Federal regulators have recently turned down a request to investigate defective truck equipment designed to prevent serious and fatal truck accidents. The National Highway Traffic Safety Administration (NHTSA) denied a petition filed in 2022 by parents who lost children in truck crashes. These parents sought an inquiry into fatal accidents where passenger cars collide with the rear end of a truck, known as truck rear underride crashes.
Jerry and Marianne Karth, Eric Hein, and Lois Durso-Hawkins submitted the petition. They sought to trigger an investigation and subsequent recall of defective or missing rear impact guards on van-type or box trailers. The petitioners argued that the truck and trailer manufacturers likely won't voluntarily address the hazard without the government getting involved. Underride guards help prevent passenger compartment intrusion during collisions. They can significantly reduce fatalities and severe injuries in truck rear underride crashes.
What actions has the NHTSA taken to address truck rear underride crashes?
According to NHTSA's Eileen Sullivan, the issues raised are best addressed through its recent rulemaking and ongoing actions. This rulemaking was required by the 2021 Bipartisan Infrastructure Law. The agency reviewed over 200 news articles on fatal truck crashes submitted by the petitioners. However, NHTSA found that only 22 involved box trailers, and couldn't determine the model years in any cases.
A month after receiving the petition, NHTSA finalized new minimum rear-guard safety standards, replacing those from 1996. These updated standards took effect on January 11, 2023, and the compliance deadline was July 15, 2024. Additionally, NHTSA is researching rear impact guard designs to better protect passenger vehicle occupants in various rear underride crash scenarios.
How have safety advocates reacted?
Safety advocates criticized NHTSA's new standards as insufficient. Joan Claybrook, a former NHTSA administrator, called the rule "regulatory malpractice" and pointed out that 94% of trailers already met the standards. She also accused NHTSA of lowering the bar on public safety instead of enhancing it.
Since the petition was filed, Marianne Karth has been appointed to NHTSA's Advisory Committee on Underride Protection. This committee advises the U.S. Department of Transportation on safety regulations to reduce underride crashes. Karth expressed frustration with NHTSA's denial, stating, "NHTSA references the 2022 final rule, which updated previous standards but still falls short of standards that insurers and manufacturers have shown can prevent underride crashes."
Why are truck rear underride crashes so dangerous?
In an underride crash, the smaller vehicle slides beneath the truck's trailer, which can shear off the car's roof or crush the passenger compartment. This often bypasses the car's safety features designed to protect occupants in typical collisions. Because of the compartment intrusion, occupants are at high risk of catastrophic injuries, including decapitation, severe head trauma, spinal cord injuries, and crushing injuries to the upper body.
Additionally, underride accidents can occur quickly, giving drivers little time to react. This is especially true at night or in low visibility conditions when a truck's trailer may be hard to see. While many trucks are equipped with rear underride guards, these can fail or be inadequate, especially in offset collisions or impacts at higher speeds.
How underride accidents happen
Several factors and actions by truck drivers and trucking companies can lead to these dangerous incidents, including:
Lack of Proper Underride Guards
Many trucks lack adequate underride guards. Inadequate or poorly maintained guards fail to provide the necessary protection during a collision.
Insufficient Reflective Markings
Trucks that lack proper reflective tape or lighting are less visible to other drivers, especially at night or in poor weather conditions. This can lead to accidents where a smaller vehicle collides with the side or rear of the truck.
Improper Lane Changes
Truck drivers who make sudden or improper lane changes without checking their blind spots can cause smaller vehicles to get trapped and slide underneath the truck.
Left-Turn Collisions
When truck drivers make wide left turns, they often create large blind spots. If the driver fails to ensure the intersection is clear or misjudges the speed and distance of oncoming traffic, it can lead to a smaller vehicle sliding underneath the truck during the turn.
Failure to Use Warning Signals
Truck drivers who fail to use turn signals or hazard lights when stopping or turning can create unexpected hazards for other drivers, increasing the risk of underride accidents.
Poor Truck Maintenance
Regular maintenance is crucial for the safety of large trucks. Failing to maintain brakes, lights, and underride guards can lead to dangerous situations where a smaller vehicle is unable to stop in time or see the truck clearly, resulting in an underride collision.
Overloaded or Improperly Loaded Cargo
Trucks that are overloaded or have improperly secured cargo can cause the trailer to sag or shift, reducing the effectiveness of underride guards and increasing the risk of an accident.
Speeding and Reckless Driving
Truck drivers who exceed speed limits or engage in reckless driving behaviors reduce their reaction time and control over the vehicle, making it more likely for underride accidents to occur.
Take legal action today after a truck underride accident in San Antonio
If you've been involved in a truck underride accident in San Antonio or anywhere in Bexar County, Texas, you could be faced with severe injuries with long-term physical, emotional, and financial consequences. Even worse, you may have lost a loved one in a crash. The Herrera Law Firm knows how devastating underride truck accidents are. We're ready to fight for your rights and help you pursue the financial recovery you deserve.
Our experienced truck accident attorneys know how to investigate these complex accidents thoroughly, gathering the evidence needed to build a strong case on your behalf. Don't let insurance companies or trucking firms downplay your suffering or deny you fair compensation. Contact us today for a free consultation. Let us put our knowledge and resources to work for you and your family during this challenging time.
