Tag Archives: Congress

Congress, it’s time to act: Industry has proven they will not act voluntarily to protect vulnerable motorists from underride.

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

As I read a report of the recent jury decision on the lawsuit against the trailer manufacturer under whose trailer Riley Hein burned to death, I paid close attention to the comments made by the defense attorney. Apparently he did not pay close attention to the testimonies given by expert witnesses whom he had opportunity to cross-examine.

Jeff Croasdell, attorney for the manufacturing company, called Riley Hein’s death a terrible tragedy, but he said the jury had found the trailer involved in the incident was not defective so the company was reaching out to jurors to determine the basis for their decision.

Croasdell speculated the jury might have thought the company should have installed side underride guards on the trailer, but he said no such devices are currently on the market. Family awarded $42M in I-40 crash that killed teen driver

Hold on! His statement is totally not true. The AngelWing side guards have been available from Perry Ponder since 2012. Here is a video of an August 2017 AngelWing installation on an Ohio transport company trailer: Side Guards Save Lives; AngelWing Installation.

Another transport company recently posted about their installation of AngelWing side guards:

Of course, maybe the attorney is referring to the fact that none of the trailer manufacturers have a side guard “on the market” — despite the fact that DOT encouraged them to do so in 1970 (Exhibit 7 – 1970 gov’t req. for industry to develop side underride guards).

The Utility Trailer Manufacturer (UTM) lawyer was also quoted as saying, 

“In terms of a product that works, nobody has come up with something that doesn’t make the trailer more dangerous,” he said.

I’m not sure what he considers more dangerous than leaving motorists vulnerable to riding under trucks and having the truck shatter their heads and torsos — or put them at risk of a fiery death. The article does not give a clue as to his speculation in that regard, although I have previously responded to the industry’s stated concerns about side guards.

Another article, gives us a closer look at the attorney’s perspective:

 . . . two weeks of maddening arguments for and against side underride guards and the gruesome, painful details of how Riley died, screaming for help. . .

So gruesome was Riley’s death that jurors were told they did not have to look at photos of his charred remains.

A phalanx of attorneys for the California-based UTM, led by Jeffrey Croasdell, argued that side underride guards, which are not required by the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration, are ineffective, problematic, cost-prohibitive and unnecessary.

Moreover, he opined, a semitrailer fitted with such guards is even more dangerous than one without.

“You can’t force Utility to put a dangerous item on its trailers,” he said.  Parents hope verdict ‘a catalyst for change’

Unnecessary? Seriously, did he listen to two weeks of testimony and still make these statements to the reporters? What is he talking about? Did he cover his ears when Riley Hein’s terrible death was described? Did he not see the successful AngelWing crash tests? Would he have the trucking industry do nothing to prevent this unimaginable violence to the human body?

So what does this tell us about the trailer manufacturer’s defense team:

  1. Either he was misquoted by the reporters;
  2. Or he was very misinformed;
  3. Or he was not telling the truth — thereby misleading the public with false statements about a matter of life and death.

Well, I get that a defense attorney is paid to defend and that the trailer manufacturers, in 2004, actually signed a Joint Defense Agreement through the Truck Trailer Manufacturers Association (TTMA) to enable them to “counter these activities and defend these lawsuits effectively.” Over the years, I imagine that company engineers have likely faced the frustration of knowing that an engineering solution could be found but having their hands tied from moving forward with any substantial R&D.

I can’t change the past. But I can challenge the leaders of our federal government to take the bull by the horn and pass the STOP Underrides Act — as is — to give the green light to creative engineers and force the trucking industry to put on comprehensive underride protection (front, side, and rear) which will, at long last, protect vulnerable motorists, pedestrians, cyclists, and motorcyclists from horrific underride deaths and injuries.

And if our Congressional leaders do not take this action, what will that say?

 

It’s going to take an act of Congress to end underride once and for all.

Safety Advocacy, Truck Safety, , , , ,

Congress needs to wake up and understand that NHTSA has not responded to underride safety recommendations or petitions from NTSB or IIHS for decades. More recommendations from the GAO is not likely to do the trick. We have three branches of government for a reason, and part of the role of Congress is to say: do this or do that.

In this case, NHTSA has acted like a willful child who is going to do whatever they want.

  • Congress needs to take the bull by the horn and give NHTSA a clear-cut assignment: Proceed with comprehensive underride rulemaking in order to end preventable truck underride.
  • And this assignment needs to have specific deadlines so that NHTSA will not hem & haw and dawdle (slow as molasses) at the expense of countless underride victims.
  • Congress needs to make sure that NHTSA will be held accountable and collaborate with others to make the best use of the resources available.

Guess what. All of that will be accomplished when Congress passes the STOP Underrides! Act. A clear assignment with deadlines and a Committee On Underride Protection to facilitate timely and effective rulemaking.

It’s going to take “an act of Congress” to end underride once and for all.

“The longer Congress waits, the more people will die.” Next segment in @WUSA9 underride series.

Truck Safety, ,

Next episode in the WUSA 9 truck underride series by Eric Flack aired last night.

“The longer Congress waits, the more people will die. That’s the position of a leading auto safety group calling for new regulations on tractor trailers.”

Examining Ways to Improve Vehicle and Roadway Safety

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Examining Ways to Improve Vehicle and Roadway Safety – See more at: http://energycommerce.house.gov/hearing/examining-ways-improve-vehicle-and-roadway-safety#sthash.F4YzqjVb.dpuf

Joan Claybrook, Consumer Co-chair of Advocates for Highway and Auto Safety (Advocates) and former Administrator of the National Highway Traffic Safety Administration (NHTSA), spoke today to the COMMITTEE ON ENERGY AND COMMERCE, SUBCOMITTEE ON COMMERCE, MANUFACTURING AND TRADE:

“It is essential that NHTSA, the agency charged with ensuring the safety of our vehicles and our drivers, be equipped with both the appropriate resources and personnel to confront the myriad of emerging issues presented by new technologies. It is almost incomprehensible that the entire vehicle safety program for the U.S. has a miniscule budget of only $130 million, and it has barely increased over the last six years. It is both unfortunate and unnecessary that this agency is chronically underfunded by Congress even while its critical importance to public health and safety continues to expand. Congress has a moral obligation in the safety title of the six year reauthorization bill to give NHTSA the ability to do its job and to do it effectively. Our lives and those of our families as well as yours literally depend on it.”

 

Victims testify:

Car Safety Wars book cover

“The Trucks Are Killing Us”: Interesting Op-Ed by a former exec. at the American Trucking Associations

Truck Safety, , , , , , ,

Just read this Op-Ed in today’s New York Times:

http://www.nytimes.com/2015/08/22/opinion/the-trucks-are-killing-us.html?emc=edit_tnt_20150821&nlid=37926955&tntemail0=y&_r=0

Face-to-face with our congressman, George Holding, to discuss truck safety concerns

AnnaLeah and Mary, Truck Safety, , , , , , , ,

photo with George Holding

Earlier this month, I met with Congressman George Holding’s Constituent Services Representative, Doug Wegman, in Sharpsburg, North Carolina. I was the only one at the “Town Hall meeting” and was able to share the story of our truck crash and some of our concerns about truck safety. It seemed like a productive meeting.

I had emailed Congressman Holding’s office in June asking for an opportunity to meet with him while he was in recess in North Carolina. That never came about until I emailed my contact again early this week and repeated my request. I was then asked if I could meet with him in Raleigh on Friday, August 21, at 11:00 a.m.

Actually, that worked out very well (couldn’t have planned it better myself) because I was dropping our son off at the airport to go back to college in Texas that morning and then proceeded to the meeting with Holding. Doug Wegman was also there along with Holding’s District Director, Alice McCall.

I shared with Congressman Holding that I had grown up as a Republican and was quite surprised after our crash to find out that, in general, the Republican party line related to truck safety legislation consistently appeared to be pro-trucking industry and anti-safety. I am puzzled why there cannot be bipartisan solutions to these issues.

https://annaleahmary.com/2014/07/truck-safety-needs-bipartisan-support-protecting-its-citizens-is-one-of-the-basic-purposes-of-government/

His response — a typical one — was that Republicans generally oppose government involvement and regulation. The problem I have with that is the reality which I have painfully discovered that “safety is not an accident” — it doesn’t just happen by itself. Without rules and regulations and enforcement and justice and requirements, chaos and injury and death are more likely to occur.

At least I have not seen a better alternative. Have you?

However, thankfully, I came away from the meeting feeling that it was productive — a thought echoed by another son who attended with me. We had the opportunity to raise several truck safety concerns, including driver fatigue (electronic logging devices and hours of service), underride guards, and the minimum liability insurance for truckers.

We concentrated on the minimum insurance issue — which has not been raised — for 30 years and therefore certainly has not kept up with inflation. (Is that any surprise?!) The current level, $750,000, set in in the 1980s — adjusted for inflation — would now be more like $3.2 million for  the medical CPI adjusted level according to p. 11 from this document:  http://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Financial-Responsibility-Requirements-Report-Enclosure-FINAL-April%202014.pdf .

And the statistical value of life is $9.2 million: VSL Guidance-2013-2 DOT value of life

I had a binder put together to leave with Congressman Holding. It had numerous articles about the insurance issue, including what the opposition (the trucking industry) has been saying about premiums skyrocketing if the minimum liability is raised — from $5,000 to $20,000. I showed him what I had found out from a couple of insurance companies which indicates that it would be more likely to go up to maybe $9,000. A bit of a difference.

This kind of potentially inaccurate and misleading information has been publicly disseminated and has influenced many truckers (most vociferously by representatives of OOIDA, Owner-Operator Independent Drivers Association, which by the way happens to sell insurance to truckers,  http://www.ooidatruckinsurance.com/) and legislators. In fact, I showed him the House Roll Call in which he had voted to freeze the funding for FMCSA to study this issue — even though Congress had previously authorized them to do so.

I was gratified that Holding took the time to look over the roll call and examine the 10 Republicans who had supported the need to allow FMCSA to proceed with rulemaking on this issue. He indicated that he intends to make some contacts for us, asked Doug to write down some of the names and the people both in the Senate and House with whom he is willing to connect us so that we can continue to shed light on this concern and ensure that the truth of the matter is uncovered.

I was also appreciative of the District Director’s input. When we discussed our pursuit of underride research to support the improvement of underride guards, Alice McCall mentioned that they could help with some contacts at universities, among other things.

In addition, she asked me how to pronounce AnnaLeah’s name (An-na-Le-ah) and said that it was beautiful. I told her that AnnaLeah loved her name and its uniqueness–although she had planned on publishing any written works under a pen name. I had showed them Mary’s braids and said that I was thankful that the nurse saved them and gave them to us. I had also brought along a shoulder bag which AnnaLeah had knit from a pattern in her head.

It reminded me of the many triggers which daily life brings of the loss we bear; as we drove to Raleigh I had seen a car on the side of the road. There was something sitting on top of the trunk of the car and for some reason that reminded me of our car after the crash — demolished with broken bodies inside. And it took my breath away once more to think of AnnaLeah’s life instantly snatched away. And the joy and creativity that were abruptly cut short.

https://annaleahmary.com/2015/05/my-favorite-memories-of-annaleah-well-some-of-them/

Alice also mentioned that she has several daughters. And, I had noted that Congressman Holding has 3 young daughters and a son himself. It is helpful to know that people understand that this is not just a matter of corporate profit but a life and death matter which could happen to anyone at any time.

Interesting articles, letters, and documents on the minimum insurance topic:

All in all, we felt that we were heard and are hopeful that Congressman Holding is likely to make decisions and take actions in the future to positively affect road safety as a result of the time which we spent with him.

p.s. Just read an Op-Ed (by a former executive of the American Trucking Associations) in today’s New York Times: http://www.nytimes.com/2015/08/22/opinion/the-trucks-are-killing-us.html?emc=edit_tnt_20150821&nlid=37926955&tntemail0=y&_r=0

p.p.s. Just scanned this OOIDA brochure–found at a truck stop while we were on a road trip.

OOIDA brochure

 

p.p.p.s. Mary’s braids: 49 Mary's braids 016

p.p.p.p.s. AnnaLeah knitting one of her many creations. AnnaLeah at Lake Michigan 11

Had it up to here with the impact of political battles on the safety of travelers on the road!

AnnaLeah and Mary, Truck Safety, , , ,

Maybe its’s just me–and my frustrated opinion–but I have had it up to here with the impact of political battles on the safety of travelers on the road.

Just one example is the HOS (Hours of Service) Rules which have been debated forever and a day. Back & forth, back & forth–until what are we left with but an unenforceable mess of regulations and little accountability for truck drivers who are too often driving fatigued, under pressure to drive too many hours to make a living.

Washington DC 151

Then there is the provision which ties the hands of DOT to increase minimum insurance levels (not done for 35 years)–though they have already issued a lengthy report saying that it is necessary.

And don’t forget the increase in truck length (Double 33s). . . do we really want to share the road with them & will the drivers be trained to handle them?

http://www.roadscholar.com/content/2016-transportation-housing-and-urban-development-appropriations-bill

It seems to me that those who have crafted & approved the anti-safety provisions in the FY2016 THUD Appropriations Bill have either had the wool pulled over their eyes or care very little for the human lives that are ended on a daily basis–whose blood is spilled on the highways of our country.

https://annaleahmary.com/2014/07/truck-safety-needs-bipartisan-support-protecting-its-citizens-is-one-of-the-basic-purposes-of-government/

There has got to be a better way to move this mountain! It’s a matter of life & death.

certificates and pens 010