Category Archives: Truck Safety

History of Underride Research & Reports: 1896 to 2026

Safety Advocacy, Truck Safety,

February 2021, Compelling new video: A Timeline of Underride Safety 

March 2024, Timeline of Underride Research, Reports, & Advocacy

February 2026, Timeline of Underride Advocacy, Research, & Reports 2013 -2026

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)

1935 H.H. Robinson was granted a patent for a Guard System for Tractor Trailer Combinations.

1967 FHWA 1967 32 FR 14278

1969 DOT published a document for rear underride proposed rulemaking on the Federal Register on March 19, 1969, indicating that they “anticipated that the proposed Standard will be amended, after technical studies have been completed, to extend the requirement for underride protection to the sides of large vehicles.” https://annaleahmary.com/2016/03/side-guards-the-original-intent-of-nhtsa-rulemakers-in-the-1969-nprm-docket-no-1-11-notice-2/

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.  

1977 March Historically a Momentous Month for Truck Underride Safety Advocacy; Beware the Ides of March!

1979 September 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

1989 IIHS calls for Front Guards on Trucks to protect motorists: IIHS Status Report on Front Underride Protection August 26 1989

1992 IIHS Status Report on undercounted underride deaths: SR death count too low

1996  Volvo began manufacturing trucks with Front Underrun Protection in 1996 in Europe. This is a patent filed in 2007 for an “Underrun protector and method of providing underrun protection.”  http://www.google.sr/patents/WO2008002242A1?cl=en Other relevant information on front underrun protection can be found here: https://annaleahmary.com/tag/front-underrun-protection/

Front Underride Protection Brochure 6

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”

US7967349 Apr 7, 2009 Jun 28, 2011 C.R.F. Societa Consortile Per Azioni 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

2011 IIHS crash test study demonstrates that federal underride safety standards can fail in relatively low-speed crashes. http://www.iihs.org/iihs/sr/statusreport/article/46/2/1

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

2013 New crash test study shows how underride guards on most heavy trucks fail to prevent underride and result in serious injury or fatality.  Underride guards on big rigs can be lifesavers, but most leave passenger vehicle occupants at risk in certain crashes, IIHS Status Report, March 14, 2013

2014 NTSB underride safety recommendations: NTSB Truck Underride Safety Recommendations to NHTSA

2014 IIHS Status Report on ongoing rear underride guards research:  IIHS Underride Status Report, October 2014

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.

2015 This patent for a Trailer rear impact guard cites numerous other underride protection patents: https://www.google.com/patents/USD790407

2016 First Underride Roundtable held at IHHS, May 5, 2016

2016 Stephen Batzer and Patrick Rogers granted a patent for an Adjustable side under-ride guard for sliding axle trailer, May 31, 2016.

2016 IIHS created an Underride Timeline for presentation at the First Underride Roundtable:

2016 NHTSA issued a grant to Texas A & M Transportation Institute for computer modeling research on side underride protection. http://www.wusa9.com/news/investigations/truck-trailer-rear-guard-rules-have-huge-holes-safety-experts-say/457353893

2016 Aaron Kiefer granted TrailerGuard system underride protection patent, October 11, 2016.

2016 Stephen Batzer and Patrick Rogers granted a patent for a Telescoping side under-ride guard for sliding axle trailer, November 8, 2016.

2017 Seven Hills Engineering, Perry Ponder inventor of AngelWing side guard Underride Protection successfully crash tested at 35 MPH by IIHS on 3/30/2017 and 40 MPH on 8/29/2017. Patent Pending  http://www.7he.us and http://airflowdeflector.com/airflow-2/

2017 Advocates for Highway and Auto Safety urges DOT to put forth a federal mandate on side underride guards. http://saferoads.org/2017/05/10/advocates-statement-on-need-for-strong-truck-side-underride-guards/

2017 NBC Today Show Link/Story https://www.nbcnews.com/news/us-news/side-underride-crashes-kill-200-people-year-will-congress-act-n711721

2017 IIHS TOUGHGuard Award Announced for improved rear underride guard design by trailer manufacturers, March 1, 2017

2017 IIHS 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 :

2017 DOE has issued grants for a Super Truck project which has included side skirts for fuel efficiency but not for safety. https://annaleahmary.com/2017/02/perfect-opportunity-to-transform-supertruck-into-an-esv-to-advance-underride-protection-dot-doe/

2017 Second Underride Roundtable held at IIHS, August 29, 2017

2017 AngelWing side guard successfully tested at Roundtable at 40 mph:

2017 SAPA (Hydro Extrusions) publishes results of 40 mph crash test of a Rear Impact (Underride) Guard: Sapa 40-30 RIG Test Engineering Report Version 1.3

2017 Wabash Trailers announced a prototype side guard, September 29, 2017.

2017 The STOP Underrides Act of 2017 was introduced on December 12, 2017, as bipartisan/bicameral life-saving legislation.

2018 CRS Analysis of STOP Underrides Bill. CRS Analysis of S.2219 STOP Underrides Bill

2018 Texas A&M Side Guard Study (conducted with a grant from NHTSA): Computer Modeling and Evaluation Of Side Underride Protective Device Designs

2018 IIHS Announces 8 trailer manufacturers earned TOUGHGuard Award:

2018 The AngelWing side guard was successfully tested at 47.2 mph by its inventor, Perry Ponder of Seven Hills Engineering:

2019 The STOP Underrides Bill was reintroduced on March 5, 2019.

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 Test run of Aaron Kiefer’s SafetySkirt: Video Feb 24, 2 24 45 PM

2019 GAO Truck Underride Report

2019 D.C. Underride Crash Test Event held on March 26, 2019

2019 Vanguard Trailers granted application for strap side guard patent, June 20, 2019.

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 Fortier Side protection device for a vehicle, related kit and vehicle provided with the same, Patent No.: US 10,343, 636 B2. Canada.

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)

2020

  1. Crash Tests of Rear Underride Guard Reinforcement Attachments, 2016 & 2020
  2. Comparison Chart of Underride Provisions in Various Bills

2021 Protecting Passenger Vehicles from Side Underride with Heavy Trucks: The results can support the development of side underride protection recommended practices. Published by SAE International

2021 Patent for an Underride Guard Assembly for Trailers from Great Dane Trailers was published on October 7, 2021.

2022 Fact Sheet on FMCSA Side Guard (LPD) Report was submitted to the US DOT on January 12, 2022. @SecretaryPete, Will you fix flawed underride analysis or let deaths continue?

2022 SIDE UNDERRIDE GUARD ASSEMBLY FOR A TRAILER, Fontaine Commercial Trailer, Inc. patent for a side underride guard on flatbed trailers.

2023 Utility Trailer Manufacturing, side guard patent, July 4, 2023

2023 Great Dane Trailers, side guard patent, August 29, 2023

2024 Stoughton Trailers (STI Holdings, Inc.), side guard patent, Nov. 19, 2024

2025 Stoughton Trailers received TOUGHGUARD Award for RIG on intermodal chassis – Insurance group approves first container chassis crash guard

2026 Stoughton Trailers announces TOUGHGUARD Award for successfully crash testing their RIG at 40 mph on December 22, 2025, by Calspan in Buffalo. Stoughton Successfully Completes 40 MPH Rear Impact Guard Crash Test

Examples of some of the thousands of underride crashes can be found at these two places online (neither of them being the least bit exhaustive compilations):

Exposing the Truth about the Truck Underride Conspiracy of Silence

Safety Advocacy, Truck Safety, , , ,

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.

History of Underride Research & Reports: 1896 to 2017

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.

How you can help:

https://annaleahmary.com/how-you-can-help/

In underride, first point of contact with the truck is your windshield, then your head.

Truck Safety, , , , , , ,
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.
 
As Dawn explained,
“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.
 
Afterwards, I posted this: Underride Guards: Can we “sit down at the table together” and work this out? with this video: “Underride Guards: Now What?” to summarize what I saw as the frustrating lack of progress on improving underride guards and the seeming lack of communication among the various responsible parties with the authority to do something about it.
 
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/
 
See more video and media coverage here: Media Coverage of the Second Underride Roundtable

Media Coverage of the Second Underride Roundtable

Truck Safety, , , ,

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:

  1. Insurance Institute Conducts Successful Test of Side Underguard Protection http://www.ttnews.com/articles/insurance-institute-conducts-sucessful-test-side-underguard-protection 
  2.  Side guard on semitrailer prevents underride in 40 mph test http://www.iihs.org/iihs/news/desktopnews/side-guard-on-semitrailer-prevents-underride-in-40-mph-test
  3. Advocates for Truck Safety Hold Underride Roundtable and Crash Test at IIHS http://www.nbc29.com/story/36245364/advocates-for-truck-safety-hold-underride-roundtable-and-crash-test-at-iihs
  4. Grieving parents break down after crash test shows life-saving technology http://www.wusa9.com/news/investigations/underrides/grieving-parents-break-down-after-crash-test-shows-technology-that-could-have-saved-their-kids/469019354
  5. “Hall of Crashes” may hold the key to safer cars and roads  http://www.wusa9.com/news/investigations/underrides/hall-of-crashes-may-hold-the-key-to-safer-cars-and-roads/466377388
  6. Once again, Eric Flack and WUSA 9 continued an in-depth investigation of the truck underride problem & solution with insight, energy, & intent. Facebook Live at the Roundtable Crash Test:  https://www.facebook.com/marianne.karth/posts/10214194153315951

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/

 

Heading for the Second Underride Roundtable Now: Good Things Sure To Happen As A Result!

Truck Safety

Heading to IIHS in Ruckersville, Virginia, for the Second Underride Roundatable We will be working together to save lives. For sure!

See a side guard installed on a truck: “It’s What’s Behind the Skirt that Saves Lives™”

Truck Safety, , ,

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™.

Thanks, Andy!

Together we are making the roads safer!

“The longer Congress waits, the more people will die.” Next segment in @WUSA9 underride series.

Truck Safety, ,

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.”

History of Truck Underride Recommendations in the U.S.

Truck Safety, , , , , ,

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):

Truck Underride Reports & Recommendations in the U.S.

Mary would have turned 18 today; but underride protection isn’t “cost-effective.”

Truck Safety, , ,

Controversy surrounds the cost/benefit analysis undergone to determine whether a safety solution — proven to save lives — is cost effective. In other words, does the total cost to the industry required to implement the solution

divided by

the supposed number of lives saved (and by some formula the number of injuries prevented)

equal a $ figure

less than or equal to the Value of a Statistical Life (VSL) at that point in time [currently $9.6 million]?

If the cost is greater than that VSL, the safety countermeasure is deemed too costly and the rulemaking is ditched. In the case of underride protection, no mandate is thereafter issued to the industry requiring them to install equipment which could save lives.

Here is an example. Single Unit Trucks (SUTs) are not currently required to have rear underride guards which meet the same standard as for tractor-trailers. We petitioned NHTSA in May 2014 to require them. In response, NHTSA issued an Advanced Notice of Proposed Rulemaking (ANPRM) in July 2015. Their preliminary regulatory cost benefit analysis came to this conclusion (p. 26):

Guidance from the U.S. Department of Transportation identifies $9.1 million as the value of a statistical life (VSL) to be used for Department of Transportation analyses assessing the benefits of preventing fatalities for the base year of 2012. Per this guidance, VSL in 2014 is $9.2 million.
While not directly comparable, the preliminary estimates for rear impact guards on SUTs
(minimum of $106.7 million per equivalent lives saved) is a strong indicator that these systems will not be cost effective (current VSL $9.2 million).

Yet, here is an April 2017 fatality in Florida from an underride crash involving a Single Unit Truck: Crash kills 2 on I-75 in Bonita Springs

Apparently these lives were not worth saving.

Fairly soon after our crash, after a year or so of taking part in truck safety advocacy efforts, I became aware of the stranglehold which the cost/benefit analysis had on the likelihood of being able to get proven safety solutions actually required. That’s when I launched our Vision Zero Petition which got 20,000+ signatures. That’s when I also found that President Clinton’s Executive Order 12866 was what spelled out the specifications for that regulatory analysis for which the Office of Management & Budget had become the gatekeeper for safety regulations.

Many people made comments on the ANPRM for underride guards on Single Unit Trucks, as well as the NPRM for improved rear underride guards on tractor-trailers to the point that costs were overstated and benefits (saved lives) were understated. In fact, Lois Durso and I recently shared with many people on The Hill, as well as DOT, the proof that our two underride crashes were not even accurately listed as underride crashes with PCI (Passenger Compartment Intrusion) in the NHTSA FARS reports of truck crash fatalities. How many other underride deaths might also be inaccurately reported?

We are convinced that underride deaths are grossly undercounted. In fact, we would go so far as to say that every one of the 4,000 (on average) truck crash deaths each year should be considered an underride death unless otherwise proven (compared to the 200 to 600 annual deaths currently attributed to underride). After all, when a passenger vehicle collides with a large truck, it will be with some portion of that truck. If that part of the truck does not have any/adequate underride protection, then some degree of underride is, of course, likely to occur — which means that the truck is likely to intrude into the passenger occupant space. PCI then occurs with death and/or catastrophic injuries.

It is not necessarily the truck crash per se that causes the horrific deaths and injuries but rather the underride of the truck into the passenger occupant space. But this is not the current thinking in FARS data collection and regulatory analysis.

But even if we found a better way to report these deaths and every single one was included in the count, could someone find a loophole in the formula and still declare that comprehensive underride protection was not cost-effective and these lives were not worth saving?

When we were in DC a few weeks ago and met with DOT, I had a glimmer of hope because we were told that there had been recent discussions of the fact that the achievement of Zero Deaths in the airline industry was in stark contrast to the 35,000 annual deaths on the roadways. There was apparently realization that something had to be changed in how DOT is addressing this major public health problem — including the consideration of studying “near misses.” After all, DOT has publicly stated that their strategic plan is to move Toward Zero Deaths. I say, Let’s hold them to it!

Might we see a shift away from cost/benefit analysis that devalues human life to a cost-effectiveness approach that considers what is the most effective way (with the least cost) to save every life possible? What would it take to bring that about? Would President Trump be willing to sign an Executive Order authorizing Vision Zero Rulemaking?

If our truck crash had been less complicated — if I had rear-ended the tractor-trailer ahead of us instead of another truck hitting us and causing us to go backward into the tractor-trailer ahead of us — I would not be a truck crash survivor. I would have experienced Death by Underride and, quite likely — being in the back seat — AnnaLeah and Mary would have survived.

Mary would have lived to celebrate her 18th birthday today. She would have become an adult. She would have had the chance to live out her dreams and hopes. She would have continued to fill the world with her joie de vivre.

That is why I am unwilling to compromise and why I will continue to insist on underride protection that is comprehensive and effective to the fullest extent technologically possible in concert with the crashworthiness of cars. If that had been so on May 4, 2013, then AnnaLeah and I, along with our whole family, would have been able to wish Mary a very happy 18th birthday.

 

What If the Insurance Industry Gave Trucking Companies a Discount for Safety Equipment?

Truck Safety, , , ,

I have asked the question before: Who should pay for truck safety? This question is burning within me because I know all too well the answer to another question: Who pays for the lack of truck safety?

When I checked to see what posts I have written on the topic, I discovered that I have written quite a few. Is that so surprising when I observe that, year after year, not too much changes along that line?

Like I said, I have already written volumes on this topic. What more is there to say? Well, plenty. . . and specifically I have written about this question related to the deadly problem of preventable truck underride. In fact, I made a laundry list of ways that installing comprehensive underride protection could actually be considered a Win/Win situation — if we make an effort to creatively address it to the benefit of all:

Should the trucking industry be concerned about underride legislation?

One thing I didn’t include on that list, however, is the idea of the insurance industry providing a discount to trucking companies on their liability insurance for the installation of safety equipment — like side guards, front underride/override protection, and improved rear underride guards.

Well, why not? I’m serious; I don’t really think that’s just an absurd hypothetical question. And I think it deserves a serious answer.