Video from STOP Underrides Crash Test Event

When there is no strong physical barrier under a truck bed, Death By Underride becomes a known unreasonable risk. Fortunately, engineers have developed effective physical barriers or underride protection – although it is not required by law. With that in mind, a group of engineers carried out R&D crash testing on August 3 at the Raleigh Underride Crash Test Event.

Four side crash tests were conducted into semitrailers:

  • Ford Fiesta into an AngelWing side guard from a 45 degree angle (39 mph)
  • Chevy Malibu into an unguarded trailer from a 45 degree angle (38 mph)
  • Chevy Impala into a SafetySkirt side guard in the rear area behind forward positioned trailer axles from a 90 degree angle (36 mph)
  • Chevy Malibu into a SafetySkirt side guard from a 90 degree angle (43 mph)

Crashed trailers were each ballasted with approximately 28,000 pounds in water tanks. Video footage in this LinkedIn post by Forensic Rock, highlights two of the crash tests:

We love working with passionate people in the AR field. And Aaron Kiefer is one of those super-passionate people we absolutely love working with.

We were lucky enough to help him and his great #StopUnderrides group collect data for an awesome test series they were running in North Carolina. His goal was to demonstrate the collision mitigation of different trailer guards on side underride collisions with lower-profile sedans.

This compilation video compares an unguarded 53′ van trailer to Aaron’s SafetySkirt design. Two Chevrolet Malibu’s were used in this test series.

The speed at impact in the unguarded test was 37.5 mph; the speed at impact for Aaron’s SafetySkirt test was 43.4 mph.

We won’t spoil it for you, but Aaron certainly knows what he is doing.

Underride Crash Tests – Unguarded Trailer vs Guarded Trailer

The guards prevented Passenger Compartment Intrusion (PCI) in each guarded test.

Note: More details will be shared in the days ahead as photos, video, and electronic data are compiled.

Public Comments on the Side Guard ANPRM (Advance Notice of Proposed Rulemaking)

NHTSA closed the Public Comment Period on the Advance Notice of Proposed Rulemaking (ANPRM) for side underride guards on July 20, 2023. NHTSA asked commenters to respond to these nine questions. Here’s where the comments are posted: Advance Notice of Proposed Rulemaking for Side Underride Guards. To make it easier to read through the thousands of comments, I’m providing pdfs and/or links to many of them — although it’s not an exhaustive compilation.

Links to Many of the Public Comments on the Side Guard ANPRM

Public Comments on the Side Guard ANPRM – As of June 16, 2023 (119)

The majority of comments (over 1,000) posted from June 16 through June 23 were from individuals and organizations which support the requests in the Public Comment from the League of American Bicyclists – calling for pedestrians and bicyclists to be included in the data for side guard regulatory analysis. (Motorcyclists are vulnerable to underride as well.)

Some-of-the-Public-Comments-on-the-Side-Guard-ANPRM-June-24-July-22-2023.pdf

The Following are Links to Individual Public Comments (which were submitted as or with attachments):

Eric Hein

Institute for Safer Trucking IST-Comment-on-Side-Underride-PC-Final.pdf

Truck Safety Coalition TSC-Comment-on-ANPRM.pdf

Perry Ponder/Seven Hills Engineering

Wabash National (Trailer Manufacturer) Wabash-comment-on-ANPRM.pdf

Werner Enterprises Wermer-Enterprises-Comment-on-ANPRM.pdf

Safety Research & Strategies Safety-Research-Strategies-Comment-on-ANPRM.pdf

National Waste & Recycling Association Waste-and-Recycling-Comment-on-ANPRM.pdf

Lois Durso Lois-Durso-Comment-on-ANPRM.pdf

Mark Hawkins Mark-Hawkins-Comment-on-ANPRM.pdf

American Trucking Associations (ATA) ATA-Comment-on-ANPRM.pdf

Owner Operator Independent Drivers Association (OOIDA) OOIDA-Comment-on-ANPRM.pdf

Chicago Department of Transportation Chicago-DOT-Comment-on-ANPRM-1.pdf

Fortier/PHSS

Coalition of Intermodal Associations Intermodal-Association-Comment-on-ANPRM.pdf

Andy Young Andy-Young-Comment-on-ANPRM.pdf

Consumer Reports Consumer-Reports-Comment-on-ANPRM.pdf

Elisa Braver Elisa-Braver-Comment-on-ANPRM.pdf

Aaron Kiefer/Collision Safety Consulting 

American Truck Dealers American-Truck-Dealers-Comment-on-ANPRM.pdf

Insurance Institute for Highway Safety (Matt Brumbelow) IIHS-Comment-on-ANPRM.pdf

National Association of Mutual Insurance Companies (NAMIC) NAMIC-Comment-on-ANPRM.pdf

Advocates for Highway & Auto Safety Advocates-for-Highway-Auto-Safety-ANPRM-FINAL.pdf

Truck Sail Truck-Sail-Comment-on-ANPRM.pdf

Association of Pedestrian & Bicycle Professionals Association-of-Pedestrian-and-Bicycle-Professionals-Comment-on-ANPRM.pdf

Jay Hightman The-Robyn-Hightman-Foundation-Comment-on-ANPRM.pdf

City of Boston Transportation Cabinet City-of-Boston-Transportation-Cabinet-Comment-on-ANPRM.pdf

Montgomery County Families for Safe Streets Montgomery-County-Families-for-Safe-Streets-Comment-on-ANPRM.pdf

Association of Pedestrian & Bicycle Professionals Association-of-Pedestrian-and-Bicycle-Professionals-Comment-on-ANPRM.pdf

Massachusetts Vision Zero Coalition Massachusetts-Vision-Zero-Coalition-Comment-on-ANPRM.pdf

National Association of Trailer Manufacturers National-Assn-of-Trailer-Mfrs-Comment-on-ANPRM.pdf

Jerry Karth Jerry-Karth-Comment-ANPRM.pdf

Comment from Jerry & Marianne Karthattachments:

According to the federal rulemaking process, the next step is for NHTSA (and that will include the Advisory Committee on Underride Protection)to begin reviewing and evaluating the comments which have been submitted from the public. Now is the time for the development of a recommendation to the Secretary of Transportation as to whether a side guard regulation would be cost effective.

In other words, now is the time to finally determine that safety is an acceptable cost of doing business and Death By Underride is an unacceptable, unreasonable, and preventable risk for all road users. At least, that’s what I think.

Still Time to Submit a Public Comment on Side Guard Rule (July 20)

Don’t miss the July 20 deadline (extended from June 20) for submitting a Public Comment to NHTSA on the Advance Notice of Proposed Rulemaking for Side Underride Guards. Here’s how you can do it:

  • Go to this link.
  • Write your comment to let NHTSA know why you want them to proceed with a rule on side guards.
  • If you have specific information to answer NHTSA’s nine questions, you can include it in your comments and/or add attachments.
  • Please note the WARNING:   Do not submit personally identifiable information through this form. Any personally identifiable information (e.g., name, address, phone number) included in the comment form or in an attachment may be publicly disclosed in a docket or on the Internet.
  • Use the drop down box to Select a Comment Category (Rule/Proposed Rule/Final Rule).
  • Provide your email address (won’t be published online) and indicate that you’re an Individual and NOT a Robot.
  • Then, SUBMIT.
  • That’s it. Thank you!

Public Comments on the Side Guard ANPRM – As of June 16, 2023 (119)

The majority of comments (over 1,000) posted from June 16 through June 23 were from individuals and organizations which support the requests in the Public Comment from the League of American Bicyclists – calling for pedestrians and bicyclists to be included in the data for side guard regulatory analysis.

Comment from Jerry & Marianne Karth

STOP Senseless Roadway Deaths: Give Victims a Voice

Inaction by federal traffic safety agencies, who are fiercely and disproportionately influenced by industry pressure, has left all road users at risk. As a follow-up to the PBS/Frontline truck underride documentary, on June 22, ProPublica published an article which has exposed the depth of this regulatory capture and the powerlessness of safety activists to bring about change.

If I hadn’t already been aware of most of the details of this report, I might have had a hard time believing it was for real. I’m curious what you think of it. It’s a long read, but worth it!

  • “The Department of Transportation allowed trucking lobbyists to review an unpublished report recommending a safety device that could save lives by preventing pedestrians and cyclists from getting crushed under large trucks. . .
  • But that recommendation generated intense resistance, both internally, from department officials who challenged their findings, and externally, from trucking industry lobbyists. . .
  • After meeting with trucking industry lobbyists in December, 2018, the DOT supervisor overseeing the project emailed researchers: “PLEASE delete any mention of a recommendation to develop…any regulation.” DOT Researchers Suggested a Way to Make Big Trucks Safer. After Meeting With Lobbyists, Agency Officials Rejected the Idea.

If that disturbs you (and it’s just the tip of the iceberg), please sign the petition for a National Roadway Safety Ombudsman so that this kind of regulatory capture doesn’t continue to happen:

STOP Senseless Roadway Deaths: Give Victims a Voice

It’s time to turn the tide and demand that vulnerable victims of vehicle violence be given a vigilant voice at the table. It’s time for a National Roadway Safety Ombudsman to serve the public’s best interests at the Department of Transportation.

Credit to Ken McLeod

So, what did you think of the PBS/Frontline Underride Documentary?

We’ve been anticipating the final result of a year-long investigation by @propublica and @frontlinepbs on the truck underride issue. Their team pulled together an immense amount of information on a century-old problem. Of course, an hour could never cover it all. But I think that they created a compelling argument. The question is, what did you think?

If you haven’t had a chance to see the documentary or read the accompanying stories, here are some useful links:

My next question is, what are you going to do in response to what you heard and/or read? And what kind of reaction and action should we hope to see from:

  • Congress?
  • Secretary of Transportation Pete Buttigieg (who declined to be interviewed)?
  • National Highway Traffic Safety Administration?
  • USDOT Inspector General?
  • Trucking Industry?

Anyone can act on their personal convictions and sign our petition: Secretary Pete, It’s Past Time To End Death By Underride! We will be submitting a spreadsheet of all signatures & comments made on the petition to Secretary Buttigieg and to the NHTSA Public Comment docket for the Advance Notice of Proposed Rulemaking on Side Guards. Here are some other things you can do: How You Can Help!

What do I think? Among other things. . . I think that we need a Congressional Oversight Underride Field Hearing and an investigation by the DOT Inspector General. I’d also like the opportunity to have a meeting with Secretary Buttigieg to discuss underride. Beyond that, I think that we need a long-term solution for this and other roadway safety issues. I think that we need a National Traffic Safety Ombudsman, in place at the USDOT Office of the Secretary, whose role will be to ensure that the voice of victims is appropriately heard and heeded — so that industry no longer has a disproportionate, unfair voice.

PBS/Frontline Underride Documentary & Petition to Secretary Pete

Recent months have brought progress in the right direction to solve the truck underride problem. A PBS/Frontline documentary focused on underride will be aired on Tuesday, June 13, 10/9 Central. See the trailer here, America’s Dangerous Trucks. Spread the word! Breakout stories and articles:

  1. We are launching a new online petition to take advantage of the national attention this broadcast will bring to the hidden problem of underride. Please sign & share: Secretary Pete, It’s Past Time To End Death By Underride! These signatures & comments will be submitted to NHTSA.
  2. In April, the National Highway Traffic Safety Administration (NHTSA) announced members of the Advisory Committee on Underride Protection. The first ACUP meeting was on May 25. This diverse group, with both industry and safety advocates represented, will be making recommendations to Secretary Pete/NHTSA about how to end Death By Underride.
  3. At the same time, NHTSA published an Advance Notice of Proposed Rulemaking (ANPRM) for a potential side guard regulation. Add your voice to our message. Submit a Public Comment (by July 20) here in support of requiring side guards on all new trucks. Help us to bring this long-overdue rule across the finish line.

Thank you for being a part of TEAM Underride!

Taking On a Safety Issue: Hazardous Railroad Crossings

I made a Public Comment at the meeting of the Motor Carrier Safety Advisory Committee (MCSAC) on June 6, 2023, related to railway crossing safety. I was motivated to do so by two things.

First of all, I have listened to members of the trucking industry point to the potential of side guards causing an increase in tractor-trailer hang ups on high centered railroad crossings — using it as a basis for opposing a side guard regulation. Yet, in ten years, I have never heard them discuss how they could address this safety problem, which occurs even without side guards.

Secondly, when I was around 26, I worked as a Hospice Pilot Program Analyst for Blue Cross & Blue Shield of Michigan. After some time on the job, one of my coworkers had a baby, who was the delight of her life.  After my family moved away from the Detroit area, we kept in contact mostly through exchanging Christmas cards. One year I received a note from our former boss, who told me that my friend’s now 16 year-old had died when the car in which she was a passenger was hit by a train on her way to her high school. I wrote about her story in a post, Too Often, Too Little, Too Late; A Conspiracy of Silence , in 2015:

Fast forward to 2013, when I, too, experienced the awful devastation of losing a child [make that two] to an unexpected, horrific, potentially-preventable, premature death due to a car crash [this time hit by a truck]. Now I understood what my friend had faced.

Just recently, I tried to reach out to her again–to no avail–after I ran across the news article and the picture of baby “Joy” when going through boxes at our home. I re-read the details of the crash and discovered that there had been no flashers or guard at the fateful railroad crossing–less than a mile from her high school.

As a bereaved-mom-become-safety-advocate, I wanted to know if something had been done to improve safety at the site of that crash 34 years ago. I was encouraged to find out, from the township responsible for that section of roads, that they had bypassed the option of flashers and guards and immediately closed off that particular dirt road where it crossed the tracks.

A good move. Chances are it saved someone. But it was Too Late for Joy.

Why does it Too Often take a death to wake us up to the dangers that were there all along?”

I did not hear from my friend for 40 years because her grief was so intense and it was hard for her to see me with my family of nine living children. In 2020, out of the blue, I received an email from her. Among other things, she shared with me what she and her husband and younger daughter had done following their tragic loss:

[We] took on the State of Michigan after the train crash that killed [Joy and her friend Hope].  After a public hearing, we convinced the state to close the railroad crossing near [the] High School where the crash occurred.  The crossing was at the bottom of a gravel hill and no warning lights or gates were at the site.  State inspectors would park at the top of the hill and walk down to “inspect” it, too concerned to drive down. The site could not be fixed to make it safe for others and the road leading to it is now closed.  No one else will die there.  During our investigation, we found that many other dangerous railroad sites like this exist.  I was too devastated to do anything about those sites in the way you have, and I admire your courage for that.

June 6, 2023

Administrator Hutcheson,

I hope that FMCSA will seriously consider our attached petition and do what is within your power to make railway crossings safer.

Respectfully,

Jerry & Marianne Karth

Here’s our petition to the Federal Motor Carrier Safety Administration: Petition to the FMCSA for Railway Crossing Safety Measures

Here’s our petition a few days earlier to the Federal Railroad Administration: Petition to the FRA for Railway Crossing Safety Measures

Relevant Resources On This Topic:

What can we learn about industry concerns regarding a potential side guard regulation?

Upcoming PBS/Frontline Documentary: “America’s Dangerous Trucks”

“FRONTLINE and ProPublica investigate deadly truck accidents and the fight over measures that could save thousands of lives. As deaths rise, the documentary examines decades of legal maneuvering, political influence, lax regulation and industry opposition.”

Coming June 13, 10:00 p.m./9 CT.

Watch the trailer here: America’s Dangerous Trucks

Global Underride Discussion

Soon after our crash on May 4, 2013, we learned about underride and began having conversations with engineers around the globe. This included emails, phone calls, and in-person meetings at our Underride Roundtables and DC Underride Crash Test Event (see DC panel discussion in above photo). On Friday, May 5, 2023, I appreciated the opportunity to continue our global underride conversation during one of our TEAM Underride Zoom discussions, which included presentations from Peter Schimmelpfennig and his dad Karl-Heinz Schimmelpfennig (Germany) and Iain Knight (UK).

Here is a PowerPoint Presentation (which might be updated in the near future) from Peter: Underrun_System_2023.Oktober (1)

Here is a PowerPoint presentation from Iain: Euro NCAP-Improving Commercial Vehicle Safety_Roadmap v5.5_IK (1)

This video describes the Schimmelpfennigs’ company, CrashTest-Service (CTS) in Germany:

Engineers love to solve problems. Together, we can solve the global underride problem with collaborative, innovative international collaboration. TEAM Underride – Together Engaged in A Mission to make truck crashes more survivable.

10 years after trucking crash killed 2 girls, mother sees hope for change

Over the years, safety reform has lagged, but companies such as J.B. Hunt and Stoughton Trailers pushed ahead of regulations, victim-turned-advocate says. . .

Read more here: Transport Dive, David Taube, May 5, 2023 10 years after trucking crash killed 2 girls, mother sees hope for change

What readers are saying:

What a fantastic article!”

It was a nice tribute to AnnaLeah & Mary and the cause. Hopefully, it will bring more awareness to the issue and help get stricter regulations on trailer safety.” chainsaw woodcarver, who carved the girls’ memorial bench

On another note: NHTSA recently announced the membership of an Advisory Committee on Underride Protection and the beginning steps toward development of a side guard regulation. We welcome this progress but know that there are still many hurdles to overcome before significant action will be taken to reduce these preventable tragedies.

We’re hoping that you will take some time, before June 20, to submit a Public Comment to NHTSA about a proposed side guard regulation. You can see, from the Public Comments already submitted to NHTSA, that the trucking community continues to express opposition. A comment from you, in favor of advancing side underride protection, would be much appreciated. You can do so here: Side Underride Guards – ANPRM.

Your comment should be based on your awareness and knowledge of this truck crash hazard. From your perspective, share why you think that side guards would be important to reduce the severity of these crashes. To the extent possible, your comments could reflect your knowledge of answers to nine questions to which NHTSA is specifically seeking answers.