AAJ Supports Trailer Safety Recall Petition: “NHTSA is well within its authority to issue a recall”

Safety Advocacy, Truck Safety, , , , , , ,

The American Association for Justice (AAJ) supports our petition to the National Highway Traffic Safety Administration (NHTSA) to recall semitrailers due to lack of side underride guards. We received a letter of support from AAJ on October 25, 2021:

AAJ Letter of Support – Trailer Safety Recall Petition

Of particular significance is this statement in the AAJ letter to Secretary Buttigieg:

Van-type and box semitrailers vehicles that do not have underride guards are defective in design, under the statutory definition of defect, because they are missing the critical safety feature of the side underride guard. NHTSA is well within its authority to issue a recall on this critical design defect, that clearly poses an unreasonable risk to highway safety.

Meanwhile, we have been assured by the NHTSA Office of Defects Investigation that they are taking this petition into serious consideration. And now we wait to find out exactly what that will mean.

Here is our letter to Secretary Buttigieg on September 14, 2021, which accompanied our petition for a safety recall due to the lack of side underride guards:

Dear Secretary Buttigieg:

In accordance with 49 U.S.C. 30162 and 49 C.F.R § 552.1, please find our petition to the National Highway Traffic Safety Administration (NHTSA) to promptly initiate a safety defect investigation into van-type or box semitrailers because of a known safety hazard and defect from collisions with passenger vehicles and other vulnerable road users (pedestrians, bicyclists, or motorcyclists) resulting in death and significant injuries due to a lack of side underride guards. This investigation will clearly demonstrate that NHTSA should issue a recall order pursuant to 49 U.S.C. §§ 30118(b), 30119, and 30120 for all van-type and box semitrailers that lack side underride guards.  

Respectfully,

Eric Hein, Jerry and Marianne Karth, and Lois Durso

Petition: NHTSA Underride recall v2

Why STOP Installing Unsafe Guardrails But Neglect To Replace Those Already On Our Roadways?

Safety Advocacy, , , ,

In the course of working with DC Congressional staff on the underride issue, I was introduced to another safety advocate. Steve Eimers is a dad who lost his daughter, Hannah, due to another safety issue — unsafe guardrails.

You might want to educate yourself on this roadway danger. But Steve can tell his story much better than I:

On November 1, 2016, my daughter, Hannah Eimers was driving to school with a friend in Tennessee.

She never made it. At just 17, she was speared by a guardrail end component called “X-Lite,” produced by the Lindsay Corporation. Hannah was eviscerated, but her friend walked away unscathed. https://www.tennessean.com/story/opinion/2021/10/13/x-lite-guardrail-ends-lack-oversight-led-highway-deaths/8437923002/

Read more about the guardrail problem:

In particular, I am concerned about the states which have not decided to replace XLite guardrails —

Following additional spearing deaths, at least 18 states have removed their X-Lites from the roadside. Others such as Georgia, Massachusetts, North Carolina, and Texas have not. Tens of thousands of X-Lites remain in use across the country and they continue to be impacted and kill the innocent. https://medium.com/@sjeimers/how-one-companys-fraud-is-leading-to-death-on-america-s-highways-84dc79cd26fc

Why Would We STOP Installing Unsafe Guardrails But Neglect To Replace Those Already On Our Roadways?! And, by the way, who should pay for this — besides too many precious ones gone too soon?

Side Guard Costs Likely To Decrease With Higher Deployment Volumes

Truck Safety, , , , , , , ,

The North American Council for Freight Efficiency (NACFE) issued a Confidence Report for Trailer Aerodynamic Devices in 2016. This report confirmed our talking point that when side guards are mass produced we can expect to see a decrease in manufacturing costs.

The cost of trailer side skirts have decreased substantially over the past 3-5 years. Current costs for trailer aerodynamic technologies – particularly side skirts – have decreased significantly in recent years, due to far more market entrants driving cost competition and much higher deployment volumes reducing cost per unit. From the interview responses, it is estimated that costs for side skirts have dropped roughly 70% compared to cost estimates that were compiled as part of the 2010 National Academy of Sciences study that investigated fuel efficiency technologies for commercial vehicles. CONFIDENCE REPORT: TRAILER AERODYNAMIC DEVICES

Also, see a more recent report from September 2020: NACFE updates two of its existing confidence reports

Current cost of an aftermarket side guard system, AngelWing, is approximately $2,895. If the cost were to drop 70%, that would bring the cost down to $869/side guard system.

Underride Protection Retrofit Cost_Trailer (1)

Petition for NHTSA To Recall Semitrailers Due To Lack Of Side Underride Guards

Safety Advocacy, Truck Safety, , , ,

On September 14, 2021, a petition was submitted to NHTSA to investigate and recall semitrailers due to the lack of side underride guards which would prevent catastrophic injuries and deaths.

Dear Secretary Buttigieg:

In accordance with 49 U.S.C. 30162 and 49 C.F.R § 552.1, please find our petition to the National Highway Traffic Safety Administration (NHTSA) to promptly initiate a safety defect investigation into van-type or box semitrailers because of a known safety hazard and defect from collisions with passenger vehicles and other vulnerable road users (pedestrians, bicyclists, or motorcyclists) resulting in death and significant injuries due to a lack of side underride guards. This investigation will clearly demonstrate that NHTSA should issue a recall order pursuant to 49 U.S.C. §§ 30118(b), 30119, and 30120 for all van-type and box semitrailers that lack side underride guards.  

Respectfully,

Eric Hein, Jerry and Marianne Karth, and Lois Durso

We welcome letters of support to reinforce the importance of this vital recall.

Petition Letter:

NHTSA Underride recall v2

Letter of Support Received from the American Association for Justice on October 25, 2021:

AAJ Letter of Support – Trailer Safety Recall Petition

IIHS Research Provides Foundation for Traffic Safety Legislation – Including Underride

Truck Safety, , , , , , , , , ,

This week, the Insurance Institute for Highway Safety (IIHS) justifiably pointed out how their amazing safety research has led to much of the bipartisan traffic safety legislation which the Senate and House recently passed — likely to see final confirmation in the coming weeks. Thankfully, this legislation includes underride provisions — for an updated rear guard standard and further research on side underride.

Years of work by IIHS-HLDI paved way for safety provisions in infrastructure bill, August 25, 2021

What the IIHS did not mention was how long it has taken for that legislation to come about — decades. Further, they didn’t stress, as strongly as I would have, how frustrating it is that the IIHS research — coupled with recommendations from the NTSB — still doesn’t seem to be enough to warrant a straight-out mandate for side guards.

On top of that, the IIHS did not mention the missing components of the underride legislation; the infrastructure bill does not include even a hint of research regarding protection of the traveling public from deadly underride under Single Unit Trucks (otherwise known as straight or box trucks) or at the front of large trucks. And we’re talking not only about passenger vehicle occupants but, also, Vulnerable Road Users — pedestrians, cyclists, and motorcyclists. Yet, IIHS and FMCSA have published reports about those safety hazards:

IIHS Status Report, August 26, 1989

If NHTSA is truly data-driven, then shouldn’t the fact that 61% of the two-vehicle truck crash fatalities in 2019 occurred with first impact at the front of large trucks spur significant research into front underride protection? Shouldn’t we at least consider the potential for proven technology — already installed by major international truck manufacturers on their products in other countries — to make truck crashes more survivable?

Will we, instead, continue to ignore the preventable deaths which occur year after year? Perhaps might we, at least, engage in meaningful, collaborative conversation about potential solutions — active and passive — to end these tragedies? Other countries have done so.

Volvo Trucks Safety – FUPS crash test, published 2009
Front Underride Protection Panel
Engineers, Trucking Industry, & Victim Advocates Collaborate at Side Guard Task Force February 2021
Front Underride Protection Presentation at a Congressional Staff Briefing, by Friedman Research Center

What is wrong with US? Dare I hope that we might finally come to our senses and pursue significant change?

Will DOT Respond to Petition for Underride Rulemaking on Single Unit Trucks?

Petition for Underride Rulemaking on Single Unit Trucks (sign here)

Will DOT Respond to Petition for Underride Rulemaking on Single Unit Trucks?

Safety Advocacy, Truck Safety, , , , ,

Dear Secretary Buttigieg,

We are petitioning the U.S. Department of Transportation to take specific immediate action towards the goal of ending traffic deaths by including Single Unit Trucks (SUTS) and vulnerable road users in the scope of mandated and studied comprehensive underride protection, as called for in the STOP Underrides Bill. SUTs outnumber tractor-trailers and, in fact, comprehensive underride protection on them has already been recommended by the NTSB and the IIHS. Yet SUTs are not included in the Underride Sections of the recently passed Senate and House Infrastructure legislation.

Therefore, we are asking that you expedite work on the 2014 Karth Family petition for underride protection on Single Unit Trucks by taking the following actions:

  • Establish the Advisory Committee On Underride Protection, as called for in the STOP Underrides Bill and the Infrastructure Legislation in both the House and Senate.
  • Proceed immediately to issue a Notice of Proposed Rulemaking (NPRM) for comprehensive underride protection on Single Unit Trucks – front, side, and rear.
  • Add language explicitly stating that all mandated and studied comprehensive underride guards are to protect all road users, including Vulnerable Road Users (pedestrians, cyclists, & motorcyclists).

Respectfully submitted,

Marianne & Jerry Karth
AnnaLeah & Mary for Truck Safety

Petition for Underride Rulemaking on Single Unit Trucks (sign here)

Should A Bill To Decrease 38,680 Deaths/yr Be Tied To The Infrastructure Bill?

Safety Advocacy, , , ,

It has been 55 years since the National Traffic Safety & Motor Vehicle Safety Act of 1966 ushered in an era of improved safety. Imagine all of the technological changes which have occurred since then. Yet motor vehicle crashes are still a leading cause of death. Why is this so?

Despite this senseless loss of life, safety advocates struggle to catalyze significant change. Efforts to save lives are restricted by the ongoing political tug-of-war over infrastructure legislation. Is it time for a new comprehensive National Traffic Safety Act to pass as a stand-alone bill?

National Traffic Safety Act of 2021

National Traffic Safety Act of 2021 Brochure

Let’s not get stuck in same old/same old strategies. Think outside of the box and come together collaboratively to bring about sweeping changes. Victims of traffic tragedies — gone in the blink of an eye — never come back. Protect the people.

They never come back.

We are waiting to see: What will Congress do to end preventable truck underride?

Safety Advocacy, Truck Safety, , , , ,

Will Congress finally, after 52 years, take bold, decisive legislative action to mandate strong comprehensive underride protection? Or will they leave it to DOT to determine if side underride protection is “warranted” before issuing a mandate?

How many more people — like a woman in a Greenwich crash on July 3, 2021 — will needlessly die due to a dangerous truck design for which engineers have developed solutions?

Fatal truck crash in Greenwich on July 3, 2021 (photo provided by passerby)
Could a fully-guarded trailer have changed the outcome of this crash?

Will trucks on our roads continue to be Unguarded: Death by Underride? Or will Congress boldly send the message through inclusion of strong underride provisions in the Infrastructure Bill to Fix the Problem NOW!?

HOW YOU CAN HELP

Unguarded: Death By Underride

Safety Advocacy, Truck Safety, , ,

Looking for an explanation of the truck underride problem and solutions? Look no further. Eric Hein, the father of side underride victim Riley Hein, has put together a detailed tool for learning more about underride and what can be done about it:

Unguarded: Death By Underride

Here are a few excerpts:

People die every day from side underride crashes

An “underride” is a collision between an automobile and a truck or semitrailer, and due to the height differential between the passenger vehicle and the frame of the semitrailer, the vehicle goes partially or completely under the side of the semitrailer. During a collision (see unguarded and guarded crash test here), the passenger vehicle impacts the side of the semitrailer with parts of the vehicle not designed to absorb crash forces, namely the windshield and those areas above the hood. This type of collision causes deaths and severe injuries – death by decapitation, crushing, or explosion commonly result. These catastrophic collisions would otherwise be survivable, but side underride guards on trucks and semitrailers are lacking.

https://storymaps.arcgis.com/stories/fc51adce82dd47d188794ef19b2e6d17

Sadly, the recognized hazard of side underride collisions with towed trailers can be traced back to at least 1935 when Robinson patented an invention for a peripheral guard on a hitch-mounted trailer.

https://storymaps.arcgis.com/stories/fc51adce82dd47d188794ef19b2e6d17

Industry Opposition Claims Are False

The technology is feasible and available. The trucking industry has lobbied against underride guards since 1971 and continues to inaccurately claim that side underride guards are infeasible. Contrary to industry, side underride guards ARE available – they are widely used in Europe, and have been tested and installed in the USA such as the AngelWing and Fortier in Canada.

https://storymaps.arcgis.com/stories/fc51adce82dd47d188794ef19b2e6d17
Riley & Eric Hein

Underride Guards Are Aerodynamic and Save Fuel Cost. Wabash engineered a combination side impact guard and skirt that passed tests for a 90-degree centerline vehicle impact at 35 miles per hour, and uses a braided cable and is 40 to 50 percent lighter than other designs. With an aerodynamic skirt installed on the underride guard, about 704 gallons ($2,153 using $3.06/gallon) of diesel fuel would be saved annually (8,448 gallons or $25,836 over the 12-year life of a semitrailer) and would completely offset the guard’s cost.

https://storymaps.arcgis.com/stories/fc51adce82dd47d188794ef19b2e6d17

Underride Guards Safeguard Truck Drivers. Side guards on semitrailers change the outcome of collisions to fender benders and reduce the risk of death for people in passenger vehicles, which shield truck drivers from the prospect of jail time or losing their jobs.

https://storymaps.arcgis.com/stories/fc51adce82dd47d188794ef19b2e6d17

Global Harmonization Of Motor Vehicle Safety Standards Could Be On The Horizon

Safety Advocacy, Truck Safety, , ,

I was so pleased to discover the Section on Global Harmonization in the Surface Transportation Investment Act introduced by the Senate Commerce Committee yesterday. I reached out to Secretary Buttigieg and let him know that we are counting on him to proactively take steps to advance traffic safety worldwide, as is clearly the intent of Congress.

SEC. 4211. GLOBAL HARMONIZATION. The Secretary shall cooperate, to the maximum extent practicable, with foreign governments, nongovernmental stakeholder groups, the motor vehicle industry, and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety.

Global Harmonization Commerce Bill 2021

Underride protection technology, by itself, provides a straightforward example of a practical means to pursue this kind of collaboration which can put us on a fast track to attain zero road deaths and catastrophic injuries due to preventable truck underride. Already we have brought together an international group of engineers to discuss and endorse comprehensive underride protection which could be implemented/mandated in the U.S., including:

In addition to the benefit to U.S. Road Users, the rear standard could help to strengthen standards globally, as would the side guard standard. Additionally, by following the lead in other countries, the U.S. could apply underride standards to Single Unit Trucks as well as tractor-trailers.

We are urging Secretary Buttigieg: Act now, in this one area, by establishing the Advisory Committee On Underride Protection — and include international participants. Move ahead immediately with Global Harmonization of Motor Vehicle Safety Standards.

Petition to Secretary Buttigieg for Underride Rulemaking

Team Underride at the D.C. Underride Crash Test Event, 3/26/19