Tag Archives: trucking industry

Unguarded: Death By Underride

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

Should industry be self-regulated for safety?

Perhaps your political leanings favor self-regulation rather than imposing regulations upon industry. But what do you do if that industry has opposed life-saving measures for fifty years and thousands of people die as a result?

Like a UK Committee argued about the tax industry, might you conclude that, “Government needs to take a more active role in regulating the [trucking] industry, as it evidently cannot be trusted to regulate itself”?

History of Underride Timeline at the Underride Roundtable, May 5, 2016 at the IIHS
Karth Rear Underride Crash, May 4, 2013

Industry opposition to life-saving measures deepens my grief. Peace in my soul & pain in my heart.

There is peace like a river in my soul but pain does not leave my heart. The ongoing inaction and opposition of the trucking industry, to solutions which could prevent such grief for others, does not make it any easier. In fact, the frustration and anger it stirs up is one more grief too hard to bear.

The power of misinformation and subtle suggestions have the power to sway and delay decisive action. This has gone on far too long. May truth and mercy prevail.

To still my soul in the midst of this raging battle, I am reminding myself of the joy and love of life shared by my daughters during their short time here on this earth before their lives were so abruptly ended by a preventable truck underride crash.

Mary loved to capture every moment on her camera–from the mundane to the amazing. That included our walk on the trails of Battle Park on a beautiful day in January 2013 in her new home of Rocky Mount, North Carolina. Mary’s photo story of the walk with her sister, AnnaLeah, dad, and mom is set to Horatio Spafford’s well-known hymn, “It Is Well With My Soul.” Fitting in so many ways. Peace like a river attendeth my soul.

Photography by Mary Lydia Karth (and her mom)

“Up against [a tobacco] industry that has just completely disregarded human life”

Fair Warning recently published an article on litigation related to the tobacco industry. Do you detect  startling similarities to the disregard for human life by the trucking industry’s inaction on the underride problem?

Rosen said he expects to litigate tobacco cases for the foreseeable future. “To me these are the best cases to represent people and go up against an industry that has just completely disregarded human life and consumer safety,” he said. “The companies just look at their bottom line at the expense of consumers who didn’t really understand what they were getting into.”  Florida Still a Dismal Swamp for Cigarette Makers Fighting Death and Injury Claims

Underride Question: Litigation or Legislation?

My knee-jerk reaction to the ATA Letter of Opposition to the STOP Underrides! Bill

The American Trucking Associations (ATA) sent a letter, on June 4, 2018, to the sponsors of the STOP Underrides! Bill — including Senator Gillibrand — listing the reasons that they are opposing this life-preserving legislation.

ATA letter to Commerce TI on Safety and the STOP Underrides Act FINAL 6.1.18

Here is my knee-jerk reaction written as soon as I read the ATA’s letter. If there is a more official response, I will update this post.

    1. What % of the industry annual revenue and profit is the $10 billion Safety Spending?
    2. What is the industry annual revenue and profit for the same time period?
    3. ATA states that, “Without question, these investments are paying dividends in highway safety. Over the past decade, the number of truck-related fatalities has decreased by 11 percent despite steady growth in the overall number of trucks and truck-miles traveled” RESPONSE:  NHTSA: Large truck crash fatalities increased in 2016 According to data released by the National Highway Traffic Safety Administration (NHTSA), 4,317 fatalities occurring last year in crashes involving large trucks, which is 5.4% higher when compared to 2015 and is also the highest level of large truck crash deaths since 2007. http://www.trucker.com/safety/nhtsa-large-truck-crash-fatalities-increased-2016
    4. ATA states that: “significantly increased likelihood of high-centering of the side guards on steep changes in highway and street levels, such as elevated railroad crossings, and at warehouse docking wells. High-centering incidents already occur when operators of low frame trailers misjudge clearance heights at railroad crossings, which can result in tractor-trailers becoming stranded on railroad tracks. If all trailers were to have substantial side underride guards extended beneath the trailer sides, high-centering incidents would likely become more frequent.” Response: In fact, that is not a true statement. The engineers who have worked on trying to solve the side underride problem are ENGINEERS; they think about every aspect of the problem. They listen to truck drivers and motor carriers. Here is a reaction to that concern from Perry Ponder, an engineer for a small trailer manufacturer and designer of the AngelWing side guard: A 2002 Study by the University of West Virginia 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.    Development of Design Vehicles for Hang-Up Problem (https://trrjournalonline.trb.org/doi/abs/10.3141/1847-02) , 2002 “Design vehicles were developed to evaluate the operation of low-ground-clearance, long-wheelbase, overhang vehicles on extreme hump or sag profile alignments. The literature review indicated that although formal studies had been conducted to develop design vehicles, these vehicles did not include the information needed to assess hang-up susceptibility on a particular vertical alignment. Relevant design vehicle dimensions for 17 vehicle types prone to hang-up were developed.  Relevant dimensions included wheelbase, ground clearance, and front and rear overhang. These vehicles can be used in conjunction with the HANGUP software or other tools in designing vertical alignments that reduce the likelihood of hangup problems. Because they are based on representative samples of both field-collected and manufacturers’ data and have been evaluated using the HANGUP software, the design vehicles are reasonable and have a rational basis. The proposed vehicles should receive broad review with an eye toward inclusion in appropriate design policies and guidelines.”
    5. ATA states that, “ the bill is not based on science, data or safety benefit. Moreover, the bill ignores the potential technical issues it raises, as well as the diversity of our industry and other technologies for addressing these and other crashes. In trucking we know unequivocally that one size does not fit all, and that investments in certain technologies that one company makes may not make sense for another. Standards for new and in-service truck equipment should be based on sound economic and engineering principles that enhance safety, take into account real-world operations, and weigh the potential unintended consequences.” Response: Their statement ignores the multitude of research studies (including NHTSA’s own Texas A&M virtual side underride study which was recently completed) and crash tests which have been done by engineers for decades. And, in fact, the ATA — knowing that the underride problem is vastly undercounted — could have been conducting their own research or putting tangible support behind ongoing research when they were predicting underride regulations in 2002. How much money could have been devoted to solving this problem if they had contributed $1 billion every year for 16 years since that time? See this ATA/TMC 2002 paper: A Brief Look at the Far Horizon An Exploration of What’s to Come for Trucking
    6. ATA states:Recently, twenty automakers representing more than 99 percent of the U.S. auto market committed to make automatic emergency braking a standard feature on virtually all new passenger vehicles by 2022, which will help reduce many of the crashes where a passenger vehicle strikes a truck.” Response: How long before this will be present in 100% of the passenger vehicle fleet? What about weather-related conditions when that technology will not be effective? What about front override? What about side underride?
    7. ATA states: “the Stop Underrides Act would divert a significant amount of both NHTSA and industry resources away from important crash avoidance technologies with wide-ranging benefits in all types of crashes to focus on a narrow type of crash and a specific countermeasure that is unproven in real-world applications.” Response: Please specify exactly which resources will be taken away from crash avoidance technologies. What is now being put toward them? What will be required to be put into underride protection technology?
    8. ATA states:  “Regrettably, the bill is not based on science, data or safety benefit.“ Response: What do they call what the IIHS has done for years if not scientific, data-driven, safety-proven research? Jerry says, “The bill is based upon the NTSB Truck Underride Safety Recommendations to NHTSA in 2014.
      The bill was developed by a team of experts, engineers, manufacturers,  academic both national and international, lawyers, safety advocates and victims. The research by IIHS is scientific data driven and safety benefit research and testing. I recommend a field hearing at IIHS to not only disprove this point but to inform and educate the  House T&I Committee and Senate Commerce Committee on the facts of underride.
      “The courts differ on this as the Dodgen vs PJ Trailers case demonstrated through crash testing that the trailer design was dangerous and added known safety measures would have prevented the fatality in that situation.”
    9. ATA states:a narrow type of crash and a specific countermeasure that is unproven in real-world applications.” Response: Terry Rivet is a good example of a proven countermeasure. 
       We know for certain that Terry Rivet is alive today because Stoughton trailers voluntarily upgraded the rear guard on their trailers. Mr. Rivet had an accident in snowy weather in New York and collided with a new Stoughton trailer with an improved rear underride guard on March 2,  2017. Tractor trailers need to be safer to prevent underride deaths, Gillibrand says  Maybe we should ask him if we should have waited until 2022 to see if the crash avoidance technology works. On January  3, 2018, there was another traffic pile-up in New York during whiteout conditions with dozens of vehicles involved. The only fatality was from a car rear-ending a tractor trailer with an older, weak rear underride guard — resulting in an underride death. 1 dead, 1 critical from Thruway crash involving dozens of vehicles Unfortunately, we cannot ask that driver how he feels about the idea of waiting until crash avoidance technology is available to end truck underride tragedies.

I Survived Because Of Stoughton.

Here are some other relevant trucking industry communications related to Underride Technology Mandates (with a response from Senator Gillibrand & a blogpost from a truck driver advocate):

It is unfortunate that the regulated industry has such power over how they are regulated. Their decisions and actions are apparently informed by a strong inclination to protect the bottomline rather than by the conscience of individuals within that industry. How frustrating that they do not truly take into account the “honest bottomline” for, if they did, they would know that it would be to their ultimate advantage to make full use of every safety technology available to them.

Here is a FAQ document with answers to frequently asked questions about the STOP Underrides! BillFAQ STOP Underrides Bill. I hope that it helps to get us all on the same page and moving more quickly toward effective collaboration to end truck underride tragedies with Win/Win solutions.

After all, this is not about making the truck industry get in line — or else. To quote Rose in The Last JediThat’s how we’re gonna win. Not fighting what we hate, saving what we love.

 

 

 

Please tell Marianne & Jerry that we believe in them:what they are doing can & WILL shape the industry.

I continue to be thankful and speechless at the response which we have received from G & P Trucking Company:

Please read this facebook post by Michelle Novak, a friend who lost her nephew in a truck crash:

I’VE COPIED THE COMMENTS FROM THE COMPANY POST AND INSERTED THEM IN THE COMMENTS SECTION HERE.

I’m going to share this post by G&P Trucking Company so everyone can see the amazing difference that Marianne Waldron Karth , and her husband Jerry are making at the highest levels in the industry.

They responded to my comment of yesterday, and I want everyone in the TSC, and anyone who supports safer trucking, to read it. It made me cry to know that the heart of the man who runs this company has been touched so deeply by the Karths. This will save lives! People will be prevented from dying–and who knows how many?–by this kind of work the Karths tirelessly do! If you have any money, time or energy to give to the Karths as they crawl on pavement helping assemble under-ride guards that the industry will one day use, please offer it! These two are people who will persevere until they achieve a way to preserve life in memory of their daughters. I admit I’m not made of such stuff. But I do want to help.

If the comments don’t show up under the piece, please do go to their site, read it, leave a comment and sign up for their blog, which will be detailing their brand new safety effort. And do be sure to encourage the Karths as they labor to accomplish things i didn’t think were possible!

Michelle’s comments to her post:

  • Comment from Michelle Novak to the president of G & P Trucking: Mr. Clifton Parker, I’m sending a comment to thank you for your heartfelt and immediate response to a letter you received from a grieving parent who lost two daughters to a preventable under-ride crash. I’ll be following this up with an actual letter to express my gratitude in more detail, but wanted you to know how much what you’re doing means to those of us who have lost loved ones to companies that don’t focus on safety as number one. I have subscribed to your company’s blog and will follow what this company is doing to improve the safety of the industry as a whole.
  • Reply to Michelle from G & P Trucking: Ms. Michelle, thank you for your kind words! Mr. Parker was deeply affected by his conversation with Marianne. You should know, we had a safety meeting today detailing our goals to keep our equipment (and drivers) the safest on the road–and it stemmed from their conversation. In the following days, we will post more information about our plan in the company blog and social media outlets. Please tell Marianne and Jerry that we believe in them–what they are doing can AND WILL shape the industry.

https://www.facebook.com/michellem.novak.7/posts/323388448061445

Please Join Us In Thanking Other Trucking Companies For Their Voluntary Actions To Make Their Trucks Safer To Be Around:

  1. G & P Trucking Company: Online Contact Form
  2. Manac was the first trailer manufacturer to re-design their rear underride guard to protect against underride at the outer edges of the trailer. Online Questions & Comments Form
  3. Vanguard followed. http://vanguardnationalparts.com/
  4. Next came Wabash and JB Hunt who immediately ordered 4,000 new trailers with the improved guards from Wabash. Online Contact Form
  5. Stoughton was the fourth manufacturer to upgrade and was crash tested at the First Underride Roundtable at IIHS on May 5, 2016, three years after our crash. They have made the new guard standard on all new trailers and are offering it at no cost or weight penalty to their customers. Stoughton Contacts

Thank you 3

SAVE THE DATE for the Second Underride Roundtable: Tuesday, August 29, 2017

We will continue to discuss how to bring about

the BEST POSSIBLE UNDERRIDE PROTECTION.

IIHS will once again co-host this event, with the Truck Safety Coalition and AnnaLeah & Mary for Truck Safety, at their Vehicle Research Center.

“Trucks Are Getting More Dangerous And Drivers Are Falling Asleep At The Wheel. Thank Congress.”

If you are at all concerned about the possibility of you, or someone you know, being in a truck crash, READ this Huffington Post (April 16, 2016) article: Trucks Are Getting More Dangerous And Drivers Are Falling Asleep At The Wheel. Thank Congress.

Here is a comment on the article from the Advocates for Auto & Highway Safety:

This is a terrific expose by Huffington Post that appeared in yesterday’s edition about the growing influence of special trucking interests in their continuing efforts to roll back truck safety rules including hours of service (HOS) and bypass the authorizing committees by using the Appropriations Committees. . . We learned on Friday that the Senate Appropriations Subcommittee will likely take up the FY2017 transportation funding bill on Tuesday with full Appropriations Committee mark-up on Thursday. . .   We anticipate that the trucking industry will continue to try to block going back to the Obama Administration hours of service rule with more language and several states are seeking truck size and weight exemptions.

This is a very lengthy article which, for the most part, delves into the problem of truck driver fatigue (and the horrific, often fatal, crashes which all too often occur) and the pressure that the trucking industry continues to put on Congress with the result of making our roads less safe instead of more safe.

Please read and share this very informative article. It needs to be heard.

It only serves to emphasize the importance of our call for President Obama to set a National Vision Zero Goal, establish a White House Vision Zero Task Force, and sign a Vision Zero Executive Order. Are you listening, President Obama?

Do it, President Obama, for We the People of this United States of America! #VisionZero

Here are some of the topics which this tell-it-like-it-is article covers:

There were several other industry requests in that funding bill for 2016, including a measure that aimed to extend the suspension of sleep rules that Collins had won just six months earlier. Her suspension lasted a year and required regulators to look into the effectiveness of requiring two nights of sleep and whether there was any case for the trucking industry’s position. But rather than see that process through, the new provision changed the study mid-stream and called for gathering even more data — including the regulation’s impact on the longevity of drivers. Studying workers’ lifespans, of course, takes entire lifespans. That provision was signed into law with the 2016 spending bill that ultimately passed.

They just basically want to stall this forever,” said Rep. David Price (N.C.), the top Democrat on the appropriations subcommittee that deals with transportation.

Another measure the industry pushed last year aimed to short-circuit federal regulators’ efforts to evaluate raising insurance requirements for trucking companies. Currently, carriers have to maintain the same $750,000 policies they did in the ‘80s. The industry’s argument is that independent operators would not be able to afford higher premiums — and indeed, DND’s margins were so close it shut down when its insurance company raised rates after the Balder crash. The industry argues that 99 percent of truck accidents do not generate such high damages. But $750,000 doesn’t begin to cover the costs a serious semi wreck incurs. For instance, a widower whose wife was killed and children severely injured by a dozing driver in 2010 won $41 million in damages. The family of James McNair, the comedian who died in the Tracy Morgan crash, settled for $10 million in March last year.  A somewhat weakened version of the measure did pass, requiring regulators to evaluate a number of different factors before they adjust the insurance requirements.

Another industry-backed provision aimed to hide the BASIC safety measurements for trucking companies from public view, and bar their use in lawsuits. The lawsuit provision was dropped from the spending bill during negotiations, but the BASIC scores were in fact hidden and removed from the agency’s website. The industry used a Government Accountability Office study that found the safety system could do better in some respects to justify its position, but the two firms involved in the Velasquez crash had exactly the sort of poor safety scores that the BASIC system predicts make them more likely to be involved in accidents.

Despite the fact that these provisions will likely have an impact on the safety of nearly 11 million large trucks registered in America, they were all buried in legislation that Congress had to pass to avoid a government shutdown, with little to no debate about whether they were a good idea.

“The advocates of relaxing the rules or eliminating the rules, they see that and think this is their train to catch. … Not just wait on the normal process, or count on something as pedestrian as actual hearings or discussion, but to make a summary judgement and latch it on to an appropriations bill,” Price said.

There’s something else all the industry-backed measures have in common: They are deeply unpopular.

The article focused on a truck crash in which a tired trucker plowed into the back of a State Trooper’s Crown Vic while he was on the side of a tollway assisting another trucker. Not exactly our circumstance, but made me tense up just reading about it. See our Crown Vic here:

BEFORE:

74 gertie 2314 75 gertie 2315

AFTER:

Driving While FatiguedUnderride kills

Save Lives Not Dollars: Urge DOT to Adopt a Vision Zero Policy

Who loses when there is a truck underride crash?

Who loses when there is a truck underride crash? Well, of course, the smaller vehicle’s driver and/or passengers (and their loved ones) are the most obvious victims of a truck underride crash. But does anyone else lose when an underride crash occurs?

How about the truck driver, who was not necessarily the one causing the crash but might lose some wages by being off the road in the aftermath? Or, how about the owner of the truck (trailer) who now has a damaged vehicle? Calling them victims makes sense.

But how about the company which manufactured the truck/trailer? Do they lose out on this deal? No. They are not impacted by a failed underride guard on a vehicle which they produce. However, I hope that that will not stop them from voluntarily jumping on the bandwagon and taking the lead to improve safety.

In fact, in 2014, we wrote to numerous companies in the trucking industry–asking them to voluntarily manufacture or purchase trucks with the safest possible underride protection. We are getting ready to send another letter out to them–letting them know what is happening in underride research efforts, which makes this a manageable request.

trailer manufacturer letter template January 2014

Some trailer manufacturing companies have been voluntarily taking steps to improve their underride guards. IIHS reports on their progress in this October 2014 Status Report:  http://www.iihs.org/externaldata/srdata/docs/sr4907.pdf

For more information on what is happening around the globe to improve underride standards, especially side underride guards, see this article by Andy Young, a truck driver/owner/attorney and chair of the American Association for Justice Truck Litigation Group’s Underride Committee (that’s a mouthful!):

Piercing-The-Passenger-Compartment

I hope to see a future where the trucking industry goes beyond compliance and voluntarily leads the way to providing the best possible protection by means of more effective underride prevention systems–rear, side, and frontal–on all applicable vehicles.

Please join us in encouraging them to do so.

gertie 2946

Same Old, Same Old: Trucking Safety Debates Impact Spending Bill

When the trucking industry uses the appropriations bill process to sway votes, what do you think is their primary motivation: Safety or Profit?

See what you think:

“Foxx said Republicans are conducting an end run around the normal legislative process by including the trucking provisions in his agency’s funding bill.

What’s happening is the appropriations process is now being used to create policy, which, when it comes to safety, that’s a real problem because it leaves us without a process with which we can articulate the concerns we have, he said. You can expect us to be very vocal about these issues, and my hope is that folks won’t only reconsider the merits of some of the issues, but also some of the processes that some of these issues are dealt with, because there’s a much better process available.

The trucking industry offered a starkly different perspective, saying the provisions that are included in the THUD bill have been on Congress’s agenda for a long time.

These issues have been debated for years, American Trucking Association spokesman Sean McNally told The Hill on Wednesday morning, noting that lawmakers will be holding a hearing on the appropriations bill in the afternoon.

They’re the same issues we’ve been talking about for years, and now we’re going to talk about them again, he said.

McNally added the appropriations bill is fair game for the trucking provisions because it is a piece of legislation that is moving through Congress.

We obviously take a different view of the safety ramifications of these provisions, he said, describing the changes as a number of things we believe will increase output and safety.”  http://thehill.com/policy/transportation/240453-gop-spending-bill-reignites-trucking-debate

Sounds good, but just exactly how will their actions increase SAFETY? That is what I want to know.

The Truck Safety game 001

The Passion of This Safety Advocate

It gets really tiresome to hear the trucking industry come up with the same statements time after time after time.

Nearly every time I read an article written about our crash, there are the obligatory responses from the trucking industry. Invariably, they try to shift the responsibility off of themselves to make the changes sought after and, instead, bring up some alternative solution to the “problem.”

This can be seen in the latest article by Bloomberg News about our story and underride guards: http://www.bloomberg.com/news/2014-12-16/dead-girls-mom-says-100-truck-fix-may-have-saved-them.html

“‘The passion that Karth brings to the debate won’t necessarily solve the problem,’ said Sean McNally, a spokesman for the American Trucking Associations, the industry’s largest advocacy group. ‘Instead, regulators will be more effective if they focus on such measures as crash-avoidance technology and such simple steps as education to encourage better driving by both trucks and cars.

“’All crashes are tragic, and as a result discussions about highway safety are often touched by strong emotions,’ McNally said. ‘However, we should not use emotions as the basis for regulations. Regulations need to be grounded on strong research, science and data.’”

What does he think the problem is?! And has he even bothered to look at the strong research, science, and data reported on by the Insurance Institute for Highway Safety (IIHS) regarding underride guards? Does he truly think that this is an either/or situation?

He just doesn’t seem to get it. He thinks the passion is simply my deep grief over the loss of my daughters. He doesn’t have a clue that that very real pain is amplified by anger and frustration over the callous attitude and denial of responsibility that too often is expressed by spokespersons of the trucking industry–and which, of course, gets played out in their decisions and actions on matters related to safety.

We Rescue Jesus Saves 018