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:
Garrett Morgan, the inventor of the first traffic signal, filed a patent on Feb 27, 1922. Just think how many lives have been saved by this simple device. @MaryandAnnaLeah@SecretaryPete wild to think that the first underride guard patents predated the traffic signal patent. pic.twitter.com/oe2pVtCklI
“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.
* 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.
1896 This patent for a side underride protective device for street cars was issued on July 14 1896 and cited by numerous more recent underride patents: http://www.google.com.pg/patents/US564027.
1913 A patent was issued in 1913 for a “Safety Device for Motor Vehicles” to provide underride protection for the sides of large trucks. https://www.google.com/patents/US1127241
Since that time, numerous patents have been published which refer to this 1913 patent (with the patent information organized in these columns: Citing Patent, Filing date, Publication date, Applicant, Title):
These can now be found in a post dedicated to listing UNDERRIDE GUARD PATENTS. To see this list, go here. (1/20/20)
1997 Study illustrates the discrepancies in The Fatal Accident Reporting System (FARS) underride fatality count when compared to the NHTSA database, highlighting that more people are dying from underride than are being recorded. INCIDE~1
2009 Patent filed for a “Side impact guard device for industrial vehicles, particularly trailers or semi-trailers”
Side impact guard device for industrial vehicles, particularly trailers or semi-trailers
2010 An evaluation of U.S. rear underride guards meeting federal requirements shows that these protections still allow for severe passenger vehicle underride, often resulting in serious or fatal injury. file:///C:/Users/LD46500/Downloads/22esv-000074.pdf
2012 Sapa Extrusions (inventor/engineer Malcolm Deighton) filed for a patent in 2012 for a “Semi trailer under-run protection device” which they later developed into a rear underride guard which was successfully crash tested on a trailer in April 2017. https://www.google.com/patents/USD703106
2015 NTSB recommends that regulators develop performance standards for side and front underride protection systems to improve highway vehicle crash compatibility with passenger vehicles. https://www.ntsb.gov/safety/mwl/Pages/mwl9_2015.aspx
2015 NHTSA issued a Notice of Proposed Rulemaking on: ANPRM Single Unit Trucks (withdrawn for not being cost effective) and NPRM improved rear underride guards (still in limbo as of 1/10/2020).
2015 Aaron Kiefer, crash reconstructionist and forensic engineer, was issued a patent for an innovative combination side & rear trailer underride protection system: https://www.google.com/patents/US9463759 Please see the numerous underride patents referred to in this patent.
2017IIHS TOUGHGuard Award Announced for improved rear underride guard design by trailer manufacturers, March 1, 2017
2017 IIHS tests side underride guards at 35 mph, and illustrates the dramatic impact side guards have in preventing serious injury and death. IIHS Announces Side Guard Crash Testing Results :
2019 FMCSA Volpe Transportation Center Study Final Report Completed by February 2019 but not available publicly (as of 1/10/2020). Goals include — Despite three decades of international experience, the operational, cost-benefit, and regulatory aspects of requiring truck side guards in the United States has not been studied. This research project addresses this gap. Five key tasks are included in this project: (1) study interaction of a potential side guard with other truck parts and accessories (e.g., fuel tanks, fire extinguisher, exhaust system) and the implications for a new Federal Motor Carrier Safety Regulation; (2) investigate applicable international side guard standards; (3) perform a preliminary cost-benefit analysis of truck side guard deployment; (4) propose recommendations; and (5) propose means for voluntary adoption.: Study of Truck Side Guards to Reduce Pedestrian Fatalities
2020 Consensus Side Guard Standard developed by an Engineering Subcommittee in follow-up to an April 17, 2021 Zoom Side Guard Task Force Meeting. Consensus Side Guard Standard
2021Engineers, Trucking Industry, & Victim Advocates Collaborate at Side Guard Task Force On a Friday afternoon — February 26, 2021 — over 50 people met via Zoom to discuss comprehensive underride protection. The purpose of the meeting was to report on progress which has been made by several subcommittees since an earlier meeting in 2020 — including Industry Engagement, Research, and Engineering Subcommittees.
Examples of some of the thousands of underride crashes can be found at these two places online (neither of them being the least bit exhaustive compilations):
Jerry Karth, Lois Durso, and I recently compiled this extensive list of U.S. underride research, reports, and recommendations beginning in 1896 and continuing to this day. I think that it speaks for itself: effective and comprehensive underride protection is long-overdue. This list is referred to in a recent post on this topic. (Post updated: 1/10/2020)
1896 This patent for a side underride protective device for street cars was issued on July 14 1896 and cited by numerous more recent underride patents: http://www.google.com.pg/patents/US564027.
1913 A patent was issued in 1913 for a “Safety Device for Motor Vehicles” to provide underride protection for the sides of large trucks. https://www.google.com/patents/US1127241
Since that time, numerous patents have been published which refer to this 1913 patent (with the patent information organized in these columns: Citing Patent, Filing date, Publication date, Applicant, Title):
These can now be found in a post dedicated to listing UNDERRIDE GUARD PATENTS. To see this list, go here. (1/20/20)
1969 On September 3, 1969, Congress discussed UNDERRIDE but did not act. U.S. Congressman Vanik from Ohio was given the floor. He made a lengthy statement, with noteworthy comments about underride protection, including the inadequacy of the proposed regulation for rear underride and the absence of regulations for smaller straight trucks, as well as protection on the sides and front of trucks. How many more people will die before Congress lays down the law? Read more here.
1970 August 14, 1970, In the Federal Register, “Further consideration will be given, after issuance of the standard and completion of technical studies, to the inclusion of energy management of underride protection to the sides of large vehicles.”NHSB 1970 35 FR 12956
1971 June 15, 1971, In the Federal Register, “Notices proposing a motor vehicle safety standard on rear underride protection, applicable to trucks and trailers, were published October 14, 1967 (32 F.R. 14278), March 19, 1969 (34 F.R. 5383), and August 14, 1970 (35 F.R. 12956). Based upon the information received in response to the notices and evaluations of cost and accident data, the Administration has concluded that, at the present time, the safety benefits achievable in terms of lives and injuries saved would not be commensurate with the cost of implementing the proposed requirements. For the information of all interested persons, notice is hereby given that the rulemaking action is terminated, and that no final rule will be issued on this subject without further notice of proposed rulemaking.”NHTSA 1971 36 FR 11750
1977 Page Patent guard rail for side protection on large wheel vehicles, 1977 US Side Guard Patent US4060268 William Page.pdf
1977 An Insurance Institute for Highway Safety (IIHS) crash test research illustrates the ineffectiveness of 1953 rear underride guard.
1977 A Senate hearing leads to new calls for stronger underride protections, and illustrates the inadequacies of existing requirements.
1979September 24, 1979, In the Federal Register, “The agency will continue to gather information on side underride during the rear underride rulemaking. If the evidence gathered by the agency indicates that side underride rulemaking could contribute significantly to safety, the agency will commence rulemaking. At the present, however, the agency concludes that side underride rulemaking should not be commenced and Mr. Page’s petition is denied.”NHTSA 1979 44 FR 55077
1981 January 8, 1981, the Federal Register published proposed rear underride rulemaking which was not completed, “The purpose of this standard is to reduce the number of deaths and serious injuries occurring in rear underride accidents that involve heavy vehicles. Applicability. This standard applies to trucks and trailers that have gross vehicle weight ratings (GVWR’s) greater than 10,000 pounds.” NHTSA 1981_46 FR 2136
1997 Study illustrates the discrepancies in The Fatal Accident Reporting System (FARS) underride fatality count when compared to the NHTSA database, highlighting that more people are dying from underride than are being recorded. INCIDE~1
2002 ATA Technology Maintenance Council predicts underride regulations to be issued by 2005 for Single Unit Trucks and 2006 for Side and Front Underride Protection: 2002 ATA Prediction of Side Guard Regulations
2009 IIHS begins to call for the requirement of front and side underride guards, as well as improved rear guard requirements in its testimony to US House Committee on Energy and Commerce. IIHS testimony_2009-05-18
2009 Letter from IIHS to NHTSA IIHS rear comment_2009-07-01, “In many crashes involving large trucks, NASS/CDS lacks both proper identification of truck types and photographs of involved trucks. Photographs help researchers in two ways — to better understand the injuries sustained by passenger vehicle occupants in collisions with trucks and to evaluate potential countermeasures such as rear underride guards on trucks. IIHS understands that many NASS/CDS investigations take place away from crash scenes. We further understand that large trucks that are drivable after crashes may not be kept in storage awaiting NASS/CDS investigators. Still, investigators should work with local law enforcement agencies to obtain photographs of large trucks taken at crash scenes.”
2009 Patent filed for a “Side impact guard device for industrial vehicles, particularly trailers or semi-trailers”
Side impact guard device for industrial vehicles, particularly trailers or semi-trailers
2010 An evaluation of U.S. rear underride guards meeting federal requirements shows that these protections still allow for severe passenger vehicle underride, often resulting in serious or fatal injury. file:///C:/Users/LD46500/Downloads/22esv-000074.pdf
2012 Sapa Extrusions (inventor/engineer Malcolm Deighton) filed for a patent in 2012 for a “Semi trailer under-run protection device” which they later developed into a rear underride guard which was successfully crash tested on a trailer in April 2017. https://www.google.com/patents/USD703106
2015 NTSB recommends that regulators develop performance standards for side and front underride protection systems to improve highway vehicle crash compatibility with passenger vehicles. https://www.ntsb.gov/safety/mwl/Pages/mwl9_2015.aspx
2015 NHTSA issued a Notice of Proposed Rulemaking on: ANPRM Single Unit Trucks (withdrawn for not being cost effective) and NPRM improved rear underride guards (still in limbo as of 1/10/2020).
2015 Aaron Kiefer, crash reconstructionist and forensic engineer, was issued a patent for an innovative combination side & rear trailer underride protection system: https://www.google.com/patents/US9463759 Please see the numerous underride patents referred to in this patent.
2017IIHS TOUGHGuard Award Announced for improved rear underride guard design by trailer manufacturers, March 1, 2017
2017IIHS tests side underride guards at 35 mph, and illustrates the dramatic impact side guards have in preventing serious injury and death. IIHS Announces Side Guard Crash Testing Results :
2019 FMCSA Volpe Transportation Center Study Final Report Completed by February 2019 but not available publicly (as of 1/10/2020). Goals include — Despite three decades of international experience, the operational, cost-benefit, and regulatory aspects of requiring truck side guards in the United States has not been studied. This research project addresses this gap. Five key tasks are included in this project: (1) study interaction of a potential side guard with other truck parts and accessories (e.g., fuel tanks, fire extinguisher, exhaust system) and the implications for a new Federal Motor Carrier Safety Regulation; (2) investigate applicable international side guard standards; (3) perform a preliminary cost-benefit analysis of truck side guard deployment; (4) propose recommendations; and (5) propose means for voluntary adoption.: Study of Truck Side Guards to Reduce Pedestrian Fatalities
2019 Underride Issue & Legislation discussed at the House Transportation & Infrastructure Committee Hearing on June 12, 2019 on The State of Trucking In America
2019 August 23, 2019: Jury Verdict $42 million in Riley Hein Side Underride Case: Found the Trailer Manufacturer Negligent In August, a New Mexico jury found a trailer manufacturer “negligent” in a side underride fatality. “The family hopes the verdict ‘sends a message’ to the truck-trailer industry to take measures to prevent underride crashes.” Read more here. (TTMA Joint Defense Agreement)
2019 Basics of Underride problem & solutions presented at North Carolina Vision Zero Traffic Safety Conference:
2020 Underride Staff Briefing, August 19, 2020:
On August 19, we hosted another Underride Staff Briefing — this time via Zoom. We are providing Congressional Offices with the PowerPoint pdf from that presentation, including comments from engineers with expertise in underride as well as underride families: Underride Briefing PowerPoint pdf (inc. links to resources & video)
You cannot begin to imagine the riotous cacophony of emotions ricocheting about within this mother’s heart right now. Pain. Grief. Anger. Frustration. Outrage. Heartache.
These last few days, Lois and I have been on a journey together which has taken unexpected turns. After driving cross-country with my son to help him get settled in his new home in Santa Cruz, l took a red-eye flight to Chicago where Lois picked me up from the O’Hare airport.
Our original plan was to get on the highway and head for a cottage in Michigan. But it seemed good to us both to take this opportunity for Lois to give me a glimpse of her daughter Roya — the house where she grew up, a favorite restaurant, a school and church, her grandpa and the home he built, and finally her final resting place here on this earth.
It was a very good and a very hard thing for the two of us to do. And then we headed for my old stomping grounds.
We had made plans to spend a few days at a cottage on Lake Michigan where Jerry and I have created many memories. He and I discovered it one year on a getaway and thereafter brought our kids for many fun family times. It was also where we stayed with our nine children and their families when we returned North for my 90 year-old dad’s funeral in 2011. Twelve year-old Mary took over 600 photos on her hand-me-down camera that trip.
Perhaps you can imagine what it was like to arrive at a place so full of wonderful memories of AnnaLeah and Mary. Bittersweet. Heart-wrenching.
We enjoyed a beautiful sunset over the Lake that evening and contemplated our next steps in getting the Roya, AnnaLeah and Mary Comprehensive Underride Protection Act of 2017 introduced and passed as we tended a marvelous beach campfire.
The next morning, after sighting a rainbow on the Lake’s horizon, we set out for a local bagel shop to take advantage of their Wi-Fi. It was time to get down to business and compile a list of underride research which has been done over the years.
We had previously put together a list of underride recommendations and reports for the senator who intends to introduce the bill. Now we were responding to a request from her staff to add any additional underride research which we could find so that they could share it with Republican Offices in hopes of persuading them to jump on board with her in leading the way with this life-preserving legislation.
In summary, this legislation is so vitally important because — all too often — it is not the collision of a car with a truck which is responsible for an ensuing tragedy but the lack of adequate underride protection. This results in a second collision where the truck collides with the passengers in the car and what is known as Passenger Compartment Intrusion (PCI) which occurs with truck underride.
The day before, we had updated Jerry and asked him to look for underride patents online. I knew of a couple in particular which we had already discovered in our unwelcome truck safety advocacy journey. What he then uncovered was beyond belief.
Jerry sent us a link to a U.S. patent for a side underride device invented in 1913. What?! That was before my 90 year-old father, who has been gone for six years, was born. Over a century ago!
But that’s not all! That patent from 1913 has been cited by 26 more recent patents — ones filed by engineers working on their own ideas for solving the problem of defective truck design which allows pedestrians, cyclists, motorcycles, and passenger vehicles to ride under the side of commercial motor vehicles. Unbelievable!
As if that were not enough to cause outrage to well up, we made another discovery as we began work on updating the research list. Jerry had also sent a link to an 1896 patent for a side underride device for streetcars. Again, this patent has been cited by numerous other patents for underride protection.
In the end, we were able to compile an extensive list of underride research, reports, and recommendations on front, side, and rear underride which provides incriminating evidence of an apparent conspiracy of silence. The negligence on the part of the trucking industry and the federal government to take the initiative to do whatever is necessary in order to protect the citizens of this country from a known deadly defect is appalling.
They can no longer cling to an excuse of ignorance. They have had more than enough time to put their heads together and come up with viable solutions.
The blood of countless underride victims has been unnecessarily shed. Our precious daughters have paid the price.
Whereas it is clear that there have been many individuals who have put forth effort to solve the underride problem, the overall inaction, on the part of the industry and government, and their refusal to take responsibility for effective collaboration to find a solution has taken its toll on American families. When will this behind-closed-doors conspiracy of silence end? Very soon, I hope! In fact, we have seen significant progress in recent years — although too little and too late to save our daughters.
I know that tomorrow, as Lois and I visit the cemetery where AnnaLeah and Mary saw their grandpa buried less than two years before we buried them close by, l will weep bitter tears. I only hope that our combined efforts will be fruitful and turn the tide.
I have often shared a photo of AnnaLeah and Mary with their arms raised in joyous victory. Yesterday, l was able, for the first time, to visit the luge victors’ stand in Muskegon State Park’s winter sports complex where that photo was taken. It broke my heart to see it empty and know that they will never be able to stand there again.
I look forward to the day when I can share their victory photo once more with the world because a step will have been taken to end this travesty once and for all. Mary will get her wish to be famous somehow.
May it be so. To God be the glory for orchestrating this difficult and long-time-in-coming strategy to end preventable underride tragedies.
