Underride Crashes Are Frequently Fatal, and the NHTSA Is the One to Blame

On June 20, two people were injured when a pickup truck rear-ended a tractor-trailer on I-77 just north of LaSalle Street. Both were transported to different medical facilities, one with very serious injuries. Just two days later, another pickup truck rear-ended a different 18-wheeler on I-77, this time near mile marker 73. The driver of the tractor-trailer, who was stopped in traffic, was uninjured. The driver of the pickup truck was airlifted to Carolinas Medical Center in Charlotte and later died.

What are underride guards?

Large commercial trucks feature a safety device known as underride guards. The device is simple; a metal bar that extends down from the back of the truck. Its role is equally simple; it is designed to prevent vehicles from sliding under a trailer during a crash. Unfortunately, current regulations only require underride to be effective in crashes at 30mph or less.

Underride crashes are horrifying for the simple reason that the bottom of most trailers is at the head-height of passengers for most vehicles on the road. When a collision occurs, the occupants of passenger vehicles often suffer severe head trauma. At high speeds, decapitation is a real possibility.

Safety advocates have been calling for stronger requirements for years; about 200 people die in underride crashes every year, often from gruesome injuries. Last December, the National Highway Traffic Safety Administration disclosed a proposal for strengthening regulations after two years of investigation. The agency’s plan is, unfortunately, dismal.

Behind the times

The NHTSA proposes to require underride guards to provide adequate crash protection at 35mph and under, a policy that Canada emplaced in 2007. FairWarning reports, “Given that more than 90 percent of new semi-trailers sold in the U.S. already comply with the Canadian standard, NHTSA has said its proposal would likely save only one life and prevent only three serious injuries a year…

‘Sadly, their proposal is to replace a 20-year-old standard with a 10-year-old standard. What they’re doing is essentially just copying the Canadian standard,’ said John Lannen, executive director of the Virginia-based Truck Safety Coalition.”

While the NHTSA is catching up with outdated policies, manufacturers are ahead of the curve. According to Trucking Info, Stoughton Trailers will make a new underride guard design standard by this year’s 4^th quarter, and they’re not alone. Three other major manufacturers will implement safer guards. The new guards have supports at the corners, a feature that makes them less likely to penetrate another vehicles passenger compartment.

When companies outpace the safety requirements of regulatory agencies, something is wrong with the system. Underride crashes are preventable with better safety equipment; it is a sad state of affairs when trucking companies are more proactive than the agency designed to protect our citizens on the road. Unfortunately, while some companies are embracing safety, others are exploiting the outdated regulations to cut corners and keep unsafe vehicles on the road.

When safety requirements aren’t met, families suffer. Victims of underride crashes are killed more often than they survive; when they do survive, permanent injury of some kind is almost guaranteed. If your loved one was a victim of an underride crash, you may be entitled to compensation. The experienced South Carolina commercial truck accident attorneys at McGowan, Hood, Felder & Phillips, LLC can evaluate your case and help get you the compensation you deserve. Call 803-327-7800 or contact us today for a free consultation.