Category Archives: Truck Safety

“Fatigue and the criminal law.”

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”

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

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

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

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 testinghttps://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

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

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 #GII56Hyatt 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

Who will pay for research & crash testing of underride guards?

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:

Be part of the solution: https://www.fortrucksafety.com/

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Imagine a truck UNDERRIDE GUARD which provides REAR & SIDE protection.

Imagine an underride guard on a truck which combines protection on the rear of the truck with protection on the side. Sound good?

Underride guard design by Aaron Kiefer 011

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.

Be a part of this important project and help to save lives. Donate now & spread the word:  https://www.fortrucksafety.com/

Printable Brochure: ALMFTS Underride Crash Tests Brochure

 

 

Our crash story–the short version:

Our crash story–the long  version:

One month left to make Public Comments on the Rear Underride Proposed Rule–last day 2/16/16

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.

Make your comments here: http://www.regulations.gov/#!documentDetail;D=NHTSA-2015-0118-0001

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