Tag Archives: underride guards

What Came After The AnnaLeah & Mary Stand Up For Truck Safety Petition?

Last year at this time, our family was intensely involved in preparing to launch The AnnaLeah & Mary Stand Up For Truck Safety Petition.  After our truck crash and tragic loss of the Mary and AnnaLeah, we learned about many things that needed changing to prevent other families from facing similar grief.

When Secretary of Transportation Anthony Foxx promised that we would see tangible progress in a short time on truck safety issues, and 6 months later we had not, we decided to take our request to DOT on the first anniversary of our crash and invited other people to join us by signing our petition.

Last March, after brainstorming with our family, two of our sons were designing a website for the petition, but as time was getting short to launch the petition and we wanted to make sure that everything would go without a hitch, we changed course and applied all that hard work to an existing site, Care2 The Petition Site. And on March 19, we launched the petition.

http://www.thepetitionsite.com/957/501/869/stand-up-for-truck-safety/

And we shared our story: https://youtu.be/I-WQBEDpTVw

We were amazed as the numbers started rising and quickly surpassed our hopes. By the time May rolled around, we had over 11,000 signatures on our petition. We printed each signature as an individual petition and stuffed it in an envelope and delivered these envelopes in person on May 5, 2014, in Washington, DC.

Here is a graph showing the number of signatures by state:

petition signatures by state

Eight members of our family, including our grandson and granddaughter traveled to Washington, DC and sat down with administrative officials from NHTSA and FMCSA. We were well received, presented our concerns, heard from them on their efforts, and had a productive discussion. And here are the “notes” which our 4 year-old granddaughter, Vanessa, took at that meeting:

Vanessa DOT notes

We are proud of our family and thankful for the many people who stood with us to voice these vital concerns.

What came out of our petition and the meeting we had with DOT that day? Did it make a difference? Here are the three requests which we made in the petition and what has come about:

  1. First Request: Raise minimum levels of insurance required for truck drivers–which has not been done for over 30 years.
  2. Result: In November 2014, the FMCSA  issued an Advance Notice of Proposed Rule Making (ANPRM) announcing that they are considering a proposed rule to increase the minimum liability insurance coverage for motor carriers.   https://www.federalregister.gov/articles/2014/11/28/2014-28076/financial-responsibility-for-motor-carriers-freight-forwarders-and-brokers   https://annaleahmary.com/2014/12/good-news-fmcsa-announces-first-step-toward-increasing-minimum-liability-for-trucker-insurance/  https://www.facebook.com/464993830249803/photos/a.465869083495611.1073741828.464993830249803/741290079286842/
  3. The period for Public Comments ended on February 26. The 11,391 signatures from our petition were added to these Public Comments. This will be followed by a review of these comments and a decision about whether to actually proceed with a rulemaking process.  Public Comments 002Public Comments 003
  4. Second Request: Decrease driver fatigue and monitor their hours on the road with Electronic Logging Devices.
  5. Result: The Petition’s 11,000+ signatures were also added to the Public Comments for the Electronic Logging Device Rule.  The comment period ended May 27, 2014. “In a departure from a report issued in mid-February, the Department of Transportation has changed its expected publication date for a Final Rule mandating the use of electronic logging devices, according to a supplemental report issued by the DOT last week.   It now expects the rule to be published Sept. 30.”  http://www.overdriveonline.com/fmcsa-alters-course-on-e-log-mandate-shoots-for-sept-30-rule-publication/#
  6.   Public Comments on ELDs and Levi leaving for Camp 032Public Comments on ELDs and Levi leaving for Camp 026
  7. Third Request: Take needed steps to improve underride guards, which prevent vehicles from sliding under trucks–causing horrific injuries and tragic deaths.
  8. Result: On July 9, I posted the good news that NHTSA had initiated a rulemaking process on underride guards:   https://annaleahmary.com/2014/07/nhtsa-has-initiated-a-rulemaking-process-to-evaluate-options-for-improving-underride-guards/
  9. The Rulemaking Process is lengthy and often fraught with delays. It is a miracle that anything gets done. This is what the Federal Register posting says at the end:  “The agency notes that its granting of the petition submitted by Ms. Karth and the Truck Safety Coalition does not prejudge the outcome of the rulemaking or necessarily mean that a final rule will be issued. The determination of whether to issue a rule will be made after study of the requested action and the various alternatives in the course of the rulemaking proceeding, in accordance with statutory criteria.” https://www.federalregister.gov/articles/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection  Here is an outline of that process:  https://www.federalregister.gov/uploads/2011/01/the_rulemaking_process.pdf
  10. Underride guards and our story were featured in the Fall 2014 IIHS Status Report:  https://annaleahmary.com/2014/10/iihs-reports-on-new-crash-testing-for-improved-underride-guards/

The AnnaLeah & Mary Stand Up For Truck Safety Petition is still open. People are still finding it and signing it (without our doing a thing to promote it). People care about this issue and we want you to know that we are being heard and that we are continuing to advocate for safer roads.

http://www.thepetitionsite.com/957/501/869/stand-up-for-truck-safety/

Petition 002

At some point, we hope to send out a final update to all of the petition signers (now at 11,530 plus the 150 people who sent a paper petition to us)–letting them know about the progress made and encouraging them to stay in contact.

When we were getting ready to go to DC last year, one of our sons asked what we would do after the petition was over–would we still do truck safety advocacy? I said I didn’t know. . . but here I still am–continuing to keep track of what is going on, writing, writing, writing, and speaking up for all of us who are vulnerable on the roads, calling for action in matters of life & death.

We Rescue Jesus Saves 018

 

Help Us Design the Best Possible Underride Guard

I sent an email out yesterday to the University of Michigan Injury Center–asking them to consider helping to design an underride guard which would provide the best possible protection.

This morning I decided to put out a wider call for assistance — both in expertise and financial backing — for this worthy lifesaving endeavor. Surely we could put our heads together and make this happen! I’d like to see this done to enhance the efforts of NHTSA to develop an improved rule on underride guards.

Let’s stop talking and take some action! Spread the word.

Marianne

AnnaLeah writing

IMG_4467May 8, 2014 from Kathryn

HERE IS MY EMAIL WITH  DETAILS OF OUR STORY & THE NEED FOR AN IMPROVED UNDERRIDE GUARD DESIGN:

“I would like to ask that you consider taking on the goal of developing an underride guard design which will prevent vehicles from riding under trucks in rear-impact collisions to a greater extent than the current federal standards provide protection–thereby preventing horrific injuries and unnecessary deaths.

I am a 1979 Health Behavior/Health Education graduate of the University of Michigan School of Public Health and received your recent email with information about the Research Centers, including the Injury Control Research Center. In addition, I am the mother of nine children and was driving the three youngest from North Carolina to Texas on May 4, 2013, to attend four college graduations and the wedding of their older siblings, when a truck hit us twice spinning us around and sending us backward under the tractor trailer in front of us.

AnnaLeah (17) and Mary (13) were in the back seat. AnnaLeah died instantly from mechanical asphyxia and Mary died a few days later from injuries (including severe head trauma, carotid artery dissection, and LeFort fractures of her face) she sustained in the crash. I was in the hospital for almost a week but am totally healed physically, and my 15 year-old son in the front passenger seat had a mild concussion and was released that same day from the Emergency Room. The girls, in the back seat, experienced underride; we did not.

In the days, weeks, and months following that crash, our family discovered many things about truck safety.One of the things which we learned about were underride guards, steel bars on the back of a trailer mandated by federal regulations following the national attention gained by the death of actress Jayne Mansfield due to an underride crash in 1967.

http://www.bloomberg.com/news/2014-12-16/dead-girls-mom-says-100-truck-fix-may-have-saved-them.html

Unfortunately, the specifications have been shown to be inadequate in many circumstances; many of the underride guards on the road today too often fail to prevent underride–whether it be due to the design, installation, or maintenance of the guards. This has been seen both by review of the Large Truck Crash Causation Study and through research done by the Insurance Institute for Highway Safety (IIHS)–among others.

https://annaleahmary.com/2014/10/iihs-reports-on-new-crash-testing-for-improved-underride-guards/

Following our crash, we initiated an online petition requesting DOT to make improvement in three truck safety areas, including underride guards. After delivering the 11,000+ petitions to DOT in Washington, DC, we met with top administrative officials from FMCSA and NHTSA on May 5, 2014–one year after the crash. We were able to meet for an hour–sharing our concerns and hearing what their plans were relative to our three requests.

After hearing that NHTSA was not able to let us know if they were going to initiate a new rulemaking process on underride guards, my husband Jerry asked several times when we might expect that they would decide whether to go ahead with such a process. Finally, David Friedman, deputy director of NHTSA, replied that we could expect a decision in two months. I then asked him to email me as soon as the decision was made. And he did so–emailing me on July 9, 2014 — almost exactly two months later — to let me know that they had issued a rulemaking to study this issue.

Unfortunately, this is a very lengthy process which is frequently subject to setbacks due to opposition from the trucking industry. In addition, there is controversy about whether the guards could be made “too rigid” and result in unintended consequences due to deceleration forces.

Yet, the IIHS has told us in person that, “It is safer to run into a brick wall than into the back of a truck.” This is due to the fact that if you run into a brick wall with a vehicle equipped with a crush zone, that crush zone is able to go into effect and protect the occupants. However, if a vehicle hits the back of a truck and the underride guard fails, the vehicle goes under the truck so that the passenger compartment is intruded upon and the crush zone (air bags and seat belts) is not allowed to operate as designed.

We have also written letters to trailer manufacturing companies asking them to voluntarily improve their guards–as did Manac, Inc. IIHS has continued to communicate with manufacturers to let them know that they would be glad to test any new designs. They have gotten some response.

https://annaleahmary.com/2014/07/making-progress-on-improving-underride-guards-just-in-time-for-someone-else/

The bottom line is that NHTSA is hoping to issue a new rule mid-2015 and whatever they propose, if passed, will likely have an impact on road safety for years to come. It is my hope that there would be cooperative efforts taking place to come up with the best possible protection for travelers so that others will not have to go through what our family has had to and lives will not unnecessarily be abruptly brought to an end.

https://annaleahmary.com/2014/12/underride-guards-lets-move-forward-in-2015/

Please consider how you might be involved in this along with the School of Engineering and whatever other resources could be harnessed. Surely, by working together, we can make a difference.

In memory of AnnaLeah and Mary,

Marianne Karth”

See Underride Research Reports listed by NHTSA :  http://www.nhtsa.gov/Research/Crashworthiness/Truck%20Underride

A Helpful Guide to Understanding the Rear Underride Guard Rulemaking:  http://www.underridenetwork.org/CurrentIssues/UnderrideGuards/RearGuard.aspx

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.

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Underride Guards; Let’s Move Forward In 2015

I heard back tonight from David Friedman, deputy director of the NHTSA. (See previous post for my email to him earlier today. https://annaleahmary.com/2014/12/trucking-fatalities-increase-for-fourth-year-in-a-row-hours-of-service-rules-rolled-back/ )

This is what he said, “Thank you for reaching out.

“We are heartened to see overall progress, but as Secretary Foxx said today on a call with reporters, ‘32,719 lives were lost on our roads in 2013. And even one is far too many.’

“And as I noted, ‘As we work each day at NHTSA, these are tragic reminders of the importance of our efforts and how we must build on our many successes and continue to work even harder to protect the American public.’

“And yes, fatalities involving large trucks is one of the areas of disappointment because we saw an increase. We are working hard on multiple steps to turn that around, from electronic stability control, speed limiters, vehicle-to-vehicle technology and more. And, as you know, another area we are trying to make progress is on underride guards.”

On the matter of underride guards, he said, “The schedule is for an Advanced Notice of Proposed Rulemaking (ANPRM) on rear impact protection for straight trucks to tentatively move forward around the beginning of the year and a Notice of Proposed Rulemaking (NPRM) on rear impact protection for trailers to tentatively move forward around the middle of the year.”

Here is the recent Bloomberg News article on our story & underride guards: http://www.bloomberg.com/news/2014-12-16/dead-girls-mom-says-100-truck-fix-may-have-saved-them.html

I hope that 2015 will bring vast improvement in preventing ghastly deaths from underride.

 IMG_4467

Bloomberg News: In-Depth Reports on Trucking Safety Issues

Check out these in-depth articles on issues related to safety on the road.

IMG_4462

IIHS Reports on New Crash Testing for Improved Underride Guards

IIHS October 2014 Status Report Article First Page

The Insurance Institute for Highway Safety has just released a report on recent crash testing for one trailer manufacturer’s improved design for their rear underride guard. Vanguard has now passed the 50% overlap test–with testing still needed for the more narrow overlap test at the edges of the trailer’s guard.

Additional companies have plans to get their guards tested in the future.

Our story is featured in this fall’s edition of the organization’s Status Report. We are thankful for their efforts to research and report on this vital truck safety issue. Their previous reports helped us to better understand the weakness of the current federal regulations for underride guards.

Read the report hereIIHS Status Report October 2014

Also, the Truck Safety Coalition has issued a press release on this issue:  http://trucksafety.org/press-release-industry-makes-improvements-while-rule-for-better-underride-languishes/

Link to IIHS Status Report Issueshttp://www.iihs.org/iihs/sr

November 2015 IIHS Status Report with an update on Single Unit Truck Underride Rulemaking:  http://www.iihs.org/iihs/sr/statusreport/article/50/9/2

 

IIHS October 2014 Status Report Cover

The Rest of the Story

If you took the time to read about our crash in the Bloomberg News article published today, please don’t stop there. I want you to understand the entire scope of our concern about truck safety; and it is NOT all about being upset with the truck drivers.

 http://www.bloomberg.com/news/2014-10-01/mom-takes-on-truckers-after-highway-wreck-kills-daughters.html

Please read the post I wrote back in July, called “Our Crash Was Not An Accident.” It summarizes what I am trying to say and why, if we really want changes made in truck safety, we cannot just read and talk and complain about it.

We need to solve this problem together.

 https://annaleahmary.com/2014/07/our-crash-was-not-an-accident/

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Investigative Report on Underride Guards in Atlanta

Underride guards Great Dane trip 012

Jim Strickland, consumer investigator with WSB-TV in Atlanta, looked into underride guard problems in November 2013 in the Atlanta area and reported on them: http://www.wsbtv.com/news/news/local/youll-never-look-tractor-trailers-same-way-again/nb4Kf/

Here is his newscast in April 2014 after the National Transportation Safety Board issued their recommendations to NHTSA to improve underride guards:http://www.wsbtv.com/news/news/local/ntsb-recommending-safety-device-big-rigs-after-cha/nfZYM/

When he found out that NHTSA had initiated a rulemaking process for underride guards, he wanted to do an update. He called me yesterday at 11 a.m. for a phone interview.

His report on underride guards,  our crash, and the AnnaLeah & Mary Stand Up For Truck Safety Petition was on WSB-TV Atlanta’s evening news yesterday in two parts first at 4:45 p.m. and the second part at 6:15 p.m.: http://www.wsbtv.com/news/news/local/families-seek-reduce-fatal-tractor-trailer-acciden/ngtnD and http://bcove.me/vfrhezzh

Petition Photo Bags at DOT, best

 

Safety Research & Strategies, Inc., Comments on NHTSA & Underride Guards

Safety Research & Strategies, Inc., makes note of the NHTSA initiation of rulemaking on underride guards.

 http://www.safetyresearch.net/blog/articles/nhtsa-finally-tackles-rear-underride#overlay-context=blog/articles/nhtsa-finally-tackles-rear-underride

While they provided a good summary of the history of underride guard regulation, I would like to note that they apparently overlooked NHTSA’s mention of an underride guard petition from the Insurance Institute for Highway Safety (IIHS) in the Footnotes of the Federal Register announcement.

 https://www.federalregister.gov/articles/2014/07/10/2014-16018/federal-motor-vehicle-safety-standards-rear-impact-guards-rear-impact-protection

 

IMG_4465

Clarifying the ATA Position on Underride Guards

Minolta DSC

After last week’s announcement by NHTSA of their initiation of the rulemaking process for underride guards, I have had four interviews. So far, I have seen two of the articles and both of them included a statement, obtained from the American Trucking Associations (ATA), which disturbed me when I read them. I posted about it and you can read my thoughts here:

 https://annaleahmary.com/2014/07/underride-guards-in-the-news/

Not wanting to misrepresent the trucking industry, yesterday, I decided to call the person who was quoted, Ted Scott, the Director of Engineering Services with ATA. I told him why I was calling, shared our story, and we spent some time discussing underride guards. I then asked if I could send him the article, in which he was quoted, as well as information about our website and links to underride guard information. In my email, I also asked him to write a few sentences to clarify his statement about underride guards.

In response, this morning I received this email from Ted Scott:

 Ted Scott, ATA, email July 2014

 Well, I was excited to have him get back to me on this matter and quickly let him know that I appreciated it:

 Ted Scott, ATA, email July 2014 My Reply

 

From what I have observed, too often, needed changes have been prevented or delayed by resistance or opposition–for whatever reason, whether it be misunderstanding, misinformation, or differing priorities. In my mind, that makes this promise of support and cooperation by the American Trucking Associations super significant!

 Minolta DSC

Yes!

(p.s. I hope that Mary would think that I am making good use of her joie de vivre!)