Road Safety Engineer Claims US DOT Hid His Truck Side Guard Safety Analysis

Large semis, rigs, tractor-trailers, and other large commercial trucks can cause deadly underride accidents when they collide with a smaller car. In these incidents, the car slides under the truck, resulting in fatalities or catastrophic injuries. Underride accidents can occur in head-on crashes, rear-end collisions, broadsides, and other types of truck accidents.

Federal regulations mandate that commercial trucks install rear guards to prevent cars from sliding underneath in rear-end collisions. While rear guards are helpful in preventing catastrophic and deadly underride truck accidents, they only protect car occupants from rear-end collisions. Advocates argue that requiring side guards could save many lives, not just in collisions but also protect pedestrians, motorcyclists and cyclists.

According to ProPublica, side guards can significantly reduce fatalities from underride accidents. However, opponents within the trucking industry argue that the cost of implementing side guards outweighs the potential benefits.

According to the Federal Motor Carrier Safety Administration (FMCSA):

Each trailer and semitrailer must have rear impact guards (bumpers) or other devices that prevent another vehicle from riding underneath, except for tractors, pole trailers, and driveaway–towaway vehicles. Rear-impact guards on certain trailers manufactured on or after January 26, 1998, must be permanently marked or labeled and meet standards in 49 CFR Sections 571.223 and 571.224.

How an FMCSA engineer and advocates helped pressure the DOT into a review of side guard effectiveness

A May 2024 Washington Post article reported how communications between a mother who suffered the death of two teenage children when her family car slid under a tractor-trailer – and a former engineer for the FMCSA led to complaints and investigations about how the FMCSA and the trucking industry failed to properly review the engineer’s rear guard safety study. That study, conducted by the engineer, Quon Kwan, supported the use of side guards on commercial trucks – comparable to the current rear guard FMCSA requirements.

The mother, Marianne Karth, a road safety advocate sent Mr. Kwan an email about the truck accident that killed her two children. That email compelled Kwan to take a proactive stance including discussing a research project he conducted for the FMCSA.

Kwan gave a written statement and talked with road safety experts about his FMCSA research project that he says the US Department of Transportation hid from the public. Kwan’s disclosures revealed that the US Department of Transportation (DOT) allegedly suppressed his research findings. These revelations motivated advocacy efforts and prompted inquiries into the DOT’s handling of Kwan’s safety study. Kwan asserted that the DOT failed to publish his comprehensive cost-benefit analysis, which he believes could have underscored the feasibility and potential benefits of side guards.

In 2017, Kwan “proposed that his agency fund research to evaluate the effects of combining side guards with aerodynamic skirts on tractor trailers and single-unit trucks.” Kwan said, “He regarded the cost-benefit analysis as the most important part of the project because ‘if side guards would both protect the safety of vulnerable road users while at the same time offer improved fuel efficiency and reduce fuel costs, the industry might adopt such side guards voluntarily.”

The Washington Post story notes that other nations do require truck side-guards – but not the US.

Kwan’s study confirmed that side guards would be cost-beneficial. He added that he and his staff spoke to the American Trucking Associations (ATA) about the study. Kwan said the ATA response was negative as was his discussions with a senior National Highway Traffic Safety Administration (NHTSA) official who urged Kwan not to disclose the report.

Upon retiring in 2019, Kwan anticipated the DOT would publish his research, funded with $200 000 in taxpayers’ money. Instead, he discovered that the crucial elements of his report, including the cost benefit analysis, were omitted.

In response to mounting pressure, requests were made to the DOT’s Office of Inspector General to investigate the suppression of Kwan’s research. The DOT asserted that it is complying with mandates under the 2021 Bipartisan Infrastructure Law, including establishing the Advisory Committee on Underride Protection.

The trucking industry continues to argue against the cost-effectiveness of side guards, citing a study by the NHTSA. Kwan countered that the study failed to consider potential fuel savings or the significant number of pedestrian and cyclist lives that could be spared with side guards.

Quon Kwan emphasized, “Suppressing this research was unacceptable and wrong. The cost of installing side guards pales in comparison to the potential savings in innocent lives.”

Mr. Kwan stated, “I really don’t care for publicity,” he said. “But I do care for public safety.”

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