Tag Archives: side guards

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.

May 4, 2013 seems like just yesterday; has anything changed?

There’s no easy way to get through that time of year when we remember how AnnaLeah & Mary were suddenly snatched from this earthly life. How can it have been ten years ago? May 4, 2013 seems like just yesterday.

Read this post all the way through to find out what advances have come about, or skip to the end to find out how you can help. Despite our loud voices continuously raising awareness and pushing for change, progress has been painfully slow. But these are some actions which the USDOT has taken:

  • Rear underride guards are now on the annual commercial motor vehicle inspection checklist (rule issued by FMCSA in December 2021). This is important because poorly-maintained rear guards increase the chance of crash severity.
  • After beginning work on an improved rear guard rule in December 2015, in response to our 2013/2014 petitions, the National Highway Traffic Safety Administration (NHTSA) finally issued an improved rule in July 2022. Incredibly, it fell short of requiring that the guards had the full strength already proven possible by the IIHS testing of nine major trailer manufacturers! We have petitioned NHTSA to reconsider this ill-advised decision.
  • NHTSA began taking applications for membership on an Advisory Committee on Underride Protection (ACUP) in July 2022. They finally announced the selected committee members in April 2023. The first ACUP meeting will take place virtually on May 25. I’m thankful that I will, at last, be able to sit “around the table” with a diverse group of stakeholders to hammer out reasonable solutions to this century-old problem.
  • Simultaneously with the ACUP announcement, and in advance of receiving any recommendations from the Advisory Committee, NHTSA published an Advanced Notice of Proposed Rulemaking (ANPRM) for a potential side guard regulation. Their cost benefit analysis is based on questionable data and concludes that a side guard regulation would not be cost effective. We are working hard to provide more accurate information in order to correct the CBA in favor of saving lives.

“How can I help?” I thought you’d never ask!

  • Pray for the ACUP members and for this process to produce meaningful outcomes.
  • Only 17 states have an UNDERRIDE FIELD on their state crash report form. This contributes to underreporting of these deaths. By 5:00 p.m. EST on MAY 3, submit a simple, brief Public Comment here. Tell NHTSA you want them to require (not merely suggest) that states have an Underride Field (and which indicates whether it was front, side, or rear) on their crash report form.
  • By June 20, submit a Public Comment on the side guard ANPRM here. Tell them why you think that there should be a side guard regulation (simple reason: To Save Lives).
  • Tens of thousands of underride victims have been a nameless group whose senseless deaths have been swept under the rug for decades despite the ingenuity of engineers to prevent horrific underride. No more. We would like to remember these Precious Ones Gone Too Soon in a special way. We hope to receive permission from the USDOT to install a Commemorative Bell of Hope at their office building in Washington, D.C. We will be organizing a day In Memory of Underride Victims — to ring the bell and call out the names of individuals who lost their lives to underride. We do not know every name, but we will include as many as possible. If you would like to contribute to the purchase of this bell or participate in this event, please let me know by writing to me at marianne@annaleahmary.com.
Side Guard Crash Test in Raleigh, September 2022
To remember how AnnaLeah & Mary lived — full of love & laughter — not merely how they died.

What Do Baseball & Truck Underride Have In Common?

Now, I’m only a Cubs fan by marriage. Early on in that marriage, I learned what a die-hard fan is and joined the club. But I’m not as familiar with historical details as my husband. Like, what’s with the 1969 Cubs?

However, I have become acquainted with truck underride history and know that, in 1969, our U.S. Department of Transportation was working on rear underride guard rulemaking — though it never became law until 1996 — and said that they intended to add side underride protection on trucks. Never happened.

After losing AnnaLeah and Mary in 2013 due to rear underride, I was, of course, very interested in the updated rear underride guard rule in July 2022. In fact, I was quite disturbed to learn that NHTSA blew an opportunity to require a level of underride protection proven possible by the Insurance Institute for Highway Safety and nine trailer manufacturers, who were given the TOUGHGUARD award — further evidenced as technically feasible by the survivor of a 2017 rear end truck crash.

Imagine my further consternation when I learned that at least part of the basis for that July 2022 Rear Impact Guard Rule was a NHTSA “engineering judgement concern” for “potential rotation outboard.” What that means is that if the rear guard were stronger at the outer edges of the tractor trailer, that is strong enough to prevent underride, then the car upon collision might rotate or spin out into traffic and collide with another vehicle causing a secondary collision — what the industry dubs “unintended consequences.”

Rear Retrofit Crash Test

Ha! The reality is that a secondary crash such as that would be so much more likely to allow the crashworthiness features (crumple zone, airbags, seat belt tensioners) of the involved vehicles to protect the occupants as intended. Was that really their rationale? Allow people to die under a trailer so that some other fender bender, i.e., non life threatening crash, wouldn’t occur?

I asked an engineer at a university to weigh in on this concern during a February 24, 2023, Friday brown bag lunch TEAM Underride Zoom discussion. Here are the rather garbled notes I jotted down: . . . fear that it would go out into the traffic; misplaced fear; projecting less inertia as it is deflected out from hitting truck — missing the fact that there is no catching equipment on a trailer — energy absorption — the trailer does not catch the car. If it collides at the rear corner, With or without guard it will rotate. The reason rotation takes place. . . because it is the 30% offset. Unintended Consequences.

I asked him to write up his thoughts for me to share and Jared Bryson, Smart Road Operations and Mechanical Systems Innovation Director at Virginia Tech, graciously and creatively obliged.

Baseball & Underride

I’d say that well-thought out explanation should be taken into consideration during a careful review of the July 15, 2022 rear underride guard rule and the questionable (my words) NHTSA decision to decline from requiring life-preserving underride protection at the outer edges of the guard. It’s guaranteed to mean the difference between life & death for more than one person in the days ahead.

Why are we working so hard to get weak rear underride guards replaced?

FARS Coding of a Sample of Rear Underride Crashes

LPD+ Saves Lives; But what’s an LPD+?

Words have power. Words convey meaning. Let’s choose words which will enhance understanding and catalyze life preserving action.

Take the word #underride for example. How many people realize that an underride guard is a “simple” engineering device which — if properly designed and installed — can prevent a passenger vehicle, as well as pedestrians, bicyclists, and motorcyclists, from ending up under a truck in the event of a collision?

For over a century now, despite industry and government awareness of the problem, underride tragedies have been allowed, for the most part, to go unchecked. Amazingly, a 1915 patent for a safety device to prevent side underride predates the first patent for a traffic signal filed in 1922:

Safety Device for Motor Vehicle” to prevent side underride, 1915 Patent

Unfortunately, there has been too much confusion about the gaping space below a truck’s floor which leads to horrifying injuries when there are collisions with the front, side, or rear of a large truck — not to mention too little action taken to correct that dangerous design. One misunderstanding that I’d like to clear up relates to side underride.

Lateral Protection Device (LPD) is a term coined for equipment installed on the side of a truck to prevent Vulnerable Road Users (pedestrians, bicyclists, and motorcyclists) from being swept under. It is not designed to stop a passenger vehicle from going under. A Side Skirt is a relatively flimsy device, which is designed to improve aerodynamics and save fuel; it is not designed to prevent underride. A Side Underride Guard (SUG) or Side Impact Guard (SIG), on the other hand, is designed to prevent a passenger vehicle from going under a truck. Thankfully, it will also protect Vulnerable Road Users from being killed under a truck. And, by the way, it adds to the fuel savings of side skirts.

That is why a SUG or SIG can rightfully be called a LPD+; it does what an LPD is meant to do — and so much more. Why on earth would we require or install equipment on the U.S. fleet which is less effective than a LPD+ that is designed to protect All Road Users? *

Unbelievably, all we have at present is a patchwork quilt of underride standards, or lack thereof, in this country. It’s high time that our nation’s highway traffic safety agency step up to the plate. @NHTSAgov, make wise and timely use of the Advisory Committee on Underride Protection to provide guidance which appropriately defines and regulates underride devices — thus fulfilling your mission to reduce emissions and save lives. Otherwise, we can expect more of the same: Death By Underride day after day, year after year.

Underride Guards Save Lives

* The term LPD+ was suggested by Garrett Mattos on December 2, 2022, during a Zoom discussion among underride experts and advocates collaborating together as TEAM Underride to advance the implementation of engineering devices to prevent Death By Underride for All Road Users.

Partners in the STOP Underrides Crash Test Tour

We are thankful for The Law Firm for Truck Safety, who graciously offered to match all donations up to $25,000 for the STOP Underrides Crash Test Tour. We welcome contributions of any size and wish to recognize all of our Business Partners and TEAM Underride Partners here.

Note: This is a work in progress; partners will be added as they join — although I might fall behind in getting them recorded! If you don’t see your name, or don’t receive a receipt, please let me know at marianne@annaleahmary.com.

How You Can Help TEAM Underride:

  • Contact us at marianne@annaleahmary.com, if you would like to become involved in planning and/or participating in the Tour.
  • For instructions on how you can donate to AnnaLeah & Mary for Truck Safety, a 501(c)(3) non-profit organization, contact us at: marianne@annaleahmary.com.
  • Donations can also be made on Facebook HERE.

Business Partners

Learn about the companies that have donated expertise, facilities, financial support,  and materials to this project for the saving of many lives.

      Academy of Truck Accident Attorneys       

 Maverick MetalWorks    AngelWingSkirts.com    TrailerGuards.com   

  Institute for Safer Trucking         StopUnderrides.org      Swenson & Shelley, PLLC

TEAM Underride Partners

Lois Durso-Hawkins and Mark Hawkins

In Loving Memory of Roya Sadigh

Aaron Kiefer

Trista Jean

Peggy Kiefer

Anthony Mastriano

Daniel Michel

Reshard Alexander

Successful Side Guard Crash Test in Raleigh

While we wait for the National Highway Traffic Safety Administration at the U.S. Department of Transportation to complete their side #underride research this year, we continue to do our own research to demonstrate how deadly underride can be prevented. On September 13, we did a crash test in Raleigh at 35 mph into Aaron Kiefer’s (Collision Safety Consulting) latest side guard design.

The crumple zone worked to prevent Passenger Compartment Intrusion (PCI). The windshield didn’t even crack. The airbag deployed. It was a smashing success!

As Aaron Kiefer reflects on the future, he is encouraged that the industry is starting to listen. He points out how we’ve proven that preventing side underride is possible, practical, and reasonable. He observes that we are at the edge of the beginning of the end of side underride tragedies. Aaron is hopeful that both the manufacturers and NHTSA will take note and find a way to move this forward in a timely fashion. “It’s a great time for underride safety,” says Aaron.

Raleigh engineer creating, testing truck underride crash barriers

Other media coverage:

There’s only one way to know if this safety device for trucks works: Crash a car into it: https://www.newsobserver.com/news/local/article265716861.html

Watch a crash test of a new safety guard for tractor-trailer trucks https://www.newsobserver.com/…/local/article265742746.html

‘At first glance, it’s fairly effective’: Raleigh engineer creating, testing truck underride crash barriers https://www.cbs17.com/…/at-first-glance-its-fairly…/

We are grateful to so many people who made this important event possible and successful, including:

  • the amazing volunteer crash test crew;
  • the North Carolina State Highway Patrol for the use of their training facility, grounds, fire truck (to fill the water barricades), and general assistance to make it happen;
  • Copart for providing us with a crash car, including drop off and pick up after the crash;
  • Area Wide Protective (AWP) traffic control services for providing us with the use of water barricades and skinny drums to provide a safety zone for spectators and camera crew;
  • Dean’s Wrecker Service for transporting the crash trailer to the crash test site;
  • Accident Research Specialists of Cary for their expertise in crash test preparation;
  • Maverick Metalworks for their custom-design metal components for the side guard system;
  • Cargo Control USA of Sanford for the polyester webbing; and
  • Sonia Barnes for coming to view the crash test on behalf of Congressman David Price.

Remembering AnnaLeah & Mary, & countless others.