Category Archives: Truck Safety

Why on earth don’t we establish National Traffic Safety Standards & require them to be adopted by States?

AnnaLeah and Mary, Safety Advocacy, Truck Safety, , , , ,

Thanks to the wonders of modern technology, I was able to watch a live-stream press conference yesterday from the comfort of my home. As a result, I was enlightened about the STATE OF SAFETY in our country. We are acting like the individually-united states are just that–individual. Acting like they need to have control over decisions about what SAFETY measures should be required in their individual states.

In disregard of the abundantly-available wonders of modern safety technology, what we are really doing is increasing the likelihood that INDIVIDUALS in their states will experience DEATH BY MOTOR VEHICLE!

Advocates for Highway & Auto Safety held a press conference yesterday at which they released their 13th annual Roadmap of State Highway Safety Laws–outlining the 319 proven safety laws which many states have not adopted, including such things as seat belt usage, motorcycle helmet laws, impaired driving, child passenger safety, teen graduated licensing laws, and distracted driving.

I was alerted to the upcoming event by Lou Lombardo of Care for Crash Victims. He sent out this notice:

Report to be released tomorrow from Advocates for Highway and Auto Safety titled “Missing”.

Missing refers to State Safety Laws missing in each State.

Buried in the State summaries are statistics on the number of people who died of crash injuries in each State for the past 10 years. Add them up and we find that 362,532 Americans are “missing” i.e., lost their lives due to vehicle violence over the 10 year period.

Using NHTSA figures of estimated injuries nearly 1.5 million additional people suffered serious injuries in America over the 10 year period. These people are also “missing” – i.e., not counted.

Using DOT values of $9 million in comprehensive costs per fatality, America “missing” losses would be valued by DOT to be about $3 trillion.

http://saferoads.org/roadmaps/

Why would we think that proven safety measures should be left up to the individual states to determine whether or not to require their use? Is this a matter of personal freedom? Do we think that we are trampling on citizens’ individual rights? Do we think that we need to give them CHOICE in this matter?

Do we need to let individuals become informed and make their own decisions on what would or would not be a good idea for them? Would their choice impact only them and them alone? Is that really what we think and how we choose to govern our country?

Is it the duty of the federal government to protect its citizens from crash deaths & serious injuries? I happen to think so: https://annaleahmary.com/2016/01/is-it-the-duty-of-the-federal-government-to-protect-its-citizens-from-crash-deaths-serious-injuries/.

And if that is, in fact, the case, then why not establish national safety standards and require them to be adopted by states? I know, from the aftermath of our crash, that there are already certain federal highway safety standards which states are required to adopt as is.

For an example of this, see FMCSA’s COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING INTERSTATE MOTOR CARRIER OPERATIONS  https://www.fmcsa.dot.gov/regulations/title49/part/355.

Why not do the same for all of those 319 proven SAFETY LAWS alluded to by Advocates for Highway & Auto Safety? Mandate that all states adopt them as well. Why have each state struggle to re-invent the wheel and wade through all of the research (or try to do the research themselves) when we could gather all of the resources needed to design SAFETY Laws at the national level?

See how we are doing that kind of collaborative effort to obtain the best possible truck underride protection:

To not do so is to cause untold delays in bringing about SAFER travel on our roads. In my estimation, to continue to travel down this road of Individual State Safety Laws, is to knowingly sentence to DEATH BY MOTOR VEHICLE countless members of our families and communities today and in all the days to come.  That is plain and simple criminal negligence.

Reckless Driving & Criminal Injustice: One More Grief For Victims to Bear

And, on top of what I have already said, I would like to add that once safety measures are mandated, then I think that there should be criminal penalties for not adhering to those laws. There should be fines for violation of traffic safety laws. And, if breaking those laws leads to death or serious injury, then the lawbreaker should be held accountable, charged with RECKLESS criminal action, and receive appropriate consequences.

I am no legal expert and cannot begin to delineate exactly how it should be  handled. But when I looked up the word reckless, I found reference to the term reckless endangerment , which has been described like this:

In Tennessee, a person may be convicted of the crime of Reckless Endangerment if the state prosecutor proves beyond a reasonable doubt that the person:

  1. Recklessly engaged in conduct;
  2. That placed or may have placed a person;
  3. In imminent danger of death;
  4. Or serious bodily injury.

The term reckless, as it is used here, means that a person was aware of, but consciously disregarded, a substantial and unjustifiable risk that his conduct would place another person in imminent danger of death or serious bodily injury. 

http://www.tndui.com/criminal-defense/knoxville-felony-offense-lawyer/knoxville-reckless-endangerment-lawyer/

Just yesterday, I saw an example of car owners choosing to not use a safety measure–lane departure warning devices, which apparently can be quite annoying (a glitch which could quite probably be remedied). If use of this safety technology becomes mandated, then those who choose to disregard the law should be charged with any resulting DEATH BY MOTOR VEHICLE.

And, while we are at it, let’s inform and train our citizens from an early age that a vehicle is not a toy and that their driving behavior impacts those around them big time:  https://www.facebook.com/EndDistractedDrving/photos/a.316429631751037.73716.141583792568956/994168863977107/?type=3&fref=nf. We should take a clue from a Jimmy Stewart-narrated 1954 driver safety film:

This, of course, brings up the need to have automakers provide safety devices as standard not optional equipment–at an affordable price for all. And for older vehicles, offer discounts for retrofitting them where possible:

Why am I being so vocal about this issue? Because I do not want thousands upon thousands of family members to receive death certificates in the mail for loved ones whose deaths could have been prevented by this country acting in a timely and morally responsible manner.

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This issue of mandating national traffic safety standards to be adopted by states adds one more practical application to my recommendations for a National Vision Zero Goal and Vision Zero Executive Order.

Check out the details of our Vision Zero Petitions here: https://annaleahmary.com/2016/01/adopt-a-national-vision-zero-goal-save-lives-not-dollars/

Maybe I need to get going and launch a new petition calling for federal safety laws to be adopted by all states–including proven means for moving Towards Zero Crash Deaths & Serious Injuries and in a timely manner.  https://www.fmcsa.dot.gov/regulations/title49/section/350.107 & http://www.statesman.com/news/news/local/after-deadly-traffic-year-austin-to-join-national-/nqCgq/

To do so would be honoring the memory of not only our daughters, AnnaLeah (forever 17) and Mary (13) who died due to a potentially-preventable truck underride crash, but also my ancestor, Resolved Waldron, who came to New Amsterdam in 1654, established a home on Broadway near Wall Street http://tinyurl.com/hlpu2mx, and “His conscientious exactness in performing his duties [as deputy sheriff] made him a favorite with Governor Stuyvesant.”  http://www.eroots.net/docs/Waldron%20public.pdf May we always be a nation diligent to protect our citizens.

Is it the duty of the federal government to protect its citizens from crash deaths & serious injuries?

Safety Advocacy, Truck Safety,

Advocates for Highway & Auto Safety held a press conference today which I watched live-stream. They released their 13th Roadmap of State Highway Safety Laws–outlining the 319 proven safety laws which many states have not adopted, including such things as seat belt usage, motorcycle helmet laws, impaired driving, child passenger safety, teen graduated licensing laws, and distracted driving.

http://saferoads.org/roadmaps/

I submitted several questions online, and they replied to this one: “What is causing resistance to these laws being adopted?”

The reply: lobby groups, laws getting stalled in committee. Joan Claybrook encouraged the public to get involved because it can make a difference.

I also asked the question: “How might a National Vision Zero Goal overcome the problem of looking at safety measures in terms of states rights? Establish national safety standards and require them to be adopted by states.”

The reply was a simple: Setting goals is not enough.

No, setting goals is not enough. Which is why, in my efforts to push for Vision Zero, I have clearly laid out specific means of practical implementation. And it is why I have called for President Obama to set a Vision Zero Goal and follow it up with a very detailed Vision Zero Executive Order which will give DOT the authority to implement a Vision Zero rulemaking policy. Purpose: to move things along faster and with more teeth to save the most lives possible.

Check out the details of our Vision Zero Petitions here:  https://annaleahmary.com/2016/01/adopt-a-national-vision-zero-goal-save-lives-not-dollars/

But I don’t think that all of my question was really addressed. Isn’t it a role of the federal government to protect its citizens? Is the federal government protecting its citizens from Death by Motor Vehicle?

Would it not make sense for these proven laws to be made Federal Law and that adoption of them by every state in the nation be mandated? Is not anything less abdicating from the responsibility to protect its citizens?

As far as I am concerned, it is not violating individual rights to mandate safety measures which are proven to protect individual citizens by saving their lives. What is stopping us from doing so?

Why should states waste time (Read that as LOSE MORE LIVES) re-inventing the wheel and crawling through the red tape and battling the lobbyists who only care about their pocketbook?

NHTSA Administrator Mark Rosekind made the point today that the number of crash deaths in our country have gone up at least 8.1% (maybe more) in 2015 from the 32,675 people who lost their lives on the roads in 2014. And we don’t want to rise up and say, “Enough is enough!”?

Example of state laws being compatible with federal regulations:  COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING INTERSTATE MOTOR CARRIER OPERATIONS,

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Petition screenshot 001

 

 

“Eight emerging technologies to watch”

Truck Safety

“A recent report by Volpe, the DOT’s the National Transportation Systems Center, identifies emerging technologies that may have significant impacts on U.S. and global transportation systems within three to five years. And most of these will find their way into—or become a replacement for—trucks and trucking.”

by in Running Lights  Jan 28, 2016

http://fleetowner.com/blog/eight-emerging-technologies-watch

Front underride 002

“Fatigue and the criminal law.”

Safety Advocacy, Truck Safety, , , , ,

Should Driving While Fatigued be considered RECKLESS or NEGLIGENT when a person is driving an 80,000 lbs. death machine? Not a new question. Deserves an answer.

“Fatigue is an increasingly recognised risk factor for transportation accidents. In light of this, there is the question of whether driving whilst fatigued should be a criminal offence. This paper discusses the current legal position, including the problems of voluntary conduct and self awareness. Three models for reform are proposed. The manner in which scientific research can inform legal consideration and future directions for research are discussed.”

Ind Health. 2005 Jan;43(1):63-70.

http://www.ncbi.nlm.nih.gov/pubmed/15732306

Other related studies:

  1. “Fell asleep and caused a fatal head-on crash? A case study of multidisciplinary in-depth analysis vs. the court. http://www.ncbi.nlm.nih.gov/pubmed/19214881
  2. “Convicted of fatigued driving: who, why and how? ”  http://www.ncbi.nlm.nih.gov/pubmed/19540978
  3. “[Tiredness and sleepiness in bus drivers and road accidents in Peru: a quantitative study].”  http://www.ncbi.nlm.nih.gov/pubmed/15333261
  4. “Modern medicine is neglecting road traffic crashes. ” http://www.ncbi.nlm.nih.gov/pubmed/23776413
  5. “Acute cannabis consumption and motor vehicle collision risk: systematic review of observational studies and meta-analysis.”  http://www.ncbi.nlm.nih.gov/pubmed/22323502
  6. “Psychomotor vigilance testing of professional drivers in the occupational health clinic: a potential objective screen for daytime sleepiness.”  http://www.ncbi.nlm.nih.gov/pubmed/21826029
  7. “Visual vigilance in drivers with obstructive sleep apnea.”  http://www.ncbi.nlm.nih.gov/pubmed/19616141

If a truck driver is prone to drive drowsy, what is the logical strategy to make him/her a safer driver? Forbid driving commercially? Require technology to alert to sleepiness? Convict of a reckless criminal offense if not used and a crash results leading to death or serious injury?

What Hours of Service (HOS) rules would make the most sense?

And ENFORCEMENT is oh so very important. In our crash, the Crash Report said, “No Medical Card found.” Yet, was any further mention made of this or investigation done into this? Not that I am aware of.

Driving While Fatigued = DWF = A Public Health Problem

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“Despite Plenty of Anti-Sleep Gadgets, Truckers Still Fall Asleep at the Wheel”

Safety Advocacy, Truck Safety, , ,

A long article from the perspective of some truck drivers on the fatigue that tends to occur when driving for a living. . . http://motherboard.vice.com/read/despite-plenty-of-anti-sleep-gadgets-truckers-still-fall-asleep-at-the-wheel .

Imagine being the one who fell asleep at the wheel and killed someone as a result. Drowsy driving is too often ignored until it’s too late.  Let’s do a better job of solving this problem, America.

DWF = Driving While Fatigued

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Investigative Report: NHTSA aims to strengthen safety devices that have failed in deadly crashes

AnnaLeah and Mary, Truck Safety, ,

WSMV Channel 4

Jeremy Finley, Investigative Reporter from Nashville, Tennessee, sheds light on the problem with NHTSA’s proposed rule for underride guards on tractor-trailers. He discusses our crash.

Posted: Jan 21, 2016 6:32 PM EST

Read about it here:

http://www.wsmv.com/story/31026756/nthsa-aims-to-strengthen-safety-devices-that-have-failed-in-deadly-crashes

IMG_4465

With amazing technology advances, why are we slow as a snail to solve traffic safety problems?

AnnaLeah and Mary, Safety Advocacy, Truck Safety, , , , , ,

Could someone please explain to me why it is that we can invent amazing technology to allow “face time” — among countless other inventions which are unfolding at an unbelievable pace — but we are slow as a snail to solve safety problems.

Why are we not devoting top priority resources (time, money, and the creativity of the human mind — enhanced by the availability of information and technology) to reducing the 33,000 on average annual traffic crash fatalities in the U.S. and 1.24 million crash deaths on the world’s roads in 2010?  http://www.who.int/gho/road_safety/mortality/en/

And why is it that getting safety measures passed — whether it be at the legislative level (in getting laws passed) or the administrative level (in getting regulations issued) is a continual battle?

Let me tell you what I think might be some of the reasons:

  1. The prevailing attitude is that most crash fatalities are inevitable rather than preventable. Not true. In fact, there were many factors in our crash which could have turned out differently were more attention given to safety matters.  https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/  & http://www.care2.com/causes/one-familys-quest-to-improve-truck-safety.html
  2. The concept of “second collision” is poorly understood. The fact is that the first collision (the actual crash) is not necessarily what causes death in every case. https://annaleahmary.com/2015/07/the-second-collision-does-not-have-to-be-so-prevalent-we-can-do-better-at-preventing-death-horrific-injuries/ &  https://annaleahmary.com/2015/09/vision-zero-avoiding-collisions-and-second-collisions/
  3. The industry lobby opposing safety measures has a deep pocket. Need I say more? Well, I will. In less than 3 years since our crash, I have spent countless hours as a volunteer safety advocate (motivated by my daughters’ needless deaths) sending emails and making phone calls and meeting in person with legislators to inform them and attempt to persuade them to support safety measures. All too often, I am back at it again in another six months or so to fight the same battle all over again. https://dawnkinster.wordpress.com/2013/10/02/reflections-on-truck-safety/ & https://dawnkinster.wordpress.com/2014/04/05/for-annaleah-and-mary/
  4. The rulemaking process is cumbersome (though I am all for making sure that safety measures are indeed safe) and unnecessarily weighed down by the constraints of the cost/benefit analysis restrictions which inevitably lead to watered-down rules which are weak and ineffective. And enforcement has too often been ineffective:  https://annaleahmary.com/2015/07/lets-move-from-a-failure-of-compassion-tactics-of-conceal-%c2%ad%e2%80%90delay-%c2%ad%e2%80%90deny-while-fiery-crashes-occur-to-a-vision-of-zero-fatalities/
  5. Industry is more often than not reluctant to move ahead with safety measures voluntarily — either because they don’t want to have to re-do it when government regulations finally come out or because cost is a factor (enough said). This, of course, does not mean that all companies do nothing on their own to improve safety.
  6. Usually, a fragmented approach to solving the problem is taken when we could get more done faster if we worked together. https://annaleahmary.com/2015/09/face-it-fragmented-approaches-to-transportation-safety-dont-work-public-health-needs-to-be-included/
  7. Accountability, responsibility, and liability are dirty words. Taboo.  https://annaleahmary.com/2015/09/opponents-of-white-collar-criminal-prosecutions-argue-that-corporate-managers-should-not-be-charged-criminally-for-regulatory-violations/ And human life is measured in terms of dollars and all-too-often not considered worth the cost necessary to protect.  https://annaleahmary.com/tag/value-of-life/
  8. There is not a long line of people eager to help pay for safety research and crash testing: https://annaleahmary.com/2016/01/who-will-pay-for-research-crash-testing-of-underride-guards/

What is the result of all this? People are dying when they could be still living.  https://www.youtube.com/watch?v=6LGcWc4m9VA

Too many lives are sacrificed. And for what? “So, what cost-benefit analyses really means, is that when no action is taken to improve the design of heavy vehicles, people’s lives are being traded for reduced transport costs.” George Rechnitzer,  https://annaleahmary.com/2015/06/crocodile-tears-costbenefit-analysis-vision-zero-goal-of-no-crash-fatalities/

Now, back to my original question, why is it that we can invent amazing technology to allow “face time” — among countless other inventions which are unfolding at an unbelievable pace — but we are slow as a snail to solve safety problems?

My grandpa was a rural mailman and used a sleigh and horses to deliver mail in the snow. My dad grew up with a wood-burning stove and an icebox for refrigeration. I grew up with the introduction of color television, seat belts, and not until I started raising children did I use things like VCRs or modem dial-up internet access. I went to Europe for a summer in college and had no cell phone to keep in contact with my parents back in the U.S.

Aren’t you glad that we have indoor plumbing? https://annaleahmary.com/2015/06/the-future-of-trucking-who-pays-for-the-costs-of-safer-roads/

How far we have come technologically and how rapidly advances occur. Yet, it takes a Jayne Mansfield (http://mentalfloss.com/article/28155/how-jayne-mansfield-changed-design-tractor-trailers & http://www.thecarconnection.com/news/1082934_iihs-todays-mansfield-bars-dont-work-so-well-video) or a Dale Earnhardt to die (http://espn.go.com/rpm/nascar/cup/columns/story?columnist=hinton_ed&id=6116145 & http://sports.usatoday.com/2015/04/30/dean-sicking-safer-barriers-nascar-indycar/) or a Tracy Morgan to get severely injured for us to wake up and decide to do something about safety.  http://www.bloomberg.com/news/articles/2015-08-11/ntsb-says-wal-mart-driver-awake-for-28-hours-before-morgan-crash

https://annaleahmary.com/2015/03/too-often-too-little-too-late-a-conspiracy-of-silence/

Don’t get me wrong, I am thankful for the safety advances made after those famous crashes. But I am appalled that we can’t seem to get it until such tragedies cause us to sit up and take notice. Meanwhile, countless unnoticed-by-the-public tragedies happen daily on roads across the globe. Year after year.

Good grief! Even my grandkids, who have not yet lived a decade, get that something could have been done to prevent their Aunt Mary (13) and Aunt AnnaLeah (17) from dying.  https://annaleahmary.com/2015/11/our-grandma-wants-to-make-the-roads-safer-remembering-2-girls-in-the-aftermath-of-a-truck-crash/

That is why I am devoting myself to raising awareness and calling for change. Come on people, let’s set a National Vision Zero Goal and use our vast resources and brilliant minds to slay this giant. Let’s not keep on putting our heads in the sand, putting bandaids on the problems, and losing these battles at the price of our loved ones. We can do it!

My family and I are making plans to head back to Washington, DC, very soon to take our Vision Zero petitions. We will be meeting with DOT officials to discuss these matters and hopefully lay the foundation for Obama to write a Vision Zero Executive Order.  https://annaleahmary.com/wordpress/wp-content/uploads/2016/01/Vision-Zero-Executive-Order-Petition-Letter-to-President-Obama1.pdf &  https://annaleahmary.com/wordpress/wp-content/uploads/2016/01/Executive-Order-Draft-Application-of-Vision-Zero-Principles-to-Highway-Safety-Regulatory-Review.pdf

Stand up with us and make this happen. Sign & share our 2 Vision Zero petitions:

  1. Petition on ThePetitionSite calling for Secretary Foxx to adopt a DOT Vision Zero rulemaking policy — http://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/
  2. Petition on Change.org calling for Obama to sign a Vision Zero Executive Order–  https://www.change.org/p/obama-adopt-a-vision-zero-goal-and-sign-an-executive-order-to-save-lives-not-dollars 

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Secretary Anthony Foxx & Marianne Karth discuss truck safety, September 12, 2013

p.s. By the way, the inventor of the NASCAR SAFER Barrier which is now saving lives, thinks that he can invent a much safer truck underride protection system. We just need the money to prove it: https://www.fortrucksafety.com/

NHTSA proposes a change in rule for Motor Carrier Safety Fitness Determination

Safety Advocacy, Truck Safety,

NHTSA has proposed a change in how they determine whether a Motor Carrier is “fit” to be on the road. Instead of ratings of “satisfactory,” “conditional” and “unsatisfactory”, they are proposing to grade a carrier as either “fit” or “not fit.”

As someone who has experienced untold loss due to a truck crash, this sounds like a promising move to me.

Article: “Transportation Secretary Anthony Foxx said the changes will improve the ability of federal regulators to identify bad actors that are endangering drivers and passengers on U.S. roadways. ”  http://thehill.com/policy/transportation/266094-feds-move-to-overhaul-truck-bus-safety-determinations?utm_source=twitterfeed&utm_medium=twitter&utm_campaign=transportation

Safety Fitness Determination – Notice of Proposed Rulemaking:  https://www.fmcsa.dot.gov/safety/safety-fitness-determination-notice-proposed-rulemaking

Notice of Proposed Rulemaking pdf:  https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/SFD_NPRM_01-14-16.pdf

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Underride Roundtable Registration Now Open: May 5, 2016 at IIHS Vehicle Research Center

Safety Advocacy, Truck Safety, ,

Registration is now open for the Truck Underride Roundtable at the IIHS Vehicle Research Center on May 5, 2016.

Here is the Save the Date Flyer: Save the Date Underride Roundtable

Please join us on Thursday, May 5, 2016, as researchers, government officials, and industry leaders gather to discuss truck underride crashes and how to reduce the risks for passenger vehicle occupants, bicyclists, and pedestrians. We will explore the scope of the problem and how regulation and voluntary action can help address it. You will also see a demonstration of underride guard performance in a crash test.

Hotel group rates are available:

  • at the Hyatt Place in Charlottesville, VA, http://charlottesville.place.hyatt.com/en/hotel/home.html,                                        Group Code #GII56, Hyatt Place
    2100 Bond Street
    Charlottesville, VA 22901
    IIHS room rate: $109
    Reservation cut-off date: Wednesday, April 20, 2016
  • at the Omni in Charlottesville, VA, http://www.omnihotels.com/hotels/charlottesville Block Code #112-001-089-76, Omni
    212 Ridge McIntire Rd
    Charlottesville, VA 22903
    IIHS room rate: $199
    Reservation cut-off date: Sunday, March 20, 2016

Manac vs competitor crash test photos 001