Category Archives: Truck Safety

The Future of Trucking; Who pays for the costs of safer roads?

My parents grew up in a relatively small town. After they married, they moved to a bigger city. But my dad’s brother married my mom’s sister, and then my aunt and uncle took over a dairy farm which was in the family. For years, my family drove an hour north on many Sundays of the year to have a big family meal with two sets of grandparents, aunts, uncles, and lots of cousins.

I often spent vacations there, including a few weeks in the summer when I helped with the haying, feeding the chickens, gathering eggs, playing in the hayloft, cutting the big country lawn, chasing the cows out of the cornfield, repairing the fences, and picking strawberries from the patch.

Now it is no more. For one thing, the government bought them out to put an expressway through the old farm. They moved into a new house which they built nearby next to the family sugarbush. These days, it seems odd to shop at a major grocery store where I used to pick apples, explore old family outbuildings, bale hay, and hide in the tall, waving grass.

Two of their sons–my double cousins–bought some property a few miles away and managed a dairy farm of their own. They took out some loans to build a new barn and get new milking equipment.  It got to a point where it was no longer affordable to run the small family dairy farm and make a living wage.* They sold the cows. And now they have sold the farm.  An era is over.

I thought about all of this, on a recent trip “back home”, as I reflected on the plight of small trucking companies and independent owner-operator truck drivers. Are the costs of owning a company and the pressure to drive many miles creating a situation where they won’t be able to stay in business?

Frequently, I hear that changes of one kind or another in the trucking industry–in order to improve safety (i.e., reduce crashes, injuries and deaths)–will result in increased costs for the trucking companies. I hear that it will put them out of business.

Is this true? According to whom and based on what information? If it is true, then does something need to change in the trucking industry itself in order to allow for the beneficial work, which trucking provides, to continue but to also allow for truckers to make a decent living wage–without jeopardizing their health and the safety of travelers on the roads?

Will this someday be an era that is over, or can we fix the problems for the benefit of all? Who pays for Safety? And can we figure out how to fairly and logically spread the increased costs around? The alternative seems to be unacceptable: Forget safety and let the cost be spilled blood.

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(* I might not have gotten all of the details of the family farm history exactly correct, but I hope you can see the picture that I am trying to paint.)

Cost of Electronic Logging Deviceshttp://www.vdoroadlog.com/products/electronic-logging-devices-eld/roadlog-eld/ “As you probably know, the fees for other manufacturers’ electronic log systems can add up to thousands of dollars in just a few years time, and that’s a real roadblock for many Owner Operators. RoadLog is available with no fees and no monthly contract.”

Cost of Improving Underride Guardshttp://www.bloomberg.com/news/2014-12-16/dead-girls-mom-says-100-truck-fix-may-have-saved-them.html

Cost of trucking liability insurance:  http://www.thetruckersreport.com/insurance-calculator/ and https://annaleahmary.com/2015/02/speak-up-for-increased-trucker-minimum-insurance-rally-with-us-to-be-heard-above-the-vocal-opposition/ and

https://annaleahmary.com/2015/06/uncovering-new-information-on-trucking-minimum-liability-insurance-rates/

Also, note the information quoted from this link, https://annaleahmary.com/2015/06/trucking-minimum-liability-insurance-trucker-wages-a-facebook-conversation/:

OOIDA contends that an increase in insurance would be a death nail for the small businesses that comprise over 90 percent of the trucking industry.

In response to OOIDA’s comment about “fewer than one percent,” our son Peter made this observation prior to our meeting with FMCSA on May 5, 2014,

The 1% issue is at best a red herring. Refusing to raise a limit because such a small percentage reach the limit only indicates that the increase in cost should be minimal. It can’t be both ways, either this increase should raise the cost of doing business or the effect should be minimal.

This isn’t life insurance where all the money is always paid out. Nor is this homeowner’s insurance in which you have a set amount of house that can be destroyed. This is liability insurance in which the amount paid out is based on the amount of damage being done. If such a small percentage of claims reaches the limit, then greedy lawyers, increased costs, and mythical “windfall” payments are all proven absurd or irrelevant.

Furthermore, not everyone in the trucking industry would agree with OOIDA. We noted a Public Comment on December 3, 2014, by Brian Taylor as a spokesperson for a trucking company ( http://www.regulations.gov/#!documentDetail;D=FMCSA-2014-0211-0057 ):

We are a 23 truck fleet and carry 25 million in liability insurance. We carry that much to protect not only us but our customers. The argument that only 1 % of the claims exceed the current threshold for insurance makes no sense. You carry insurance to cover you no matter what happens. 1 % exposure is too much. The fact that it seldom happens makes the coverage cheap. The actuaries price according to probability. I don’t believe that this coverage will be cost prohibitive unless the carrier has a dismal safety rating in which case they shouldn’t be in business. When carriers don’t carry enough coverage the expose responsible carriers, shippers and the general public. We need responsible carriers, pricing their services correctly to cover all costs and excepting responsibility for the liability created by their business. Skirting this liability and charging for services is deceptive to shippers and puts the public or state at financial risk in the form of a claim that is part of a service they get no remuneration for. When you provide a service, charge fees and profit you must also be responsible financially which means carrying adequate insurance.

“. . . many of the truck drivers/companies which I see making comments complain about how the premiums will skyrocket. But on what are they basing that opinion?

John Lannen, executive director of the Truck Safety Coalition, has shared background information with us which he has gathered from numerous sources, presentations, and conversations regarding the economics of additional insurance coverage for motor carriers.  It turns out that the first million dollars’ worth of  trucking insurance is the most expensive and each incremental amount is cheaper. . . . ” (For more details, go here: https://annaleahmary.com/2015/06/trucking-minimum-liability-insurance-trucker-wages-a-facebook-conversation/ )

http://www.insurancejournal.com/news/national/2014/06/13/331775.htm

http://www.thetrucker.com/News/Stories/2015/6/4/HousedefeatsamendmenttostripTHUDriderbanninghigherinsuranceminimums.aspx

The Cartwright Amendment, which would allow FMCSA to continue the process of updating trucking minimum liability insurance–to protect both trucking company and crash victims–was defeated in the House today:

Truck Safety Coalition Statement on the Cartwright Amendment:   http://trucksafety.org/tsc-statement-on-cartwright-amendment/

Thank you letter from recipient of Mary’s tissue donation

We were surprised and overwhelmed and grateful to receive a letter from the Georgia Regents Tissue Donors Services today. They were letting us know that they had received a card from one of the many recipients of Mary’s donated tissues. She was thanking us for the gift which was given to her.

This is what her letter said:

April 16, 2015

Dear Donor Family,

I just wanted to let you know how sorry I am about the loss of your loved one and how grateful I am to receive the beautiful gift of their tissue. This gift means a lot to me because it will allow me to continue the activities that I love and that make my life meaningful. I injured my knee skiing, which is one of our favorite family activities.

The tissue I received replaced my ACL so that I can ski and hike again. These activities are very important to me and my family because we once shared them with our older son who was killed in a car accident while he was attending college. He was not a donor, but the other boy killed in the same accident was a donor, and we learned about the importance of this program through his generous gifts.

We understand how difficult it is to lose a beloved member of the family and thank you again for honoring their wishes at such a difficult time. Your family member and your family are in my thoughts and my hope is that you are able to find moments of peace and comfort, especially knowing how their death has made a positive impact on others’ lives.

Your loved one will always be part of me, just as my son will always be in my heart, and for that I will always be grateful.

Sincerely,

Christine

I hope that she is able to learn that it was Mary who gave her that gift and that she will come to know Mary through our recorded memories of her.

The letter which we received today from Georgia Regents Tissue Donor Services. . .

Georgia Regents Tissue Donor Services Letter

Tissue Recipient Thank You Card for Mary

Tissue Recipient Thank You Letter for Mary

Tissue Recipient Thank You Letter for Mary 2

Previous post on Mary’s Tissue Donations: https://annaleahmary.com/2015/05/mary-gave-the-gift-of-life-even-after-her-death-through-tissue-donation/

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Trucking Minimum Liability Insurance & Trucker Wages. . .A Facebook Conversation

A Facebook Conversation on Trucking Minimum Liability Insurance AND Trucker Wages. . .

Truckers United Just got off the phone with my Congressman’s office. Have all of You made that call yet? Us Capitol switchboard; 202-202-3121
Higher liability insurance is not needed as only 1% of claims today exceed the current $750,000 minimum. Company Drivers, This affects you also!!!

  • Marianne Waldron Karth Please take the time to read what I have to say about liability insurance–after losing 2 daughters, In Memory of AnnaLeah 1995 to 2013 and Mary Lydia Karth 1999 to 2013 AnnaLeah (17) and Mary (13), in a truck crash. See More

  • Truckers United Marianne Waldron Karth, First and foremost, I am Deeply sorry for your loss! I Will take time to better understand your point of view as it is valid! At a glance I noticed that the cost of inflation is part of the reasoning behind the desired liability increase. The FMCSA has also raised certain fines due to inflationary increases. I suppose this would be fine if freight rates kept up with inflation. They have not as there are those who are paying little more today than they were in the 80’s. There are novice Drivers on the road today earning pennies more a mile than I did when I started driving in 89. I have a paycheck stub of an experienced co Driver who in 1978 earned .23.5 cpm. Accounting for inflation, that would be about .80cpm today. 50cpm is very hard to come by today. We have novice Drivers earning .25cpm today. We have mega companies paying their lease Drivers .90cpm + a meager fuel surcharge. The megas cost of operation last year averaged $1.64 a mile. These guys are self insured and they want insurance premiums to go up because it will affect them positively as it strains the rest of us. When I spoke to my Congressman’s office I tried to make them aware that our cost of doing business keep going up up up while our income has been stagnant for 25yrs or more.I think that OOIDA has suggested that a catastrophic fund could and should be set up to handle the the instances that exceed the current minimum. Mamm, I AM sympathetic to your concerns. I am also aware that we Drivers are having to work within a punitive system trying to force safe behavior instead of devising a system that pays Drivers to Be Safe. I do believe that there is an answer to be found if WE Work Together. Maybe I should have said “Higher liability insurance is not needed. We should consider creating a catastrophic fund to address the 1% of claims that exceed the current minimum”. I do appreciate your contacting me.
    • Marianne Waldron Karth Thank you for taking time to respond. I don’t think that it is an either/or situation. I am also advocating for improvement in truck driver compensation. I hope to promote sitting-down-together to discuss WIN/WIN solutions. Who profits and who pays the price for the status quo? https://annaleahmary.com/…/driver-sees-wages-synonymous…/

      What is the answer to making sure that truck…
      ANNALEAHMARY.COM
    • Marianne Waldron Karth Many “truck safety issues” are social and public health problems and they should be addressed as such so that individuals (Victims & their Loved Ones and Truck Drivers) do not pay the heavy price or bear the entire burden for resolving these issues.
      Truckers United Tilden Curl had written an article that I am vaguely familiar with as it’s been almost a year since I first touched on it. This article pertains to the megas ability to self insure and how that affects freight rates. Tilden and I spoke last Friday but I haven’t had a chance to download the article for review. Once done, I would be happy to share it with you. I only remember that Tilden’s approach made sense to me at the time. Tiden, Allen Smith and I are OOIDA members. Speaking for myself, I don’t believe that OOIDA is the enemy here. We, the membership, are pennies fighting against Dollars that will do whatever it takes to increase their profits. Yes, this is America and that is their right, but at what cost to those like you and me? I only desire that reasonable steps be taken to protect all. Thank you Marianne Waldron Karth
      *     *     *     *     *     *     *     *    *     *     *     *     *     *     *     *     *     *     *     *     *     *     *
      Apparently OOIDA says , “…protect the legislation halting FMCSA’s rush to raise insurance requirements.” – See more at: http://www.landlinemag.com/Story.aspx?StoryID=29127#.VW5Vas9Viko
      But this has not been a “rush;” it has been discussed and studied for some time now:  http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf

“Driver sees wages synonymous with trucking safety”

What is the answer to making sure that truck drivers are not driving TIRED? I tend to think that it is a multifaceted problem and needs to be addressed accordingly.

Take a moment to read what these truck drivers have to say about this life & death matter.

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Truck Drivers: Please make sure your underride (rear impact) guards are in good shape!

An underride guard–adequately designed, installed, and maintained–can mean the difference between life and death.

This JJ Keller Annual Vehicle Inspection Form does NOT list underride guards as an item for inspection. But, truck drivers, please make sure that your underride guard is in good condition!

annual vehicle inspection form

Rebekah photo of crash

Jerry and I recently went on a road trip and I could not resist photographing a few of the underride guards we saw en route!
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This single unit truck is not currently required by DOT to have an underride guard. But look at what it does have at the back: a piece of metal that is highly unlikely to prevent a car from riding under it upon impact.

We have petitioned Secretary Foxx to require this kind of truck to have a rear impact guard.
Trip North May 2015 033 Trip North May 2015 034 Trip North May 2015 035
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Watching over Mary and AnnaLeah. . .

Trip North May 2015 138 Trip North May 2015 14198 gertie 29324 gertie 2193Gertie reaching for Mary ...Susanna's film16 AnnaLeah Gertie Peter 00174b  Mary Gertie

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Mary walking fence holding AnnaLeah's hair

56b Mary and Gertie sunflowerWe Rescue Jesus Saves 004Before & After PhotosWe Rescue Jesus Saves 018

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Gertie Portraits: http://www.thekarths.com/blog/warsawinweddingphotographer/personal/gertiefeature

http://www.thekarths.com/blog/warsaw-in-family-photographer/personal/the-gertie-portraits

Committee Met To Discuss Truck Driver Training: Working Together To Make Roads Safer

Driver training committee finds consensus on behind-the-wheel time

By David Tanner, Land Line senior editor

In Washington, D.C., a committee tasked with developing recommendations for a rule on entry-level driver training for truck and bus drivers has come to a consensus on language to present to the FMCSA on or before June 15. Among them are a required number of hours behind-the-wheel and the creation of a new national registry for driver trainers.

The Entry-Level Driver Training Advisory Committee – an appointed group of 26 stakeholders in transportation, safety and education – has met for six two-day sessions this year to find consensus as part of a negotiated rulemaking. . . ”

– See more at: http://www.landlinemag.com/Story.aspx?StoryID=29143#.VW20lM9Vikp

5/29/2015

“We can and must do better than this at protecting people before profits.” Louis V. Lombardo, Care for Crash Victims

http://www.nytimes.com/2015/06/02/business/takata-says-it-will-no-longer-make-side-inflater-linked-to-airbag-defect.html?ref=business&_r=0

“As for the root cause of failures to protect the public in corporations and government regulatory agencies, consider money.

“For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows.”  1 Timothy 6:10

Whether it be relentless cost cutting demands by OEMs or the corruption of government regulatory policy the root cause is money.

Whether it be airbags exploding dangerously, or airbags not deploying when needed examination will find money at the root of corporate and governmental failures to protect.  See report of June 2014 at

http://www.careforcrashvictims.com/blog-nhtsaexec2004.php

We can and must do better than this at protecting people before profits.”

Louis V. Lombardo, Care for Crash Victims

Rebekah photo of crash

AnnaLeah & Mary… “They are where they belong.” May 18, 2013

AnnaLeah and Mary spent the first half of their lives growing up in West Michigan. They spent the second half in West Texas. Because of the many people who knew our family, we had decided to have two funerals–the first on May 18, 2013, in Midland, Texas, and the second on June 8, 2013, in Grand Rapids, Michigan.

We are immeasurably grateful for the support of countless people across the country who helped make these arrangements possible for our family and shared with us in this very difficult time of our lives.

This is from May 18, 2013:

“Where have all the flowers gone?” When will we ever learn? (A truck crash ballad)

So, you know, this spring I had a grand idea of planting a sunflower & morning glory house. Plant the sunflowers in a rectangle & then plant the morning glory seeds so that they can climb up those tall, sturdy sunflower stems. Marcus and Vanessa helped me plant the seeds.  http://articles.latimes.com/1998/jul/25/home/hm-6860

Sunflower house 003 Sunflower house 001 56b Mary and Gertie sunflower

Mary at 2 by a sunflower watching Gertie

It was going well. The sunflowers had started to grow and had reached a second level of leaves. So, I had planted the morning glories and they, too, started to sprout. Then, yesterday, I went to check on them and some creature had decided to feast upon the sunflower leaves. Almost all of them.

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A sunflower seed made it through the germination phase.

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Some creature nibbled away on this fragile seedling–
and left the morning glories to fend for themselves.

Okay, I had tried growing one of these years ago without success–due to picking a too-shady garden plot. I wasn’t really surprised or devastated that it wasn’t going how I had hoped. But, this time, the bad news came after days and days of remembering our loss of AnnaLeah and Mary. And it was AnnaLeah’s birthday. . .

Mary kids Gertie

After my discovery, I just couldn’t seem to hold it together anymore. My eyes became leaky and I had to work extra hard to distract myself. It wasn’t just a sabotaged sunflower house; it was a symbol of our greater loss–over which I had no control and which I could do nothing to prevent or fix.

(Did you have to remind me of those convoluted truck safety issues which just don’t seem to get resolved –caught up in an endless political process and too-often getting set aside for “more important” matters, as if those 4,000 deaths–on average every year–which lead to pain-without-end are meaningless?)

Fast forward to this morning early–when I could not get back to sleep–when I realized another distressing fact: now I have planted a garden of healthy morning glories (well, until they too might get eaten), whose very destiny was to climb but who will have nothing to climb upon. What have I done?

And how well I can relate (this mother of nine with two who are no more). . .

Adding to the creative work of Pete Seeger & Joe Hickerson (http://performingsongwriter.com/pete-seeger-flowers-gone/):

“Where have all the flowers gone, long time passing?
Where have all the flowers gone, long time ago?
Where have all the flowers gone?
Young girls have picked them every one.
Oh, when will they ever learn?
Oh, when will they ever learn?”

Where have all the loved ones gone, long time passing?
Where have all the loved ones gone, long time ago?
Where have all the loved ones gone?
Truck crashes took them every one.
Oh, when will we ever learn?
Oh, when will we ever learn?

Of course, writing about it does not change anything. But the words bring a measure of healing.