It’s Time for a Truck Underride Guard Law

Steven G. Wigrizer, of Philadelphia personal injury law firm Wapner, Newman, Wigrizer, Brecher & Miller, said that this simple device would save lives at comparatively little cost to trucking companies.


Philadelphia, PA, Jan. 15, 2019 (GLOBE NEWSWIRE) -- A simple but effective device could be saving hundreds of lives each year on American roads – if it were only required by law. If you’ve ever experienced crippling anxiety when a large truck merges into your lane, then you’ve likely considered the importance of underride guards without even realizing it.

Every year in the United States, approximately 200 people are killed in “side underride” crashes. These crashes occur when a smaller vehicle is caught underneath the side of a tractor-trailer. Side underride crashes are some of the most terrifying and catastrophic on our roads.

Steven G. Wigrizer, a personal injury attorney and partner at Philadelphia law firm Wapner, Newman, Wigrizer, Brecher & Miller, believes that many of these lives would be spared if laws mandating side underride guards were enacted.

“Safety advocates like those at the National Transportation Safety Board have made it clear that side guards on large trucks will save lives,” Wigrizer said. “While there will certainly be some costs carried by trucking companies and owner-operators, those costs are dwarfed by the benefits to overall road safety.”

Bipartisan legislation has been proposed in Congress to mandate guards on trucks exceeding 10,000 pounds. The measure was introduced in December 2017 by Sen. Kirsten Gillibrand (D- N.Y.) and Sen. Marco Rubio (R-Fla.). Gillibrand said that the dangers posed by underride crashes is a problem with an easy solution.

Many in the trucking industry have either remained silent on the issue or opposed the legislation outright. Truck Trailer Manufacturers Association opposes the legislation, while the American Trucking Associations and Owner-Operator Independent Drivers Association - two organizations that have previously opposed the idea of side guard mandates - have yet to weigh in on the current proposal.

Wigrizer said that the reluctance of these groups is unsurprising.

“This is par for the course when it comes to regulation in the trucking industry,” he said. “If the history of vehicle safety has taught us anything, it’s that advances are made when lawmakers take these matters into their own hands. We can’t wait around for industry groups to get on board while underride crashes continue to cost lives.”

As reported by NBC News in 2017, the trucking sector of the transportation industry donated $1 million to members of the Senate Commerce committee in the last six years, according to information the news outlet gathered from OpenSecrets.org.

Lawmakers that have been on the receiving end of these donations deny that contributions impact their decisions.

Trucking industry advocates say that guards would add weight to trucks, compromise structural integrity of these vehicles and make drivers vulnerable to being placed out of service for violations found during inspection.

Wigrizer said that while those concerns might be somewhat valid, they echo reservations expressed when the issue of rear guards became prominent in the 1960s after the death of celebrity actress Jayne Mansfield. Mansfield’s death in a rear-end collision with a large truck prompted a national dialogue about the necessity of rear guards.

“It took 30 years after Mansfield’s death before lawmakers made the National Highway Traffic Safety Administration proposals the law of the land,” Wigrizer said. “These guards are only now beginning to live up to their potential for saving lives. There’s no reason we should delay a side guard mandate any longer.”

About Wapner Newman Wigrizer Brecher & Miller:

For over 40 years, the law firm of Wapner, Newman, Wigrizer, Brecher & Miller has been helping victims of serious personal injury and wrongful death. It serves personal injury victims throughout Pennsylvania and New Jersey, with offices in Philadelphia, West Conshohocken, Allentown, and Marlton. For more information, visit the firm’s website https://www.wnwlaw.com/

 

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Personal Injury Attorney, Steven G. Wigrizer

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