On June 11, 2021, the U.S. Department of Transportation (“DOT”) announced that the federal government intends upon passing new federal laws that will require automatic emergency braking systems in both large commercial trucks and buses. From the agency’s release:
Safety is the Department’s North Star and making our roads safer for all Americans is critical. The regulatory agenda reflects this – by proposing to make safety technologies like automatic emergency braking standard, …. Requir[ing] heavy and light vehicles to include Automatic Emergency Braking….
This DOT announcement is not a revelation to those in the safety community. The National Highway Traffic Safety Administration (“NHTSA”) petition for rulemaking on semi-truck automatic emergency braking systems has been on the books since October 2015, in response to the requests submitted by safety advocates at the Truck Safety Coalition; the Center for Auto Safety; Advocates for Highway and Auto Safety; and Road Safe America.
NHTSA has set April 2022 for its announcement of the new Heavy Vehicle Automatic Emergency Braking System regulations. The General Services Administration allows the public to follow the journey of the proposed Heavy Vehicle Automatic Emergency Braking System Rule online, inviting comment on the proposal.
What is an Automatic Emergency Braking System for Semi-Trucks and Buses?
An Automatic Emergency Braking System (AEB) is a form of “collision mitigation” or “collision avoidance” now available for motor vehicles as safety technologies advance. Other examples of collision mitigation or collision avoidance for semi-trucks and buses include Electronic Stability Control Systems, which have been required to be placed on commercial trucks since 2017.
Essentially, the Automatic Emergency Braking System is designed to prevent large trucks from rear-ending motor vehicles in front of them. The AEB is activated after a warning system (using onboard radar) has attempted to alert the truck driver and the driver has not taken action to brake the truck.
Once activated, the AEB goes into action to apply the brakes instead of the driver. It makes the decision on how much force is needed in braking (partial, full, cascaded (partial following by full-tilt braking force)).
These Heavy Vehicle AEBs are not uniform. Some are designed to work when the commercial truck is being driving at a high speed, while others are designed for lower speeds. Different types of sensors are needed to be installed on the rig for different designs. Some AEBs are built with the goal for preventing accidents (within set speeds). Other commercial truck AEBs are designed to lessen the impact or severity of impact while not totally preventing a collision.
For details, read “Special Investigation Report: The Use of Forward Collision Avoidance Systems to Prevent and Mitigate Rear-End Crashes,” NTSB/SIR-15-01, published by the National Transportation Safety Board, page 15.
Risks and Benefits of AEB for Commercial Trucks
Of course, proponents of this new federal regulation mandating the installation of Automatic Emergency Braking Systems on commercial vehicles are promoting the AEB as a life-saving device which will fight against the shocking number of fatal semi-truck crashes suffered each year in this country. Since 2009, there has been a 52% jump in the number of semi-truck crashes in this country (2017 data), according to the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS). Read: Commercial Truck Crashes: FMCSA’s New Study Because of Rising Number of Fatal Semi-Truck Accidents; and Fatal Truck Driver Crashes: Record-Breaking Trucker Fatalities According to New Studies.
The AAA Foundation for Traffic Safety estimates that installation of AEBS on commercial trucks in this country could prevent as many as 5294 truck crashes each year.
However, others warn of a concern that automatic emergency braking systems, whether placed in cars or commercial trucks, also pose the danger of causing serious or fatal accidents by stopping the vehicle automatically without the involvement of the human driver. See, “Is Automatic Emergency Braking Dangerous?” written by John Goreham and published by BestRide on January 8, 2020.
Of particular concern is “phantom braking” already being experienced in non-commercial vehicles such as 2017-19 models of the Nissan Rogue. The Centers for Auto Safety, while continuing to support the concept of AEB protections, recognize that “when automatic emergency braking goes wrong, it can be incredibly dangerous.”
Nissan Rogue drivers are reporting that the version of AEBs installed on their vehicles are suddenly braking the SUV without warning and without need. Consider how dangerous this can be for the Nissan driver – and how deadly “phantom braking” could be for the driver of a heavy tractor-trailer truck on a roadway in Indiana or Illinois.
Automatic Emergency Braking Systems on Commercial Trucks in Indiana or Illinois
It is likely that new commercial trucks, beginning sometime in 2022, will be federally mandated to have AEBs installed on their rigs. It is also predictable that these automated braking systems may prevent deadly rear-end collisions between commercial trucks and smaller vehicles on our roadways.
Preventing even a single fatal semi-truck crash is to be commended and encouraged. These types of motor vehicle accidents are some of the most horrific of any type of traffic collision with victims and their loved ones suffering in multiple, indescribable ways.
However, technological advances come with their own risks and concerns. Given that these AEBs are not uniform for big rigs, semi-trucks, tractor-trailers, and 18-wheelers, there must be recognition that the failure of an AEB to perform as envisioned may pose its own fatality risks.
In these tragedies, not only the trucking company and the driver may face legal liabilities, but third parties responsible for the design, implementation, installation, repair, and maintenance of that AEB in the commercial vehicle may face responsibility for the AEB failure and its consequences.
The state laws of Indiana and Illinois provide avenues for justice to truck crash victims and their families based upon workers’ compensation, wrongful death, negligence, defective products, and product liability laws. For more, read:
- Different Types of Fatal Semi-Truck Accidents and Tractor-Trailer Crashes;
- Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana;
- Motor Carriers’ Continued Focus on Profit Instead of Health and Safety of Truck Drivers Shown in New ATRI Report;
- Collision Avoidance Systems Promoted by NTSB for Commercial and Passenger Vehicles: Need Them in Trucks Today;
- Car Crashes and Automated Car Technology: The Changing Focus of Auto Accident Claims in Illinois and Indiana.
The risk of a serious or fatal commercial truck crash is greater in our “Crossroads of America” than in other parts of the country. Please be careful out there!
