck Safety Coalition, with photos and video, describes the recent Underride Roundtable at the IIHS and why it was so important. Because a truck underride crash can happen to anyone. To AnnaLeah & Mary. To you or somebody you care about.
“When you slide under a trailer your car’s safety features aren’t activated because your front bumper doesn’t hit anything. The first part of your car to come in contact with the trailer is your windshield. And then your head.”
“Someday soon the results of lots of peoples dreams will come to fruition. And it will happen because people from all walks of life sat down and talked. Trailer manufacturers, truck companies, safety experts, devastated families, government officials.”
Just what I’ve been hoping for:
After our crash, Jerry wrote to numerous trailer manufacturing companies asking them to voluntarily step up their underride guard standards. We got some positive response and stirred up interest in companies — to whom he also wrote — who purchase trailers–enlightening them as well. One of the manufacturers, Great Dane, invited us to tour their Research & Design Center on June 25, 2014.
Of course, we weren’t the only ones frustrated with the inaction on what seems to be a drastically-needed change. When we took our 11,000+ signed petitions to DC in May 2014, we met with the Insurance Institute for Highway Safety (IIHS). At that time, they put it like this: “It is safer to run into a brick wall than into the back of a truck.” Yet, seemingly, nothing was being done about it. So we helped to organize the first and then the second Underride Roundtable.
Now something is being done about it.
We don’t have to let this continue to happen. We can do something to prevent deadly truck underride crashes. I’ve put together some ways that YOU, too, can help make trucks safer: https://annaleahmary.com/how-you-can-help/
The Second Underride Roundtable was held at the IIHS Vehicle Research Center in Ruckersville, Virginia, on August 29, 2017. Read media reports of this successful gathering of various stakeholders to work together to improve comprehensive underride protection:
How You Can Help Us Get Comprehensive Underride Protection On Trucks
I know that I can’t be the only person in this country (or the planet for that matter) who would like to see trucks made safer to drive around. So, for anyone else who would like to help get comprehensive underride protection on trucks in the U.S., here are some ideas: https://annaleahmary.com/how-you-can-help/
Andy Young, attorney and CDL-holder, narrates this video in which an Angel Wing side guard system is installed on a tractor-trailer. He explains in detail why a side guard is so important and how it can save lives.
Take a behind the scenes look at an installation of AngelWing, AirFlow Deflector’s Side Underride Protection Device. Narrated by Andy Young, follow him as he explains what is the problem and what can be done to save lives. It’s What’s Behind the Skirt that Saves Lives™.
Next episode in the WUSA 9 truck underride series by Eric Flack aired last night.
“The longer Congress waits, the more people will die. That’s the position of a leading auto safety group calling for new regulations on tractor trailers.”
A senator’s Office recently asked me to provide them with a one-page history of reports and recommendations made on the truck underride problem in the U.S. Here it is (with clickable links):
