Tag Archives: Vision Zero

“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

Victory in MD car safety disclosure legislation should be adopted by all states.

@POTUS #VisionZero Maryland car safety disclosure law passes assembly. Next step: all states should adopt. Why on earth not?

What is more important: states rights or saving human lives from a sentence of preventable Death by Motor Vehicle?

Maryland Assembly Passes One of Nation’s Strongest Car Safety Disclosure Laws

More Safety and Transparency for all MD Drivers

Apr 15, 2016, 05:00 ET from Consumer Auto

Why on earth don’t we establish National Traffic Safety Standards & require them to be adopted by States?

Care 2 Petition Poster 006

End Car Safety Wars now!

Cover of Car Safety Wars by Michael Lemov
Cover of Car Safety Wars by Michael Lemov

Each time a layer of apparent deception is peeled away, I am incensed at what seems like betrayal.

Our particular crash was, of course, due to the failure (for whatever reason) of a truck driver to maintain lane and hitting our car so that we went backwards under another truck. I, and my son in the front seat with me, survived that crash. But, because the underride guard failed to do its intended job, Mary and AnnaLeah (in the backseat) experienced an untimely and unnatural end to their lives.

My question is: Should someone be held accountable for the failure of that federally-required piece of equipment which resulted in two deaths? Is the manufacturer liable to prevent someone from being killed when they collide with a truck? And, mind you, expecting them to do so would not be some pie-in-the-sky kind of expectation. It has been proven that protection is possible from much worse circumstances than are currently required.

Every time another layer of apparent deception is peeled away, I am incensed anew at what seems like betrayal.  How many times have decisions been made over a span of decades that have deliberately blocked a strengthening of protection against truck underride? How many people have looked the other way? Surely this is not just a case of ignorance on the part of all persons involved.

The Judicial third branch of the government has provided little hope for ensuring that the truck/trailer manufacturer will be held responsible for the failure of their product, upon collision with it, to prevent horrible, unnecessary death. I was reminded of that unfortunate reality again, when we were in Washington to deliver the Vision Zero Petition, as the topic came up again related to our crash.

In fact, upon a simple search of the internet, I found this example of the difficulty of pinning liability upon the manufacturer:

Defendant . . . avers that despite the truth of these facts, it owed no duty to persons such as plaintiff’s decedent who crash into the rear of its trailers. . . . maintains that there is no duty to design, manufacture and sell a trailer which is “accident-proof” that is, able to protect “invaders” or “trespassers” who run into the trailer and later seek legal redress  U.S. District Court for the Middle District of Alabama – 816 F. Supp. 1525 (M.D. Ala. 1993) March 26, 1993.

What?! So there you have it. At least some manufacturers are willing to fight for their right to avoid ethical responsibility for designing their product to be safe to travel around.

Few have been able to bring about a successful judgment against manufacturers, although some have tried: See Beattie v. Lindelof, 633 N.E.2d 1227 (Ill. App. Ct. 1994); Mieher v. Brown, 301 N.E.2d 307 (Ill. 1973), but cf. Harris v. Great Dane Trailers, Inc., 234 F.3d 398 (8th Cir. 2000) (Arkansas law); Buzzard v. Roadrunner Trucking, Inc., 966 F.2d 777 (3d Cir. 1992) (Pennsylvania law); Rivers v. Great Dane Trailers, Inc., 816 F. Supp. 1525 (M.D. Ala. 1993);Worldwide Equipment, Inc., v. Mullins, 11 S.W.3d 50 (Ky. Ct. App. 1999); Detillier v. Sullivan, 714 So.2d 244 (La. Ct. App. 1998); Quay v. Crawford, 788 So.2d 76 (Miss. Ct. App. 2001);Garcia v. Rivera, 553 N.Y.S.2d 378 (N.Y. App. Div. 1990); Hagan v. Gemstate Mfg., Inc., 982 P.2d 1108 (Or. 1999); Great Dane Trailers, Inc. v. Wells, 52 S.W.3d 77 (Tex. 2001).

In one case, a court reasoned that:

the manufacturer is obliged to secure the occupants of only its vehicle from that foreseeable harm: the manufacturer does not owe a duty to protect those who collide with its vehicle. See Mieher, 301 N.E.2d at 308-10; but see id. at 310-11 (Goldenhersh, J. dissenting) (arguing that the duty of care should extend to prevent unreasonable risk to occupants, other drivers, and pedestrians).

In my mind, the question remains: Does the manufacturer owe travelers on the road the duty to exercise reasonable care in designing its motor vehicle?

One author takes a look at this question:

Does a vehicle manufacturer owe a duty to design a vehicle with which it is safe to collide? The Illinois Supreme Court said no in the case of an underride accident, where one vehicle rear-ended a truck and proceeded unimpeded under its bed. The decision unleashed an ongoing debate over the concept of “enhanced injury,” where a manufacturer can be liable for defects in its vehicle that cause injuries over and above those that would have occurred from the accident but for a defective design. Illinois vehicle manufacturers have no duty to protect non-occupants who collide with their vehicles

As it stands, it appears to me that, in general, the manufacturing community is prone to protect themselves from legal impunity rather than protect travelers on the road. I would welcome the opportunity to hear differently.

So, how then do we bring about a more responsible solution to this solvable underride problem? In addition to considering how we might impact each of the three branches of our government, we have also sought for, and encouraged, voluntary action on the part of truck/trailer manufacturers–which has met with some limited success. For the most part, the manufacturers tend to take a wait-and-see attitude–particularly when NHTSA is in the midst of rulemaking–rather than take the initiative to simply go ahead and design a guard which is capable of preventing deadly underride in real life crashes.

I am thankful for the upcoming Underride Roundtable because these questions need to be addressed, once and for all. And I, for one, am unwilling to sit by and watch another underride rule be compromised so that travelers on the road continue to unwittingly play a game wherein too many people will inevitably be dealt a card with a Death by Underride sentence written all over it.

I hope that, this time around, the truth of the matter will be fully revealed and all will agree upon a comprehensive solution which offers the best possible protection. I don’t want any more people to needlessly lose their lives or suffer the unrelenting grief (complicated by anger and helpless frustration) which families like mine undergo.

31 Picture 54647 Mary's braids 006

What kind of underride protection would be the result of Vision Zero Rulemaking?

What kind of underride protection would be the result of a Vision Zero Rulemaking Policy? I would like the chance to find out!

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

Underride kills

My grandson–all on his own–has figured out some things that might have saved his aunts.

On the way home today, there was an electronic sign on I-540 letting us know that there was a crash near the exit we would be taking and that we should take an earlier exit, Actually, there were two signs–one a few miles before the alternate route to avoid the traffic back-up and then another one right before the detour.

After we got back home and were talking about it at supper, in the midst of grown-up voices, my 9 year-old grandson said that one of those signs might have helped. I said, “When?” He said, “At the crash with Mary and AnnaLeah.” I said, “Yes, it could have.”

If only there had been a sign on May 4, 2013 on I-20 in Georgia warning traffic about a crash ahead, then a certain truck driver might have been alerted enough to pay attention and notice the traffic back-up in time to slow down and not hit our car. Or we might have been diverted off that route and never been in  that situation. In both scenarios, AnnaLeah and Mary would likely still be with us today.

I’m hoping that people in this country, who can do something about it, will figure out what my grandson has — that things can be done to protect us better. And that they’ll do their part to make it happen. Less preventable deaths & serious injuries. Less grief to bear.

Trip North May 2015 030 smaller

“Our grandma wants to make the roads safer.” Remembering 2 girls in the aftermath of a truck crash

 

Small-overlap crash tests on pickup trucks; some don’t pass even tho’ they meet federal standards.

Ford F-150 Only Pickup Truck to Earn Top IIHS Safety Rating

Today from Care for Crash Victims:

Dear Care for Crash Victims Community Members:

An excellent article, showing a video of an IIHS crash test, conveys the importance of truck safety to workers and companies.

“Both consumers and businesses should pay attention to the IIHS tests, safety experts said.

“These ratings are terribly important,” said Clarence Ditlow, executive director of the Center for Auto Safety. “If I was a fleet manager, I would make sure I had my workers in the safest one. It also will save companies money over the long run.”

Beyond preventing injury, using safer vehicles reduces lost work time, workers’ compensation insurance claims and liability risk, Ditlow said.”  See

https://www.trucks.com/2016/04/12/ford-f-150-pickup-truck-earns-top-safety-rating/

The National Safety Council’s 2015 Injury Facts reports that at work about 1,500 motor vehicle deaths and 100,000 injuries occur each year.  The NSC estimates the economic costs to be nearly $24 billion in 2013.

That is about 4 motor vehicle deaths at work per day in the U.S.A. today.

The silence on this tragically preventable problem of American workers from President Obama, presidential candidates, and the media is deafening.

When will enough be enough?

 

Lou

Cover of Car Safety Wars by Michael Lemov
Cover of Car Safety Wars by Michael Lemov

National Vision Zero Goal: Unifying Force in Development of Automated Vehicles

Vision Zero Petition Book 010Mom Continues to Fight for Truck Safety After Daughters’ Tragic Death

“NHTSA: Driverless, Directionless in DC”; A National Vision Zero Goal can move us in the right direction.

Tonight I just happened to find a great article written by Roger Lanctot on the topic of driverless vehicles and crash avoidance and other good things like that. He said it with much more technical expertise than I ever could. Read it here: NHTSA: Driverless, Directionless in DC

Voices clash at first public hearing on self-driving cars

Thank you, Roger, for clarifying the issues and throwing out a challenge. Let’s hope that we as a nation can take up that challenge in a wise and timely fashion.

Here we have the opportunity to pull together the creative intelligence and technological resources of our country. Will we be able to look back, in years to come, with gratitude for being able to plan ahead in a non-competitive way to develop a workforce which creates useful products–all the while protecting health and life?

Here’s my idea–in keeping with Roger’s suggestion of a Vision Zero objective related to this technological challenge. Let’s say that a Vision Zero objective would mean that the guiding light/the plumbline would be a continual focus on safety–always asking the question at each step along the way, “How will this impact safety?”

And how would this be accomplished? By President Obama setting a National Vision Zero Goal–because who else would do it? It is an issue much broader than the Department of Transportation–and should include Labor, Commerce, Public Health, among others.

And then President Obama needs to establish a White House Vision Zero Task Force with Committees made up of resourceful people to take up challenges such as Roger Lanctot has suggested: “the development and adoption of technology that could start reducing the alarmingly high rate of crash-related injuries and fatalities in the U.S. and abroad – while also stimulating the economy and ultimately reducing the cost of vehicle ownership – or possibly eliminating vehicle ownership.”

Finally, President Obama needs to sign a Vision Zero Executive Order which will pave the way for rulemaking to actually make safety The Priority and other priorities would then fall in place subsequent to saving lives.

Can you imagine how effective and efficient such a process could be? Working together toward a common goal for the common good. Making good use of our resources and skills to meet needs.

Towards Zero Crash Deaths & Serious Injuries. A vision worth pursuing, a guiding light to keep us on track. Let’s do it, people.

What will it take to make a significant reduction in the number of people who die on our roads?

Andy Young, Marianne Karth, Jerry Karth, John Lannen
Andy Young, Marianne Karth, Jerry Karth, John Lannen in front of the DOT, March 5, 2016, delivering the 20,000 Vision Zero Petition Signatures

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

Adopt a Vision Zero goal and sign an Executive Order to Save Lives Not Dollars

We need the “Leverage” team to fight corporate & governmental injustices of preventable crash deaths.

My kids introduced me to Leverage a few weeks ago. So, lately, my husband and I have been watching episodes of the program nightly with them.

This is a description of the television series: Leverage is an American television drama series, which aired on TNT from December 7, 2008, to December 25, 2012.[2] The series was produced by Electric Entertainment, a production company of executive producer and director Dean Devlin. Leverage follows a five-person team: a thief, a grifter, a hacker, and a retrieval specialist, led by former insurance investigator Nathan Ford, who uses their skills to fight corporate and governmental injustices inflicted on ordinary citizens.

Last night, after watching a couple of episodes, I was thinking about our nation’s careless negligence of, and seeming indifference to, the senseless, preventable crash deaths which occur every day. It made me wish that the Leverage team could join us in taking on the hard-to-pin-down conglomeration of traffic safety factors*–many of which could be overcome or prevented and which result in the devastation of individual and family lives. Changed forever. No coming back.

*Underride crashes are a prime example of a problem which can be solved, but for which no one has truly been held responsible/liable/accountable for decades.

Mary (13) wrote a letter to herself a few weeks before the crash that took her life. She intended to read her letter 10 years later in 2023. One of the things she wrote was that she hoped to be famous someday; she didn’t know how, she just did.
 
A Leverage movie drawing attention to the widespread problem of traffic safety deaths (especially due to manufacturing defects) could highlight Mary’s and her sister AnnaLeah’s untimely end to their lives. And she would get her wish.

@DeanDevlin

Timothy Hutton, Gina Bellman, Christian Kane, Beth Riesgraf, and Aldis Hodge

Dear Leverage team,

I am asking you to champion a National Vision Zero Goal and Strategy to reduce crash deaths and serious injuries. Traffic safety is of great interest to me following the deaths of my two youngest daughters, AnnaLeah (17) and Mary (13), due to a truck underride crash on May 4, 2013.

My kids introduced me to Leverage a few weeks ago. So my husband and I have been watching it nightly with them. Last night, when I was getting ready for bed, I was thinking as usual about the frustrations of corporate negligence and indifference to the senseless, preventable crash deaths which occur every day. It made me wish that your Leverage team could join us in taking on the Goliath which ignores the problem and perpetuates the devastating impact on individual and family lives.

Since our horrific crash, my family and I have become vocal advocates for highway safety improvement, including a petition signed by 11,000+ people which we took to DC on May 5, 2014. Following that meeting with NHTSA and FMCSA, a rulemaking was initiated in July 2014 to study the need to improve rear underride protection on tractor-trailers, as well as additional proposed rulemaking in July 2015 for underride protection on Single Unit Trucks.

We are not stopping at that but are collaborating with the Insurance Institute for Highway Safety and the Truck Safety Coalition to plan an Underride Roundtable to be held at the IIHS’s crash testing facility in Ruckersville, Virginia, on May 5, 2016. We hope that by bringing together the trucking industry, regulatory officials, law enforcement, attorneys, truckers, engineers, and safety advocates, we can bring about more effective underride protection. https://annaleahmary.com/2015/10/underride-roundtable-save-the-date-may-5-2016/

In addition, we believe that it is not enough to seek improvement through rulemaking but that there needs to be an overhaul of how rulemaking is handled. In light of that, we have launched a Vision Zero Petition online to request that DOT/OIRA approach highway safety rulemaking with a Vision Zero policy. http://www.thepetitionsite.com/417/742/234/save-lives-not-dollars-urge-dot-to-adopt-vision-zero-policy/

Furthermore, we think that the regulatory approach to highway safety rules should not be strangled by cost/benefit restraints that hold up human life and health dollar for dollar against corporate profit and economic stability. That is why we are asking you to back our petition to President Obama for a Vision Zero Executive Order which would modify President Clinton’s Executive Order 12866 and pave the way for stronger safety measures to be established in a more timely manner.

Please let me know at your earliest convenience if this is a cause which you can champion.

In memory of AnnaLeah & Mary–who occupy our thoughts daily,

Marianne Karth

https://annaleahmary.com/

Rebekah photo of crash

Contact me at: marianne@annaleahmary.com

Safety is not a priority 002Who are no more with photo

Don’t get me wrong; I’m not looking for vengeance or ruin. I’m looking for justice  — for accountability in matters of personal and corporate actions which can make the difference between life and death for someone and can ravage someone else’s life. . . forever.

Nothing will ever, ever bring AnnaLeah and Mary back in this life. No way, can’t happen. Not in this life, but only in the life to come. (Hang in there.) And that hurts so freakin’ bad. Every single day.

But I know that more, much more, can be done to ensure that other people don’t go through the same (and thankfully they will never really realize it). And there are forces that are working against our attempts to  truly make saving lives matter more than saving money. Hard to believe, right?

Whereas I feel powerless right now to bring about lasting, far-reaching change, I know that it does not depend on me. And so I am hoping that all the right pieces will fall in place at the right time to open eyes to the truth and a better way to protect ourselves and our families.

DC in 1938:Raised “death flag” for traffic deaths. Give honor to victims/visibility to problem. #VisionZero

So, apparently, in 1938, Washington DC used two flags to announce the city’s progress in traffic safety: a white one was put up on Deathless Days and a black skull & cross bones when a traffic death was reported.

What might it do to help promote a safety culture if we give honor to victims and visibility to progress (or the lack thereof) in moving Towards Zero Crash Deaths & Serious Injuries.

Also, see this article: When D.C. Flew the Skull and Crossbones For Every Traffic Death

And, today, Traffic Safety/Deaths is not even an issue on whitehouse.gov. See for yourself.

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

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