Tag Archives: side guards

NHTSA Failing To Educate Stakeholders On Underride

The National Highway Traffic Safety Administration states that their mission is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes, through education, research, safety standards, and enforcement. They seem to do a decent job of informing the public with a webpage on driver assistance technologies. However, the NHTSA Truck Underride Page only contains a very short list of studies. This is the extent of entries on that page:

For a century-old problem, there is actually a wealth of research, reports, and recommendations available. As a national traffic safety leader, NHTSA could be a source of all things underride. In fact, by posting a broader set of underride specific information, NHTSA could make use of their website to better inform and inspire all stakeholders at the same time without fear of unfairly communicating with one stakeholder. This would fulfill the first purpose of the Administrative Procedures Act which “requires agencies to keep the public informed and up-to-date on agency activities.”

On September 2, “TEAM Underride” met via Zoom to discuss how we could aid NHTSA in that mission by making recommendations for additions to the NHTSA Truck Underride Page. In an attempt to be helpful, TEAM Underride participants briefly brainstormed ideas for what we thought would be useful to add to the NHTSA Truck Underride webpage, including:

That would be a good start. And we’re more than willing to help in whatever way we can to get this resource development underway.

Side Guard Cost Benefit Analysis Presentation

A detailed cost benefit analysis of truck side guards was presented on August 26 at a TEAM Underride Zoom meeting. Eric Hein, father of 2015 side underride victim Riley Hein, originally completed this report in May 2021 and submitted it to NHTSA. In May 2022, he updated the analysis and report and again submitted it to NHTSA for consideration. See it here:

A cost-benefit analysis provides estimates of the anticipated benefits that are expected to accrue over a specified period and compares them to the anticipated costs. USDOT guidance ensures that the economic costs and benefits of road safety measures can be monetized and compared, leading to informed decision making. Delve into this cost benefit analysis to see how Eric arrives at these conclusions:

  • Over 15 years of phasing in, SUGs on new semi-trailers would save at least 3,560 lives and prevent 35,598 serious injuries.
  • An SUG with an aerodynamic skirt would offset their entire cost in the first year.
  • A SUG regulation is cost effective because the benefits of side underride guards substantially outweigh the costs.

Then answer the question: Should Secretary Buttigieg be able to determine that a side guard regulation would be cost-effective and therefore is “warranted”?

Unguarded and Unsafe: Death by Underride

Hein V. Utility Trailer Manufacturing Company: Jury Sends a Message to Trailer Manufacturers About Side Underride

Update on Underride Protection Progress

In July 2022, eight years after our original petition was delivered to the Department of Transportation, the National Highway Traffic Safety Administration (NHTSA), whose mission it is to save lives, prevent injuries, and reduce economic costs due to road traffic crashes, through education, research, safety standards, and enforcement, took the following actions related to underride protection:

In this crash test video, the top test shows what IIHS has proven possible, the bottom test shows what the 2022 rule will require:

By refusing to revise the December 2015 NPRM to the TOUGHGuard proven level of strength, NHTSA has demonstrated an unwillingness to require that all manufacturers install these stronger guards as Standard on new trailers. To state the obvious, the result is that manufacturers may continue to offer these guards as an Option, thereby allowing the ongoing production of trailers — into the future — with guards having a known unreasonable risk of Death By Underride. How do they sleep at night knowing that their meaningless rhetoric and regulatory malpractice means many more innocent people will needlessly die?

This is nothing less than a reckless disregard for human life.

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

“A Safety Rule, A Fatal Flaw”; Industry Discussed Underride Rules in 2000

This week, I discovered a U.S. News & World Report article, published on October 2, 2000, entitled, “A Safety Rule, A Fatal Flaw.” I find it enlightening that the trailer manufacturers conceded twenty-two years ago, “underride guards can save lives.” They further admitted that if they had some guidance on technical specifications from the National Highway Traffic Safety Administration (NHTSA), then they could add side guards to trailers. But the manufacturers were unwilling to spend money doing so unless they were required to install them.

How many lives could have been saved if the U.S. Department of Transportation had acted decisively at that time and initiated side guard rulemaking? Perhaps more to the point, I’d like to know if Secretary Buttigieg will act boldly now to end these senseless, preventable deaths by determining that a side guard regulation is warranted?

Back of the Envelope Math: How many side underride deaths since March 19, 1969?

Another Side Guard On The Road

It is not often that you get the opportunity to work with a great crew of people (Aaron Kiefer, Marcus Gainer, Quentin Beverly, Robert and James Gilmore, and Hyle Herwick) to accomplish something that is so meaningful, and life-saving. But I was truly blessed today to have that happen. 

The Carolina Trucking Academy, owned by Charlie and Donna Gray, has been one of the biggest supporters of our efforts on this journey we have been on for years in helping prevent death by underride. Today we were able to place an AngelWing side guard on one of the Academy’s trailers.

It was, once again, an engineering challenge as the trailer was shorter than the normal 53-foot trailers we normally work with. But Aaron Kiefer — as always — came up with the modifications which were required.

Marcus went to work on the Academy trailer — cutting the holes required in the cross members for fitting the support beams in place. Meanwhile, the rest of us started the process of removing the AngelWing from the underride research/storage trailer and preparing it for its new home on the Academy trailer. Each section of the guard was carefully removed, with every bolt, nut, and washer lined up in readiness for the installation.

With dedicated teamwork, we were able to complete the installation of the AngelWing side guard on the Academy’s trailer. So now this life-saving device will be on the highways and byways in and around North Carolina –demonstrating not only great driver training but also the commitment of Charlie and Donna to have the safest equipment on the road.

Jerry Karth

Cohen, Gillibrand Call on DOT to Act Expeditiously & Implement Provisions from Their Stop Underrides Act Included in the Bipartisan Infrastructure Package

The American people, whether they know it or not, have already waited too long for DOT to take decisive action to stop underride tragedies. That’s why it’s encouraging to see Congress putting DOT on notice to move forward with the Underride Mandate. Yesterday, they sent a letter to Secretary Buttigieg:

Congressman Steve Cohen (TN-09) and Senator Kirsten Gillibrand led 25 of their colleagues in a letter urging Department of Transportation (DOT) Secretary Pete Buttigieg to swiftly execute the provisions from their Stop Underrides Act, which passed in the Infrastructure Investment and Jobs Act. press release

The letter encourages DOT to act swiftly to release the Final Rear Underride Guard rule with IIHS TOUGHGuard strength and issue an Advanced Notice of Proposed Rulemaking (ANPRM) in order to allow the Public to comment on side guards, as well as urging them to, “expeditiously establish the Advisory Committee on Underride Protection and to complete the life-saving side guard research which we hope will lead to a proposed rule on side guards. Together these provisions will help save lives and aim to prevent passenger compartment intrusion from crashes with trucks.”

Senator Gillibrand summarized it well, “Every day we don’t act, we are losing an opportunity to save the lives of innocent Americans.”

Read the Press Release here.

Read the DOT Underrides Implementation Letter here.

Five Years Have Passed Since the Historic IIHS Side Guard Crash Test

The Insurance Institute for Highway Safety (IIHS) conducted an important crash test on March 30, 2017. They crashed a car at 35 mph into the side of a trailer equipped with AngelWing side guards. This crash test was later repeated successfully at 40 mph at the Second Underride Roundtable on August 29, 2017. It was official. Deadly side underride tragedies could be prevented.

What seemed perhaps even more significant was the fact that the following day, March 31, 2017, the IIHS conducted a second crash test into the side of a trailer — only this time, there was no side guard. The stark contrast of the two crashes was captured on film for all to see. Who could argue the benefit of this feasible feat of engineering technology?

Apparently it has not been enough to convince everyone, as we are still struggling to bring this uphill battle to an end five years later. Pray that Pete Buttigieg, the Secretary of Transportation, who is tasked by Congress with making a determination this year, will conclude that saving lives is worth the cost to require trailer manufacturers to equip new trailers with side guards. Otherwise, the inaction of industry and government will allow the senseless, violent slaughter of unprotected road users to continue day after day, year after year — while engineering solutions sit on the shelf gathering dust.

Back of the Envelope Math: How many side underride deaths since March 19, 1969?

Guided Tour of the Truck Underride Exhibit at the IIHS:

Back of the Envelope Math: How many side underride deaths since March 19, 1969?

If you had to guess how many people have died from truck underride, or more specifically from side underride, since DOT talked about side guards on March 19, 1969, what would you say? Well, nobody can say for sure, but I did some Back of the Envelope Math today — using the National Highway Traffic Safety Administration (NHTSA) Fatality Analysis Reporting System (FARS) undercounted underride death data.

Here’s what I came up with: Back of the Envelope Math — Estimated Underride Deaths 3/19/69 – 3/19/22

Why would we equip some trucks to prevent rear underride but not side or front? And why not equip ALL large trucks with available underride prevention technology?

It might not be exact, but it certainly is revealing.

53 Years or 19,358 days

Fifty-three years ago, the Department of Transportation published their intention to add underride protection to the sides of large vehicles after the completion of technical studies. That was on March 19, 1969. In less than a week, 19,358 days will have passed. Surely there’s been enough time to complete research on this long-overdue rulemaking.

So I’m thinking that it isn’t unreasonable to expect NHTSA to make the Underride Initiative a high priority — especially since President Biden signed a bill on November 15, 2021, which included a requirement for the Secretary of Transportation to complete side guard research within a year and then to make a determination as to whether a side guard regulation is warranted.

It might even be a good idea for NHTSA to issue a Request for Comments (RFC) right away — to give the Public a chance to comment on the costs and benefits of adding side underride protection to large trucks. Shouldn’t Secretary Buttigieg want access to as much information as possible when he makes his decision by November 15, 2022? It is, after all, a matter of life & death.

“In both tests, a midsize car struck the center of a 53-­foot-­long dry van trailer. In the AngelWing test, the underride guard bent but didn’t allow the car to go underneath the trailer, so the car’s airbags and safety belt could properly restrain the test dummy in the driver seat. In the test with no underride guard for protection, the car ran into the trailer and kept going. The impact sheared off part of the roof, and the sedan became wedged beneath the trailer. In a real-­world crash like this, any occupants in the car would likely sustain fatal injuries. March 2017 IIHS Side Crash Tests at 35 mph; 8/29/17 40 mph crash test

Underride Victim Photo Memorial: The Tip of the Iceberg

How many people have died from side underride in 19,358 days?

Can the Insurance Industry Help End the Unfair Fight of Truck Underride Tragedies?

Today is #MLKDay. Mary loved that day because it was a special holiday which she liked to think was in honor of her — Mary Lydia Karth. And Mary loved holidays. Unfortunately, her life was abruptly ended after only fourteen celebrations of that holiday. It was “an unfair fight” on May 4, 2013 — our car against a tractor-trailer with a too-weak rear underride guard.

Karth crash scene, May 4, 2013

The National Association of Mutual Insurance Companies (NAMIC) recently wrote about our story, our advocacy, and that Unfair Fight which has already claimed too many lives and continues to do so nearly every day:

An Unfair Fight – Winter 2021 IN magazine

We’re hoping that insurance companies will catch the vision that they, too, can play an important role in advancing underride protection by providing financial incentives for installing the best possible protection. Let’s end this unfair fight and STOP Underrides!