An Accident or a Preventable Crash?

A crash is not always an “accident.” Here is someone with whom I can agree. Susan Baker, Johns Hopkins’ Injury Prevention Expert, says:

I learned I don’t like the word “accident.” [Former head of the Insurance Institute for Highway Safety] Bill Haddon, a mentor who was a huge influence in my professional life, was the first person to make a big deal over use of the word “accident.” It suggests something not preventable when perhaps it is something that can be explained and prevented.

 Usually, when an injury occurs, responsibility can lie with a designer, planner, inventor, lawmaker … someone whose decision caused something to happen one way or another. I looked at the chain of events that led to the injury and how you could interrupt that chain. I looked for the weakest link and saw what you could do about that.

http://hub.jhu.edu/gazette/2014/november-december/what-ive-learned-susan-baker

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A Mother’s Letter In Response To Senator Collins’ Deadly And Dangerous Provision To Increase Working Hours For Truck Drivers

Here is a letter written by another mother who lost her son due to a truck crash. She does not pull any punches when asking her senator why she only responds to the needs of the trucking industry and not the families of victims.

http://trucksafety.org/read-daphne-izers-letter-in-response-to-senator-collins-deadly-and-dangerous-provision-to-increase-working-hours-fortruck-drivers/

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URGENT: Express Your Opposition to Longer Hours for Truck Drivers

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THE FOLLOWING MESSAGE IS FROM THE Truck Safety Coalition (December 4, 2014). . .

Right now, Appropriations Committee Leaders are deliberating over whether to include a provision to increase truck driver weekly work hours from 70 to 82 hours, and reduce their rest time, each week. This provision was originally introduced by Senator Susan Collins (R-ME) as an amendment. We sent out an action alert this morning asking you to reach out to Appropriations Committee Leaders to express your opposition to longer hours and less rest for truck drivers. Please call all if you can, but if you are limited on time, please reach out to as many as possible. I have attached their contact information at the end of this email. Each call should only take a few minutes and I have included talking points below:

Talking Points:

  1. According to the U.S. DOT, in 2012, each day, on average, 11 people died in truck crashes and 200 more were injured.
  2. Truck driver fatigue has been recognized as a major safety concern and a contributing factor to fatal truck crashes for over 70 years.
  3. FMCSA studies have shown that 65 percent of truck drivers report that they often or sometimes feel drowsy while driving and nearly half of truck drivers admit that they had actually fallen asleep while driving in the previous year.
  4. Truck driving is consistently listed as one of the top ten most dangerous jobs in the U.S. In 2011, fatalities among large truck occupants increased 20 percent, and by another 9 percent in 2012.

The Collins Amendment would weaken the HOS rule and:

  • Dramatically increase the allowable working hours of truck drivers from the current average of about 70 hours a week to more than 80 hours a week. This is equivalent to adding an additional work day to the work week of a truck driver.
  • Allow shippers and supervisors to once again push drivers to work an average work week of up to 82 hours every week. This is double the normal work week of the average American worker and without any overtime pay or compensation.

The current HOS rule will:

  • Prevent approximately 1,400 crashes each year – saving 19 lives and avoiding 560 injuries;
  • Provide $280 million in annual savings from fewer crashes and $470 million in annual savings from improved driver health (i.e., reduced mortality).

The current HOS rule DOES NOT:

  • Restrict a driver from driving at night. In fact, the current rule places no restrictions on when a truck driver must drive. Unless a driver is absolutely maxing out their driving time and trying to drive more than the 60 or 70 hours currently permitted, there is also no restriction on when they have to take a break.
  • Moreover, the rule does not specify when that driver must go back on the road after the break. Add More Trucks to the road. Changes to the requirements for rest periods do not have any effect on the amount of freight shipped.
  • A recent survey conducted by Lake Research Partners shows an overwhelming majority of the American public is aware of the dangers of truck driver fatigue and rationally opposes legislative efforts to increase truck driver working hours. This opposition is broad, spanning all demographic, geographic and political groups.

 THE POLL REVEALS THAT: 80% ARE OPPOSED TO LONGER WORK WEEKS FOR TRUCK DRIVERS; AND, 80% SAY THEY WOULD FEEL LESS SAFE IF LEGISLATION WERE PASSED TO RAISE THE NUMBER OF HOURS A SEMI-TRUCK DRIVER IS ALLOWED TO WORK IN A WEEK FROM 70 TO 82 HOURS.   Opposition to the proposed legislation and longer hours for truck drivers:

  • has strong bipartisan support;
  • is strong in all regions of the country; and,
  • is strong across gender, and racial and ethnic backgrounds.

Thank you for all your work. Please let me know if you have any questions.

Senate Leaders: Appropriations Chairwoman Barbara Mikulski (D-MD) brigid_houton@appropriations.senate.gov    202-224-4654

Appropriations Ranking Member Richard Shelby (R-AL) jay_dunn@shelby.senate.gov    202-224-5744

Appropriations THUD Subcommittee Chairwoman Patty Murray (D-WA) carrie_gage@murray.senate.gov      202-224-2621

House Leaders:

Appropriations Chairman Hal Rodgers (R-KY) shannon.rickett@mail.house.gov                  202-225-4601

Appropriations Ranking Member Nita Lowey (D-NY) drew.jacoby@mail.house.gov         202-225-6506

Appropriations THUD Subcommittee Chairman Tom Latham (R-IA) doug.bobbitt@mail.house.gov    202-225-5476

Appropriations THUD Subcommittee Ranking Member Ed Pastor (D-AZ) doug.gascon@mail.house.gov    202-225-4065

Good news: FMCSA Announces First Step Toward Increasing Minimum Liability for Trucker Insurance

Good news! Late last week, the FMCSA issued an Advance Notice of Proposed Rule Making (ANPRM) announcing that they are considering a proposed rule to increase the minimum liability insurance coverage for motor carriers.

Increasing the minimum liability insurance was one of the 3 requests in the AnnaLeah & Mary Stand Up for Truck Safety Petition, which we delivered to FMCSA on behalf of over 11,000+ signers on May 5, 2014.

If this study advances to a new rule, then victims of truck crashes will have a better chance of being adequately compensated financially for their great loss.

I have written to our contacts at the FMCSA–reminding them of our petition and their promise to include the signatures & comments in the Public Comments in the Federal Register. We will keep you posted. Thank you for standing with us to be a strong voice for truck safety.

FMCSA ANPRM minimum insurance

Let’s Work Together To End Senseless Tragedies Caused by Distracted/Impaired Driving

Before & After Photos

I recently made some comments on a facebook post (by a radio show host) about proposed Texas legislation to ban texting while driving. I was frustrated with some comments made by others that they didn’t want this curb on personal freedom and that laws were not effective anyway. The following is an edited version of my “final” comment on that post:

Here is a before and after picture of our two girls in our car.  Actually, the before photo was from less than a year before our truck crash–when we were stopped on the highway due to a traffic fatality ahead of us. The after photo shows the result of a truck driver who was apparently distracted or “impaired”–abruptly ending two lives.

The point is that this is not a matter of personal right/freedoms being violated. This is a matter of personal choices needing to bear consequences when they result in death or injury for others (or themselves). Distracted/impaired driving of any kind needs to be outlawed–for the benefit & protection of those who are its innocent victims.

Enforcement & justice must follow. Raising awareness is essential–including acknowledgement of the extent of the problem and our own culpability and vulnerability. Research is also needed in order to find innovative technologies or means to curb the behavior which is sometimes addictive. And please do not forget the impact that this problem has on the lives of those who are responsible for someone else’s death.

The inadequacies of any solution to the widespread problem of distracted/impaired driving should not stop us from trying to put an end to these senseless & preventable crashes, which are not “accidents” but the result of personal choices/behaviors. The answer is most certainly not to put our head in the sand or discourage attempts to address this life & death matter but to work together to end such tragedies–one at a time.

Find out the current laws on texting & cell phone use in your state: http://www.distraction.gov/content/get-the-facts/state-laws.html

Watch & share this Texting While Driving Video: https://www.youtube.com/watch?v=S_-6EoNhitg

Boston Makes Progress With Prevention of Truck Side Underride

Boston has taken some important steps  to improve safety on their streets by implementing vehicle-based safety measures, including side guards, for certain municipal commercial vehicles:

In his letter to Boston City Council, Mayor Walsh stated that the ordinance establishes requirements for protection equipment to be installed on vehicles contracted by the City of Boston, to be constructed and/or equipped as to offer effective protection to unprotected road users against the risk of falling under the sides of the vehicle and being caught under the wheels.

“I am pleased that this life-saving measure, a first in the nation, is moving forward as a result of the Volpe-Boston partnership over the past two years,” said Dr. Epstein. “Side guards, blind spot mirrors, sensors, and other truck technologies are all important means to prevent or mitigate deadly crashes with the pedestrians and bicyclists who must share the road with these massive vehicles. I believe that vehicle-based safety is becoming a key strategy for cities to reach their goals of reducing or eliminating traffic fatalities.” 

http://www.volpe.dot.gov/news/cities-take-steps-increase-bicyclist-and-pedestrian-safety

World’s Largest Truck Convoy

Check out how some truckers are supporting Special Olympics with their Truck:

“The Truck Convoy® is a unique one-day celebration of the trucking industry and its support of Special Olympics. Local law enforcement makes special dispensation and escorts a convoy of trucks up to 50 miles through their town.”

http://resources.specialolympics.org/Sections/Donate/Truck_Convoy.aspx

http://fox2now.com/2014/10/26/video-mysterious-truck-convoy-has-i-64-drivers-wondering-if-theyre-in-the-twilight-zone/?utm_content=buffer4db40&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

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The Court Hearing; Update On Our Trip To Georgia

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Update on our trip to Georgia.  .  . First of all, thank you for your prayers and concern for us.

We left early for Georgia so as to be able to attend a worship service at the church in Augusta, Georgia, whose pastor met Jerry at the hospital when he first arrived in Georgia after the crash and was trying to find where Mary was. After they were able to find Mary, the pastor asked what they could do to help. Jerry asked him to make sure that Mary was never alone. So he arranged for their members to take turns being with Mary 24/7 in her hospital room–holding her hand, reading the Bible to her, singing and talking to her–since Jerry had to attend to so many things including visiting me at my hospital 2 hours away.

On Sunday morning, I was able to meet most of the people who spent time with Mary–giving/getting hugs and taking their picture. A couple of them mentioned how caring the nurses had been–speaking to Mary (who was unresponsive) when they were taking care of her, always telling her what they were going to do or where they were taking her. That brings a measure of comfort to this mother’s heart.

Also, the pastor’s wife shared how she had gone to the hospital that Sunday morning the day after the crash, before Jerry had arrived, because she couldn’t stand the thought of 13 year-old Mary being all alone. However, she was not able to see Mary then as she was still a Jane Doe (or Sierra Trauma according to some medical records) and could not be positively identified until Jerry arrived. I am so thankful that she cared enough to at least try.

After church, the pastor and his wife invited us to lunch and we were joined by one of the members who had sat with Mary–the last one to do so before Mary died.

Before we left, they prayed with us. We were reminded by the pastor that no matter the outcome of the hearing, we should not expect to feel satisfied. That is our ongoing experience: His peace that passes all understanding does not always mean that we will be happy with how things come out for the simple reason that NOTHING will bring AnnaLeah and Mary back to us in this life.

Next, Jerry was kind enough — despite the hard memories it brought to the surface for him — to drive me by the hospital where Mary spent her last days on this earth, to fill in that  empty spot for me which had no memories to hold onto.

We then left for Greensboro, Georgia, to spend the night at a bed & breakfast before attending the court hearing on Monday. It was a blessing to be in that place—a large Southern “mansion” which had been in the owner’s family for over 100 years. We were there all by ourselves and enjoyed the peace & quiet and not speaking of the next day much at all.

We were amazed the next morning when, as the owners were fixing our breakfast and setting the fancy table, we discovered that he had been a lawyer for 40 years and was very familiar with some of the horrific problems with truck crashes. He was concerned with what was expected as the outcome and shared our frustrations with what appears to be A BROKEN SYSTEM.

And that is what I would like to write further posts about in https://annaleahmary.com/ and will let you know when I do so–in case you are interested in learning more. We have many concerns and, while we do not want to let the frustrations rule our lives, we cannot ignore them. If we have become enlightened and do not act to seek change, then who will?

The actual court hearing was very hard. The DA gave an account of the crash–repeated by the Mongolian interpreter–and outlined the plea deal: 24 months probation with his CDL surrendered for that period, community service & attendance at a MADD victim impact class.

Then Jerry and I were given an opportunity to speak. I daresay that the Victim Impact Statement which he had written was probably the most difficult thing Jerry has ever had to read–about what we had lost and why we hoped that the driver would never have a CDL again and have the opportunity to take another life.

Victim Impact Statement

 When I then had a chance to speak, I wasn’t exactly sure what I was going to say until shortly before. I showed the truck driver Mary’s braids and said that that was all that I had left of her. I told him about how creative AnnaLeah was and showed him a giraffe she had made shortly before the crash and told him how she loved to write.

Then, I told him how we had found some things that the girls had written when we were going through their belongings. I shared with him–repeated by the interpreter–how AnnaLeah had written that,

“You will never be worthy of proclaiming Christ’s name,

But Christ’s name will always be worthy of proclaiming.”

Then, I told him how we found a letter that Mary had written to herself shortly before the crash that she planned on reading in ten years (2023). I told him how, in that letter, she said that she hoped that she still believed in God and that she better because He was the most important thing in the world. And I told him how she also said that she hoped that she would be living every day as if it were her last day.

Finally, I told him that I thought that the girls would want him to know that Jesus died for him.

After the hearing, we spent over two hours in a room with him as our civil lawyer questioned the truck driver to try and get some of the answers which we had, thus far, been unable to get through any investigation (and because his lawyer wanted him to Plead the Fifth until the criminal case was completed). Jerry commented later how rough it was to be across the table from him.

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Questions About Justice in the State of Georgia 8/6/2014

Bloomberg News: In-Depth Reports on Trucking Safety Issues

Check out these in-depth articles on issues related to safety on the road.

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Truck Drivers Call In To Discuss Trucking Issues

Here is an interesting call-in show about the transportation industry & highway safety:

http://www.c-span.org/video/?321618-5/washington-journal-jeff-plungis-trucking-industry-safety

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