Tractor-trailers are the backbone of the American economy, transporting goods across vast distances. However, their sheer size and weight pose a significant safety risk to smaller vehicles in the event of a collision. One particularly dangerous scenario is the underride crash, where a car or motorcycle slides under the trailer's body, often with catastrophic consequences.

Enter side safety guards, also known as underride guards, for tractor-trailers. These are not yet mandated but are becoming increasingly popular as their effectiveness in preventing side-impact underride crashes is recognized. They come in various designs, including vertical bars, mesh panels, and even inflatable systems. These metal barriers, typically installed along the sides and rear of the trailer, act as a physical barrier, preventing smaller vehicles from sliding under the trailer in a side-impact collision. This can significantly reduce the severity of injuries and even save lives. Notably, rear underride guards are already mandated by federal regulations for all new trailers. They are typically horizontal bars mounted at the rear of the trailer to prevent cars from sliding under during rear-end collisions.

A recent article mentioned that regulations regarding mandating side guards will be delayed for another 10 months. In the meantime, there are two sides at odds over the regulation. Both sides want to save lives, but they disagree on whether side guards are the best way to accomplish this.

The Problem of Underride Crashes

Underride crashes are a major concern for road safety. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 89 people die and 409 are seriously injured each year in the United States alone due to underride crashes involving passenger vehicles and large trucks. These crashes are particularly brutal because the smaller vehicle's occupants are often crushed between the undercarriage of the truck and the trailer.

Side guards work by deflecting the smaller vehicle away from the trailer's wheels and frame, preventing it from sliding underneath. This can significantly reduce the risk of intrusion into the passenger compartment, protecting the occupants from serious injuries. Studies have shown that side guards can be effective in reducing fatalities and injuries in underride crashes by up to 98%.

The Controversy of Mandating Side Guards

While the safety benefits of side guards are undeniable, there is ongoing debate about whether they should be mandated by law. Proponents of the mandate argue that the potential to save lives outweighs any concerns about cost or implementation. Opponents raise practical concerns, including the cost of retrofitting existing trailers which can run into thousands of dollars per unit. This adds a significant burden to trucking companies, especially smaller ones already operating on tight margins. Opponents also argue that there is a negative potential impact on fuel efficiency due to the added weight, as well as reducing payload capacity. Every pound affects the bottom line, causing further hesitation with the idea of a mandate and its burden on companies when considering the relatively low frequency of fatal underride crashes compared to other road accidents.

Beyond these cost issues, there are also concerns about the effectiveness of different guard designs in various situations. Some argue that side guards may not protect smaller vehicles like motorcycles as effectively as others and may even snag and cause more damage in certain impacts. The potential for unexpected interactions with infrastructure like railroad crossings or loading docks also raises concerns about potential damage and operational inconveniences.

As stated earlier, the NHTSA is currently studying the issue of side underride guards and may propose a mandate in the future. Of course, the NHTSA has been studying this issue since the rule was first proposed back in 1969. Meanwhile, several states have already passed laws requiring side guards on trucks operating within their borders.

As an alternative to the mandate, some groups in opposition are advocating for alternative safety measures like driver training and improved visibility for smaller vehicles, which they believe will prevent imposing a burden on trucking companies while also preventing accidents.

Ultimately, the question of whether the benefits of side guards outweigh the challenges remains a contentious one, demanding careful consideration from policymakers and industry stakeholders alike. If you have questions about this article, or about industry regulation changes in general, contact Mike Jacquez (mjacquez@setlifflaw.com) at 804-377-1262 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.