An underride accident is a truck crash in which a smaller vehicle slides underneath it. When a car slides underneath a truck, the vehicle’s occupants may suffer extensive injuries. While federal regulations have specific safety protocols to help prevent these crash types, they can and still do occur.
Legal representation may be necessary when navigating an underride accident. An experienced legal team representing your best interests ensures you and your family receive the compensation needed to recover.
Thorough investigative skills, expert negotiation tactics, helpful resources, and extensive knowledge of the legal system prove valuable when an underride accident occurs.
What is an Underride Crash?
An underride crash is a collision in which a vehicle slides underneath a large truck. An underride crash involves a smaller sedan and a tractor-trailer. The height difference allows the smaller vehicle to slide underneath the larger truck. The injuries sustained from an underride accident are most often severe.
Types of Underride Crashes
Underride crashes most commonly occur at the rear or side of a truck. While both can result in serious injuries, there are some differences in the cause and outcome of each crash type.
Rear Underride Crashes
In a rear underride crash, a vehicle crashes into the back of a truck and slides underneath. While standard rear-end collisions with semi trucks can be dangerous, underride accidents where vehicles slide beneath the truck often result in more severe injuries. Rear guards can sometimes prevent this type of underride accident from occurring.
Side Underride Crashes
In a side underride crash, a vehicle swerves underneath the truck due to a blind spot or another vehicle unintentionally pushing them into the space. Many trucks today are equipped with side guards, which can help prevent this type of crash. However, side underride accidents can occur even with rear or side guards, especially with a longer semi-trailer with more open spaces.
Causes of Underride Crashes
Underride accidents can occur due to a variety of reasons. Here are some of the most common causes.
Truck Driver Negligence
Truck drivers are expected to monitor the vehicles around them closely. Making improper turns, lane changes, or inadequate braking can lead to a truck accident, some involving underride collisions.
Underride crashes may also occur due to driver negligence, including speeding, ignoring traffic laws, fatigued driving, driving under the influence of drugs or alcohol, or failing to maintain the truck properly.
Defective Truck Equipment
Defective or faulty truck equipment can lead to underride accidents. Faulty brakes or improperly working lights could increase the risk of a truck accident. Failing to take precautions when exiting roads or making an illegal U-turn could also lead to a dangerous driving situation.
Defective rear impact guards or side underride guards are more likely to cause an underride accident.
Failing to equip trucks with appropriate guards puts passenger vehicles at risk of underride accidents. The Department of Transportation requires larger trucks to have certain safety devices, including a rear safety bar or underride guard to protect smaller cars.
Large trucks that fail to meet these federal government rules may be subject to hefty fines or a civil lawsuit if they cause an accident.
Hazardous Road Conditions
Hazardous road conditions could also lead to an underride collision. Poor visibility during storms, inclement weather, slippery roads, or poorly maintained roads could cause a passenger vehicle to swerve and slide underneath the truck. When underride truck accidents happen, it’s also possible for more than one of these contributing factors to be present.
Determining Liability in Underride Crashes
Depending on the extent of injuries and damages, it may be necessary to determine liability in an underride accident. Here are a few parties who could be liable:
- Truck Driver: Negligent truck drivers may be liable if they fail to employ underride protections. Certain driving behaviors that could lead to truck driver liability include speeding and making improper lane changes.
- Trucking Company: A trucking company responsible for maintenance could also be liable when a truck underride collision occurs. Poor hiring or training practices could also lead to liability for the trucking company.
- Vehicle Manufacturer: The vehicle or parts manufacturer could be liable if defective systems lead to a crash.
- Other Vehicle: If a car hits a truck and slides underneath, another passenger vehicle may be responsible. For example, the other vehicle may unintentionally swerve into the victim’s lane, pushing them into the space underneath a nearby truck.
Comparative negligence could also deem multiple parties at fault in an underride crash. For example, other drivers could be at fault when swerving into someone’s lane. However, if the trucking company had properly maintained the tractor-trailer’s side guards, passenger cars may not have slid underneath.
Seeking Compensation for Damages
Underride accidents frequently lead to severe injuries. Truck accident victims may require multiple medical procedures, rehabilitation, and time off from work. Property damages are also likely in an underride accident. When an underride crash occurs, it may be worth taking the necessary steps to pursue compensation.
You may be eligible for compensation if a truck driver or other party was responsible for the underride truck accident. A truck accident lawsuit helps victims recover damages, such as medical bills, lost wages, and property repairs.
Accidents involving a semi-truck or other large vehicle can have devastating consequences, some of which may lead to a loss of life. While filing a wrongful death lawsuit won’t reverse the pain and suffering that occurs when underride accidents happen, it could provide you and your family with the resources you need to assist in recovery.
The Role of a Personal Injury Lawyer in Underride Crash Claims
A truck accident lawyer can help victims of car crashes navigate the legal complexities of their cases. Our experienced attorneys will conduct a thorough investigation on your behalf, helping to prove negligence and liability. Whether other drivers failed to travel at normal speeds or stronger rear guards were needed, our team will uncover what happened.
We’ll also handle all insurance negotiations, allowing you to focus on your recovery. Our law firm aims for fair truck accident settlements. If the insurance company is unwilling to offer fair compensation, our trial lawyers have the necessary experience to represent your legal interests in court.
Preventing Underride Crashes
An underride truck accident can be disastrous, often leading to severe injuries. Here are a few tips to help prevent truck underride accidents.
Improved Safety
One of the biggest problems with underride accidents is that existing safety features, including airbags, may not work properly. However, other safety features could help prevent underride accidents from occurring.
Automatic emergency braking and lane departure warning systems can help prevent accidents by detecting hazards and assisting drivers with braking and lane positioning. Many truck safety advocates also call for stronger, more effective guards and frequent inspections, as failing guards can lead to devastating crashes.
Increased Awareness and Education
Increased awareness and education can minimize the occurrence of underride accidents. Local and national initiatives have been working to improve truck drivers’ safety requirements, helping protect the public from dangers such as underride crashes.
The National Highway Traffic Safety Administration (NHTSA) reports over 5,900 deaths from large truck accidents in a single year alone [1].
The high occurrence of accidents involving large trucks has led to the Bipartisan Infrastructure Law (BIL), which includes a section requiring rear underride guards to help protect drivers. However, semi-trailers and tractor-trailers are not currently required to have side underride guards.
According to GAO findings, further research is needed, specifically on underride accidents, to implement additional safety protocols. The institute believes truck accidents due to side underride impacts are largely unreported [2]. This data limitation affects NHTSA’s ability to assess and address underride crash safety measures accurately.
Secure Expert Legal Assistance!
An underride accident is extremely dangerous, often leading to extensive injuries and financial and emotional costs. You may be entitled to compensation if you were involved in an underride crash and sustained damages.
Don’t struggle with a truck underride accident claim alone. Call (888) 424-5757 or fill out our contact form for a free consultation with an experienced Chicago truck accident attorney.