Pending bipartisan legislation would force trucking companies to install underride guards on commercial trucks
When a passenger vehicle of any type (car, SUV, pickup truck, minivan, etc.) collides with a commercial truck (big rig, semi, 18 wheeler, tractor trailer, etc.) in such a way that the vehicle literally slides under the large truck body, the accident is called an “underride accident.”
Underride accidents are often deadly for the occupants of that motor vehicle. Whether the vehicle slams into the rear of the big rig or the side of a semi-truck, the force of impact even at low speeds can crush that vehicle beneath the commercial truck, with horrific consequences.
The risk of a fatal underride crash is debated: ask the trucking industry and you’ll get answers that these are rare events. Ask safety advocates and you’ll get a different story. Many agree that truck underride crashes happen much more often than federal reports recognize today. See, e.g., Blower, Daniel, and Kenneth L. Campbell. “Underride in fatal rear-end truck crashes.” SAE transactions (2000): 910-917.
No one knows exactly how many deaths are caused by truck underride accidents because the federal government does not have any kind of standardized reporting for these types of crashes.
However, given the fact that the roads of Indiana and Illinois have some of the highest commercial truck traffic in the country, it is reasonable to assume that our part of the country may see more underride fatalities than most, if not all, of the other states in the union.
Pending Legislation: the Stop Underride Act
This year, identical bills are moving through the Senate and the House of Representatives that hope to save lives that would be lost in these tragic truck crashes. The new law, once passed, is to be called the “Stop Underride Act.”
In the House HR 1511 has been introduced while the Senate considers S 665. Read the complete text here.
If passed, this new federal law – the Stop Underride Act – would require commercial trucks to be outfitted with front, side, and rear under guards. Standards for these underride guards would also be updated.
Currently, federal legislation only provides for underride guards on the rear of big rigs, and these semi-truck guards have proven insufficient to prevent a fatal underride crash. Read Brumbelow, Matthew L., and Laura Blanar. Evaluation of US rear underride guard regulation for large trucks using real-world crashes. No. 2010-22-0007. SAE Technical Paper, 2010.
From one of the bill’s co-sponsors, Senator Kirsten Gillibrand:
“Congress has the ability to make simple and commonsense changes that would save lives on the roads. Truck underride guards are one of the best and easiest solutions for protecting passengers and preventing them from being killed when a car collides with a truck. I’m proud to introduce the Stop Underrides Act to protect passengers and help keep our roads safer, and I urge all of my colleagues to join us in supporting this bipartisan bill.”
Growing Support for the Stop Underride Act
Across the country, support is growing for the passage of this new law. Among the organizations pushing for passage of the Stop Underride Act are: Advocates for Highway and Auto Safety, the Commercial Vehicle Safety Alliance, the National Safety Council Road to Zero Coalition, and the Truck Safety Coalition.
From the Executive Director of the CVSA, Collin Mooney:
“As members of the law enforcement community who proactively inspect commercial motor vehicles for safe mechanical fitness during roadside safety inspections, CVSA member jurisdictions know the importance of taking steps to reduce fatalities and serious injuries on our nation’s roadways. If passed, the Stop Underrides Act will help mitigate the severity of underride crashes and make our roadways safer.”
Why Are Deadly Underride Accidents Still Happening?
The risk of a fatal underride truck crash is real and has been a recognized threat to those driving on American roadways for years. The problem has not been in determining how to fix things. The technology is there. One issue has been money.
Once again, the trucking companies who put profits over people have not voluntarily installed underride guards on their rigs. They have chosen to let these fatal accidents happen rather than spend the money to add guards to their trucks.
From David Friedman, Vice President of Advocacy for Consumer Reports:
“Congress should pass the Stop Underrides Act right away. After more than 60 years of study by the federal government, it is well past time for our nation to protect families from losing loved ones in truck underride crashes. Stronger underride guards on trucks will make these crashes far less severe. The technology is there—what’s been missing is the will to put it to work. Passing this bill can change that.”
Of course, some truckers argue against these underride guards because of driving concerns. For the commercial truck driver, under guards are seen as a deterrent to safe and effective driving of their big rig or semi-truck. The under guards are argued to be big problems for truck drivers as they deal with daily road issues like high street curbs, low road crossings, and other hazards.
Independent truck drivers are against this new law, according to the Owner-Operator Independent Drivers Association (OOIDA), which describes itself as “the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers.”
To read the letters sent to Congress regarding the Stop Underrides Act by the OOIDA, urging that the law not be passed, see:
- OOIDA Letter to U.S. House of Representatives Opposing H.R. 1511; and
- OOIDA Letter to U.S. Senate Opposing S. 665.
Justice in the Aftermath of a Deadly Underride Truck Accident
For the loved ones of those who perished as victims of fatal underride truck crashes, as well as those representing underride accident victims and their families in claims asking for justice under state personal injury laws, the need to protect the public from the underride crash is clear.
Underride accidents are horrific crash sites. The truck literally sits atop a motor vehicle which has been forced underneath the big rig or tractor trailer truck due to the energy of the impact itself. A fatal underride crash can happen even at low speeds. Actions are necessary to protect the public against these terrible accidents.
As we drive the roads of Indiana and Illinois, we must all be aware or the danger of an underride crash and the lack of under guards on the commercial trucks we drive alongside. Please be careful out there!
