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.”
“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
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
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.
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.
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:
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/
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.
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.
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.
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!
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 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.
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:
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/charlottesvilleBlock 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
When I google the words “money” and “funding” and “underride guards” and “crash tests,” I mostly come up with links to things which I have written. Try it. If you find someone willing to hand out money for these things, please let me know right away!
Meanwhile, I will keep asking anyone and everyone to help us out:
Imagine an underride guard on a truck which combines protection on the rear of the truck with protection on the side. Sound good?
We have an opportunity to raise money to crash test this innovative underride guard–designed by Aaron Kiefer, a forensic engineer/crash reconstructionist in North Carolina, who after seeing horrific crashes wanted to design better protection to prevent people from dying.
See Aaron’s Public Comment on single unit truck underride rulemaking: http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0070-0013 “. . . side impact regulations should be considered for straight trucks but more importantly for semitrailers.
Many lives can be saved through side impact protection that is capable of redirecting passenger vehicles, pedestrians, and bicyclists from moving beneath a straight truck or semitrailer.”
We need to raise $20,000 for a crash test to test Aaron’s design at the Insurance Institute for Highway Safety (IIHS) Vehicle Research Center. So far, we have raised $4,500 to cover the costs of a 2010 Chevy Malibu and a tractor-trailer into which the car will crash.
For those planning on making a Public Comment on the proposed rule for rear underride protection on tractor-trailers, please make plans to do so before the deadline of February 16, 2016.