Sophie Rosenberg, a 19-year-old Texas A&M engineering student, had just left Austin City Limits Music Festival shortly before her death. Her mother, Leslie, offered Sophie a ride back to College Station. They left shortly after midnight on October 15, 2018, and were within 25 miles of campus when tragedy struck. Around 3:20 a.m., the driver of a semi-trailer truck with no side guards failed to yield at a stop sign and pulled in front of the minivan carrying Sophie and Leslie.
The crash left no skid marks and tore off the van’s top, killing them both instantly. This tragic type of truck accident, known as an underride crash, happens when a passenger vehicle collides underneath the trailer of a large commercial truck.
Underride accidents are often fatal
According to the Insurance Institute for Highway Safety (IIHS), underride crashes kill roughly 500 people each year in the U.S. Without any structural barriers to block the smaller vehicle’s path, the upper part of the vehicle often ends up crushed. These crashes often happen in low-visibility situations or on dark roads where drivers may not see a truck in time to stop. This design flaw has proven fatal in thousands of cases, and underride crashes remain one of the deadliest types of vehicle collisions.
Jay Rosenberg, Sophie’s father, recalls that the truck blocked the whole road. There were no lights, and it happened so quickly that the airbags didn’t even deploy. "If the car hit any sort of guards like they have on the back of trucks — they don’t have those on the side — that would cause the airbags to inflate," said Rosenberg.
How could truck side guards prevent crashes?
According to safety experts, underride guards could save lives by creating a barrier that blocks cars from sliding under trucks. IIHS senior research engineer Matthew Brumbelow has conducted crash tests with side underride guards and found they successfully stopped cars from sliding underneath. In two IIHS crash tests, side guards prevented a car from going under a trailer and kept the passenger space intact. "They would save lives if they were required," said Brumbelow.
Why hasn’t the U.S. required side underride guards yet?
The U.S. Department of Transportation currently mandates rear underride guards on trucks, but side guards remain optional. Brumbelow, who is part of the Advisory Committee on Underride Protection, explained, "For decades, different groups like us have been asking (the National Highway Transportation Administration) to require side underride guards, and they have declined to do so after studying how much they think it would cost."
A recent report from the NHTSA estimated that installing side underride guards would save more than 17 lives and prevent 69 serious injuries each year. However, it also projected that the cost could total between $844 million and $1 billion. According to Brumbelow, the NHTSA’s estimate is low, and side guards could save as many as 200 lives per year based on IIHS data.
In 2021, Congress established the Advisory Committee on Underride Protection, which recommended that NHTSA require side guards that could withstand impacts of up to 40 mph. NHTSA is now considering that recommendation, but no rule has been made.
Pushback from the trucking industry
The American Trucking Association (ATA) and other industry groups have long opposed a federal mandate on side underride guards. They argue that the added weight of the guards could compromise the structural integrity of trailers. The ATA also cited financial concerns and estimated that installing side guards on all trucks would cost the industry $35 billion.
The NHTSA’s decision not to require side guards is partly based on a cost-benefit analysis that weighs the expense of installing the guards against the number of lives they would save. While some government estimates place the value of lives saved at a relatively low figure, safety advocates argue that every life saved is worth the investment. Brumbelow insists that side underride guards offer a straightforward, low-tech solution to a deadly problem, yet they remain sidelined by budget concerns.
A father’s plea for change
For Jay Rosenberg, the fight for side underride guards isn’t just about regulations; it’s personal. He believes that if side guards had been required the day his wife and daughter were killed, they might still be here today. Rosenberg has reached out to members of Congress and the NHTSA, hoping to push for a change in safety regulations. He wants to ensure that no one else loses a loved one in a preventable underride crash. “We can’t afford to wait on this,” he said. “For my wife, my daughter, and countless others, side guards could mean the difference between life and death.”
Our Texas truck accident lawyers fight for accountability
If you were injured or a loved one died in a truck accident, the attorneys at Tracey Fox & Walters in Texas are here to help you pursue justice, accountability, and compensation for your losses. Our experienced team understands the devastation these accidents bring, and we’re committed to holding reckless truck drivers and companies accountable for the harm they’ve caused. We know what it takes to investigate, gather evidence, and build a strong case on your behalf.
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