Tag Archives: side guards

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

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

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

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

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

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

Underride Included in Senate Bipartisan Surface Reauthorization Bill Introduced Today

GOOD NEWS: The Senate Commerce Committee just released the text of their Infrastructure Bill today.

It has an Underride Section which is very similar to the House T&I Committee’s Bill — not the full STOP Underrides Bill because it leaves out Front Underride Protection and Single Unit Trucks and doesn’t mandate side guards, only says to do research and develop a standard, if warranted.

But it is definitely more than we’ve ever had and we’re hoping that DOT is already motivated to take action. However, if you have been following the Infrastructure Bill in the news, nobody knows how it is going to be paid for — and that could hold things up!

Here’s a link to the Bill: https://www.commerce.senate.gov/…/ACEB4B07-B232-4176…

And here’s a link to the Underride Section: https://annaleahmary.com/…/Underride-Section-of…

Here’s an article in the media: https://www.commerce.senate.gov/…/cantwell-wicker…

Here’s an article on the House version: After 19-Hour Markup, Committee Advances Two Major Pieces of Bipartisan Legislation to Modernize America’s Infrastructure, Create Jobs, and Restore U.S. Global Competitiveness

After all, it’s only been 19,076 days since DOT said they were going to add side guards!

Collaborative Discussion of Side Guard Challenges on Specialty Trucks

I was very pleased with the collaborative discussion which took place via Zoom on Monday, March 29, 2021, regarding the challenges of adding side guard safety technology to specialty trucks. Participants included primarily engineers and small companies who have been working on researching, designing, and/or marketing solutions to the underride problem. The meeting was also quietly observed by families of underride victims and administrative officials from the Federal Motor Carrier Safety Administration (FMCSA).

Here is a summary of the discussion regarding the challenges of installing side guards on a variety of large trucks:

Discussion of Side Guards for Specialty Trucks – Underride Engineering Subcommittee

I have heard comments, in the past, that individuals and companies, which are designing, testing, and marketing innovative underride protection technology, are just in it to make money — as if they shouldn’t be trusted. I have found this to be far from the truth. I have observed selfless commitment to staying the course for the long haul to bring about solutions to a deadly problem which has been swept under the rug for far too long — with little hope, along the way, that there would be either a mandate or widespread voluntary adoption. Despite the decades of uncertainty, these resourceful people have held fast to this impossible dream.

The friendly and informative discussion among what-might-be-considered competitors was productive and appreciated. I hope that this meeting’s cooperative interaction to reach a shared goal is a foretaste of good things to come.

Will NHTSA & NTSB Address Side Underride Factor In Latest Tesla Crash Investigation?

I have again requested that NHTSA and NTSB address the side underride factor in their investigation of yet another Tesla side underride crash.

The U.S. auto safety agency said on Monday it is investigating a crash in Detroit on Thursday involving a Tesla that became wedged underneath a tractor-trailer and left a passenger in critical condition. U.S. safety agency probes ‘violent’ Tesla crash in Detroit

After the investigation of Joshua Brown’s widely-publicized side underride death in May 2016, I asked NHTSA to provide me with their Fatality Analysis Reporting System (FARS) report on his crash. What I discovered was that his crash was coded as “No Underride or Override Noted.” Joshua Brown/Tesla Side Underride Crash Coded as “No Underride” in FARS Data

It has been confirmed by the GAO that underride deaths are undercounted. We all know that ghastly underride deaths happen way too often. Will we seriously allow the lack of an accurate count to stop us from using proven engineering solutions to make sure that there are no more senseless Deaths By Underride?!

Should we be concerned about side guards getting hung up on railroad tracks?

I keep hearing members of the trucking industry bring up the possibility of side guards on trailers getting hung-up on railroad tracks. They point to it as a reason to not require side guards on all new trucks. Is that a valid concern? And where is their documentation?

So, who could oppose the idea? The American Trucking Associations. Dan Horvath, vice president for safety policy, told me that the guards would be an expensive burden that would divert investment from better safety improvements and possibly cause trucks to get hung up at railroad crossings. Car Collisions With Big Rigs Don’t Have To Be So Deadly

When someone voices a concern, I immediately investigate the truth of the matter. On this issue, I received information, in 2019, from someone who had looked into this potential problem extensively. This is what he told me:

It may be a deeper dive into the weeds than you care to make, but attached is a compilation of all railroad grade crossing accidents compiled by the Federal Railroad Administration for the past 5 years.

2014-2018 RR Crossing Data (2)

. . . I see, in the last five years, for the population of trailers we currently have including the  lowboys, car haulers, cattle haulers, beverage trailers, etc there have been ZERO fatalities coded as truck-trailer stuck on track.  

Even if one were to assume a side guard at 18 inches high would create more hang-ups and accidents – and the standards on grade crossings say they won’t – it is just not a statistically frequent fatal or injurious event in comparison to side underrides. Maybe this is why the NTSB, the one responsible for investigating significant rail transport accidents, still recommended side guards for trailers.

Here is a federal database of railroad crossings. How could a trucking company and their drivers use this information to plan their route to avoid potentially hazardous hang-ups? Highway/Rail Crossing Database Files

This 2002 West Virginia University provides useful information for this discussion. Low-Clearance Vehicles at Rail-Highway Grade Crossings: An Overview of the Problem and Potential Solutions

“It is interesting to note that ground clearances as low as 2 in. were identified. Although not included in the data base, it was reported to the researchers that some low-boy trailers operate with as few as 3 in. of ground clearance for a 47-ft wheelbase.

. . . a truck with a wheelbase of 30 ft and 6 in. of ground clearance will still experience problems; however, the magnitude of the problem is not as severe”

Two things are interesting about that: (1) the CMVs with that very low ground clearance would not need a side guard and (2) side guards do not go so low as the vehicles mentioned, which are the ones with the severe hang-up problems.

More thoughts on that research: A 2002 Study by the West Virginia University showed that trailers and trucks must be much lower to the ground than an underride guard to hang up on regulation railroad crossings and driveway and dock slopes.  One need look no further than how low semi-tractors are to the ground, or low-boy trailers. or car hauling trailers, to dispel the notion an underride guard at 16 to 18 inches from the ground cannot operate safely over the road. Perry Ponder

Here are some suggestions for truck drivers:

P L A N N I N G A S A F E R O U T E When possible in planning your route, select a route that contains the fewest highway-rail grade crossings. When it is necessary to cross tracks, select the safest crossings—those that offer the best sight distance (no obstructions to your clear line of vision down the tracks). Select crossings that offer you enough containment or storage area for you to stop at a stop sign or stoplight directly across the tracks. Allow enough space for your truck to fit on the other side without overhang onto the tracks. Be especially careful at passive crossings (those without gates, flashing lights, bells). At these crossings it will be up to you to judge if a train is coming without the assistance of electronic equipment.

If your truck does gets stuck on a crossing, you need to take two actions: 1. Get out of your truck IMMEDIATELY. The quicker you act, the more likely you’ll be able to alert the railroad to avert a tragedy. 2. The Emergency Notification Sign you noted on your review of the crossing contains a phone number to the railroad. Call it. Explain your location, including the DOT number listed on the sign. If there is no sign, call the local authorities or 911. RailroadCrossingSafetyforCommercialMotorVehicles

And here’s some Low Ground Clearance Signage. Let’s not act like problems aren’t there to be solved! Engineers love to solve problems!

Oh, by the way, check out the feedback from four trucking companies who have pioneered the use of side guards on their trucks. Have they had problems getting hung-up on railroad tracks?

Transport Companies Provide Feedback on Side Guard Operational Issues

I asked these companies to let me know how they deal with the railroad crossing problem. Late last night, I received a reply:

“If you can cross a railroad with any modern aerodynamic truck with side fairings and rubber skirts, you can cross it with a truck with side underride protection! I never had a problem!
 
You plan your route with trucking GPS and drive with common sense, and there is no problem!
 
Car haulers are low and have railroad crossing problems; underride protection is not a problem! It does not reduce ground clearance more than frequently used spare tire carriers and toolboxes, pallet storage etc.
 
Livestock and moving company trailers, step deck trailers are way lower than underride protection.” Ferdinand Heres, Heres Transport
 

In the end: What is worse than Death By Underride?

UPDATE, May 21, 2021: Don’t blame side guards when trailers get hung up.

Tractor-trailer stuck on railroad tracks along Route 2

UPDATE, March 16, 2022: “They say that tractor-trailers should not cross there because they have the possibility of getting stuck.” In other words, in general, tractor-trailers should avoid such crossings. Don’t use this as an excuse to stand in the way of a side guard mandate. Side guards save lives.

Tractor-trailer stuck at railroad crossing in Dunbar

Truck Underride Victims & Families Host News Conference for STOP Underrides Act Introduction

On Monday, March 8, truck crash victims’ families hosted a news conference to discuss their stories and the recent introduction of the STOP Underrides Act of 2021 — on March 4, 2021 in the Senate and March 8 in the House.

If you missed this important event, here are some useful underride links & resources:

Video recording of the News Conference:

It is a well-known fact that underride crashes (and, therefore, underride deaths and injuries) are undercounted. Investigating officers & reporters can help to improve reporting on underride crashes and deaths. Here are some tips, which we’d like you to consider: Truck Crash Investigation Underride Evaluation Checklist (2021)

We know that the trucking industry has expressed concern about potential operational issues which could occur when side guards are installed on large trucks. In order to address those concerns, we asked several trucking companies to give us feedback about their experience after installing side guards on their tractor-trailers. This is what they told us:

A Timeline of Underride:

Underride Victim Photo Memorial Slideshow – the tip of the iceberg:

Transport Companies Provide Feedback on Side Guard Operational Issues

We know that the trucking industry has expressed concern about potential operational issues which could occur when side guards are installed on large trucks. In order to address those concerns, we asked several trucking companies to give us feedback about their experience after installing side guards on their tractor-trailers.

This is what they told us:

Letter from Glenn Berry, Thomas Transport

Letter from Ferdinand Heres, Heres Transport

Letter from Richard Camden, Prest XsPress

Audio interview of Chris Brock, leasing a fully guarded trailer

A fully-guarded trailer hits the road – ready to STOP underride!

Engineering ingenuity and a lot of hard work went into the research, development, and installation of this fully-guarded trailer system. This week, a small carrier in North Carolina became part of our pilot program. We are thankful that they have agreed to provide us feedback on this #SaferTruck as they drive it on the road to carry out their transport business.

What does fully-guarded mean? It means that every part of the trailer — at the rear and both sides — is covered by equipment which has been installed to prevent a car (or pedestrian, biker, or motorcyclist) from going under the trailer in the event of a collision.

This “hybrid” safety system combines devices which have been crash tested to prevent a car from riding under, including an AngelWing metal side guard installed behind the landing gear, a SafetySkirt polyester webbing where the AngelWing ends and extending over the rear axle — fastening to the Rear Impact Guard (RIG) Retrofit attachment, which reinforces and strengthens the existing rear underride guard (otherwise known as a Rear Impact Guard or RIG, ICC Bumper, or Mansfield Bar).

Oh, and did I mention that this system includes a side skirt for fuel savings?

This retrofitted trailer proudly displays the #SaferTruckAward decals:

Underride Crash Victim Memorial Posts

Fully-guarded trailer
View from under the trailer of SafetySkirt attached to Rear Impact Guard Retrofit
RIG Retrofit plus SafetySkirt

AngelWing side guard in action: