Underride Truck Accident Lawyer
Underride accidents are some of the most devastating truck accidents. Since large commercial trucks have much more clearance underneath than most regular vehicles, cars can easily slide underneath a truck’s trailer in a crash.
Truck underride accidents happen far less than other types of collisions. However, they can be highly disastrous and, in some cases, even fatal. In an underride accident, a driver has a high chance of being crushed underneath their windshield as the car slides under the truck’s trailer. In severe cases, the impact can be strong enough to shear off a car’s roof and instantly kill its occupants.
Did you or a loved one suffer injuries from a truck underride accident? If so, you have the legal right to pursue damages against the truck driver, their employer, and other responsible parties.
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Let the underride truck accident lawyers at Injury Lawyers Team, sponsored by Rosenfeld Law Offices, seek justice for your family. Contact our personal injury lawyers today for a free consultation about your case.
All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
What is a Truck Underride Accident?
Trucks have a larger clearance underneath than the average car. “Underride” refers to an accident wherein a passenger vehicle collides with a truck and slides underneath.
How Often Do Underride Accidents Occur?
From 2008 to 2017, the US Government Accountability Office (GAO) reported an average of 219 fatalities in underride crashes yearly. However, the GAO states that these numbers are likely underreported due to variability in data collection.
Types of Underride Accidents
There are three main types of truck underride accidents:
- Side Underride Collisions: Involve a passenger vehicle colliding with the side of a truck’s trailer. They usually occur when a truck driver is attempting to cross, turn, U-turn, or reverse across traffic. When an oncoming car does not see the truck in time, it may fail to stop, resulting in a collision with the side of a truck’s tractor-trailer.
- Rear Underride Collisions: These accidents occur when a vehicle slides underneath the rear of a tractor-trailer. Factors contributing to rear underride accidents include a poorly marked truck or trailer, dim taillights, and truck drivers travelling too slowly on highways.
- Front Underride Collisions: Commercial trucks need more time to slow down and come to a complete stop than passenger vehicles. If a car decelerates or stops abruptly on the highway, a truck behind it may fail to stop in time and collide with its rear. Other causes of front underride collisions include speeding of either driver, swerving onto the opposite lane to avoid an obstacle, and brake failure.
Causes of Underride Truck Accidents
An underride accident occurs when a smaller vehicle collides with a large truck and slides underneath the cab or tractor trailer. Multiple factors can lead to this type of accident, such as:
- Distracted Driving: A driver has less awareness of their surroundings, be it due to texting, talking on the phone, or eating while driving. Whether it’s a truck driver or a passenger car driver, distracted driving can easily cause a collision.
- Intoxicated Driving: Truck drivers that drink or do drugs on the job have lower concentration, coordination, and reaction time, increasing the risk of an accident. Drugs and alcohol also impair a driver’s judgment, possibly leading to irresponsible driving behaviors. Similarly, an intoxicated driver in a passenger vehicle may fail to see an oncoming truck and crash into it.
- Drowsy Driving: Some truck drivers are prone to falling asleep at the wheel due to busy schedules, increasing the risk of colliding with other vehicles.
- Aggressive Driving: Speeding, swerving, tailgating, and other aggressive driving behaviors from a truck driver or car driver can contribute to an underride truck accident.
- Poor Truck Maintenance: When a truck is not maintained correctly, it may stop functioning while traveling down the highway, putting its driver and other motorists in danger. Brake failure is hazardous as it makes it extremely difficult for a truck driver to avoid colliding with other vehicles.
- Lack of Safety Equipment: The Department of Transportation (DOT) requires tractor trailers to have rear underride guards to prevent underride collisions. However, inspection is not mandatory, and research for side underride guards is insufficient.
- Poor Road Conditions: Potholes, uneven pavement, poor visibility, and other conditions increase the risk of a truck or car driver losing control of their vehicle and crashing into another.
Common Underride Accident Injuries
Truck underrides occur less frequently than head-on collisions, rollovers, and other types of truck accidents. However, they usually involve devastating and even fatal injuries, such as:
- Head Injuries: Traumatic brain injuries (TBIs) and other forms of head trauma (e.g., concussions, brain hemorrhages, penetrating brain injuries, etc.) are common in underride accidents, especially in front and side underride crashes.
- Spinal Cord Injuries: Damage to the spinal cord can lead to severe complications, such as paralysis, chronic pain, and circulatory issues.
- Fractures: An underride truck crash may involve enough impact to break bones, particularly in the legs, arms, hips, and face.
- Crushing Injuries: Underride truck accidents usually involve occupants of a passenger car being crushed beneath the windshield or roof, damaging the trapped body parts. These devastating injuries may increase the risk of organ failure, excessive bleeding, and death.
- Amputations: An underride crash can lead to instant dismemberment or severe injuries that require amputation.
- Cuts, Burns, Bruises: These injuries are usually non-fatal but can increase the risk of deadly complications when severe.
Who is Liable?
Possible defendants in your underride truck accident case may include:
- The negligent truck driver
- The trucking company
- The manufacturer of faulty truck parts
- Another car driver that contributed to your accident
During your free case review, an attorney from our law firm will help you determine who should be held liable for your accident.
Filing an Underride Truck Accident Claim
Did you suffer injuries or lose a loved one in an underride truck crash? If so, you could hold the truck driver or trucking company responsible for your damages by filing a personal injury claim.
First, you must prove that the accident occurred due to the defendant’s negligence. Your truck accident lawyer can help you establish that:
- The defendant owed you a duty of care
- The defendant breached their duty of care
- This breach resulted in your accident
- The accident directly led to your injuries and damages
Evidence
You need substantial evidence for your claim to be successful. Our experienced attorneys will help you gather relevant forms of proof, such as:
- Photos of your injuries
- Medical records
- Surveillance or dash cam footage
- Pictures of the accident scene
- Witness accounts
- Expert reconstruction of the accident
Damages
With the help of an experienced truck accident attorney, you could recover financial compensation for the following losses:
- Medical Expenses: Compensation for treatment costs, including hospitalization, medication, surgery, treatment, and anticipated future medical bills.
- Disability: Compensation for disability-related damages if your accident leads to permanent disability. These damages may include loss of future earning capacity, mobility aid expenses, and rehabilitation costs.
- Pain and Suffering: Compensation for physical and non-physical injuries, including physical pain, emotional distress, mental trauma, etc.
- Lost Wages: Compensation for wages, income, and benefits lost while recovering from your injuries or caring for an injured loved one.
- Loss of Quality of Life: Compensation for quality of life lost following the accident.
- Property Damage: Compensation for personal property lost or damaged in the accident.
- Wrongful Death: Compensation for death-related damages if your loved one dies in the accident, including funeral and burial costs, pre-death medical expenses, and grief.
Settlement
Trucking companies extend their liability coverage to drivers in case of an accident. When you file a personal injury claim against a trucking company, its insurance company may offer you a settlement. Unfortunately, insurers rarely make fair initial offers to claimants.
Do not accept the settlement offer without consulting an attorney first. Once you do, you can no longer file for additional damages. Have your lawyer negotiate with the defendant’s insurance firm to ensure you receive the maximum amount you deserve
Other Legal Options
Unfortunately, not all underride truck accident cases settle out of court. Your lawyer could help you file a personal injury lawsuit if:
- Negotiations with the insurer are unsuccessful
- The defendant refuses to take responsibility for the accident
When you file your case in civil court, a judge or jury will hear evidence from both parties and determine a verdict. Your underride truck accident lawyer will serve as your legal representation during litigation.
To avoid litigation, your attorney could also help you pursue damages through alternative dispute resolution methods, such as mediation or arbitration. These procedures occur out of court and are often less expensive, formal, and time-consuming.
The Role of Your Lawyer
Legal counsel is necessary for obtaining financial compensation in negligence-related accidents. Your lawyer will help you:
- Investigate how and why the accident happened
- Estimate the potential value of your settlement
- Gather substantial evidence to support your claim
- Consult with medical experts and other lawyers
- File a claim against at-fault parties
- Negotiate with insurers to ensure maximum compensation for your claim
- File a lawsuit or pursue other means of dispute resolution, if necessary
How to Prevent Underride Accidents
The Insurance Institute for Highway Safety (IIHS) develops improved underride guard regulations for the trucking industry to reduce the number of truck accidents occurring on US highways. Its efforts include the TOUGHGUARD award system to encourage fleets and manufacturers to improve underride guards.
However, an underride guard may not be enough to prevent a fatal underride collision. Drivers also need to do their part by:
- Decelerating when behind a slow-moving truck
- Slowing down when you see a turning semi-truck in their path to avoid side underride accidents
- Avoiding blind spots, especially when driving near semi-trucks
- Increase your following distance when driving behind trucks
- Avoiding driving near trucks as much as possible
- Exercising extreme caution when driving in inclement weather, on poorly maintained roads, and during nighttime
- Following traffic laws
Schedule a Free Consultation with an Underride Truck Accident Lawyer Today
Did you suffer catastrophic injuries or lose a loved one in a truck underride crash? If so, you may be entitled to financial compensation from responsible parties.
The personal injury attorneys at Injury Lawyers Team can help you fight for the justice your family deserves. Contact us today for a free case review. An experienced underride truck accident lawyer will determine your case’s best course of action and file a claim on your behalf.
All confidential or sensitive information you share with our legal team will remain private under an attorney-client relationship.
Our lawyers handle all accepted cases on a contingency fee basis, meaning you don’t have to pay for our legal services unless we win your case.