A commercial truck and passenger vehicle crash is always dangerous for the smaller vehicle occupants. After all, the big rig may outweigh the other vehicle by 70,000 pounds or more. Commercial truck accidents killed approximately 4,100 people in one recent year, and truck underride accidents caused some of those accidents.
If you or a loved one suffered an injury in a truck underride crash, you should speak to a truck accident attorney promptly. They can prove that trucker or employer negligence injured you, so you should receive compensation for your injuries.
What Is an Underride Truck Crash
Commercial trucks are much higher off the road than typical passenger cars. The rear bumper and side frames are much higher than the hood of many smaller vehicles. In an underride crash, the car slides partially or totally under the back or side of the trailer. This accident may cause a catastrophic head, neck, or other injury to vehicle occupants.
In most underride crashes, the windshield is the initial point of impact with the back or side of the truck. This means that most airbags and other safety features in the car offer scant protection in a crash.
Without sufficient crash protection, even a low-speed underride accident can kill car occupants. Just hitting the back of a trailer at 25 or 30 miles per hour can be enough to slam the windshield into the trailer bumper, causing fatal injuries.
Underride accidents are a serious issue in America. The Insurance Institute for Highway Safety states there are up to 600 deaths every year from truck underride crashes. Underride accidents also can kill motorcyclists, pedestrians, and cyclists.
Unfortunately, underride truck accidents lead to serious or fatal injuries in about 80 percent of cases. More than 400 people died in underride crashes in the U.S. in one recent year.
If you’re in such a crash, you’ll probably need immediate medical attention, and you can have extensive injuries and other damages. The U.S. government found in one recent year that serious head and neck injuries are far more likely to occur in underride accidents than in other accidents.
The Three Types of Truck Underride Accidents
- Rear underride accidents: These accidents happen when a smaller vehicle hits the back of a trailer and slides underneath it. They can happen for many reasons, often because the truck stops suddenly and its brake lights aren’t working. A rear underride crash can also happen in bad weather when the road is slick with ice, water, or snow.
- Side underride accidents: occur when a car slams into the side of the trailer and slides under it. These crashes often happen at night if a truck makes a U-turn and the other vehicle driver cannot see the trailer across the road because of reduced visibility. A side underride crash may happen because a big rig merges onto a highway lane, but a smaller vehicle doesn’t see the trailer.
- Front underside accidents: are less common but happen when a truck runs over a smaller car or truck. These accidents may occur if the truck driver loses control, falls asleep, drifts into oncoming traffic, and hits a smaller vehicle.
A truck accident attorney can review the circumstances to determine how the underride accident happened.
Critical evidence to determine truck crash liability may include:
- Truck black box: Every commercial truck has a data recorder that tapes all driver actions until the point of impact. This information can be studied to determine whether the driver was speeding, falling asleep, or driving recklessly before the crash.
- Surveillance footage: Traffic cameras, businesses, and dash cameras may be available to prove how the accident happened and who was at fault.
- Eyewitnesses: The police and your attorney will interview accident witnesses to get their version of the incident.
- Physical crash evidence: Tiremarks, vehicle damage, damage to the surroundings, etc., can prove how the accident unfolded and who caused it.
- Accident reconstruction expert opinion: A crash expert can recreate the accident to prove how it happened.
Why Do Truck Underride Crashes Happen?
Truck underride crashes happen for many reasons, but usually, the truck driver or employer bears liability for them:
- Poor visibility: Federal law requires lights or reflective markings on trucks. Without them, the dark or fog can cause a driver to slam into the side or back of a rig.
- Sudden stops or turns: If a truck stops for no reason or makes a turn across traffic without signaling or having the right of way, it can cause a deadly underride accident.
- Blind spots: Big trucks have large blind spots, and truckers may not see smaller vehicles.
- Lack of or poor underride guards: Many trucks in the U.S. come with rear underride guards, but they cannot always withstand a high-speed crash. Many trucks still have side guards to prevent underride accidents.
The truck driver can be at fault in many underride accidents. For example, if the truck driver stops in heavy traffic and the brake and trailer marking lights are out, it can be hard to see the trailer in the dark. Or, if a truck driver improperly parks on the side of the interstate, a passing driver may hit the back of the trailer.
Your truck accident lawyer will review all accident evidence to prove if the driver or company was at fault for your injuries. Perhaps the truck wasn’t properly inspected and maintained to ensure all lights worked when the accident happened. Or, the trucker may have made an illegal turn and caused a side underride accident, resulting in devastating injuries.
Commercial Trucks May Have Rear, Side, And Front Guards
The U.S. has required rear guards on large trucks since 1998. However, the law doesn’t apply to single-unit trucks, where the cab and cargo portion are on the same chassis. This includes garbage trucks, dump trucks, box trucks, and trucks with rear wheels set close to the back of the rig. Single-unit trucks do not offer underride protection to other motorists.
Trucks with rear underride guards have often been found to prevent serious crashes. The National Highway Traffic Safety Administration (NHTSA) and Insurance Institute For Highway Safety (IIHS) have encouraged the U.S. government to upgrade the law so that rear underride guards can withstand higher-speed crashes. Some newer U.S. trailers have upgraded rear underguards, but not all.
However, no rules today require big rigs to have side or front guards. Although it’s more common to see these guards on some US trucks, they are not required yet.
Some trucks in the US have installed aerodynamic side skirts to reduce drag and boost fuel efficiency, but these are of limited value in a side underride accident. Many European countries require more rigorous side underride guards that prevent a car from careening under the truck in a side-impact crash.
Who Can You Hold Responsible for an Underride Truck Accident?
You can hold a person or entity that caused the crash liable for your damages. The truck driver can be responsible for negligent driving that caused the accident, such as if they turned without warning across a lane of traffic, causing your car to slide under the trailer.
You may hold a trucking company vicariously liable for their driver’s negligence if they are an employee. You may hold the trucking company responsible for your damages even if the liable driver worked as an independent truck driver.
You may hold the trucking company responsible if a blown tire or worn braking system contributed to the crash. Burned-out headlights or taillights may also make the rig unfit for the road and the company can be sued for damages. Last, improper hiring practices and training can lead to company liability in the accident.
What Compensation Can Be Recovered In A Truck Underride Accident Claim?
Someone seriously injured in a side, rear, or front underride truck crash wants to know what compensation they can receive. It’s a critical question, but there isn’t an easy answer. Every truck accident case differs, and the settlement or jury award amounts can vary wildly based on many factors.
Truck accident claims generally result in larger settlements than other auto accidents because of the huge size disparity between the vehicles. A collision between a 3,000-pound car and an 80,000-pound truck can cause devastating injuries.
If your attorney proves another party caused your truck crash, you can receive compensation for:
- Medical expenses: You may recover all past and future medical expenses, including surgeries, ambulance fees, surgeries, medications, rehabilitation, mental therapy, and medical devices.
- Lost earnings: A serious truck accident may render you temporarily or permanently unable to work. You can receive lost income for your past lost work and future lost earning capacity for a long-term injury. People with higher incomes, education, and a lower age may receive more compensation for lost income damages.
- Pain and suffering: Serious injuries may result from underride crashes, such as broken bones, head trauma, and neck injuries. You can receive ample compensation for the pain of injuries and treatments.
- Mental suffering: Having a severe, painful injury and potential physical limitations can be mentally devastating.
- Property damage: You can receive money to replace or repair your vehicle.
Your truck accident attorney will attempt to prove fault and your damages. This process may involve waiting until you have reached maximum medical improvement or MMI. Then, they will negotiate the best settlement for your underlying accident losses.
How much you may receive in a settlement also hinges on these factors:
- What is your injury severity? Imagine that you rear-end a drunk truck driver who stopped in the middle of the highway for no reason. You slam into the back of the trailer and severely damage your spine. It can paralyze you, so your injuries will have a high case value. If you managed to slow down, perhaps you simply broke your nose and cut your face. You will probably recover less.
- What are your medical bills? A severe paralysis injury can have millions in medical treatments for years, where a broken bone might heal after three or six months, with no further treatments needed.
- Amount of insurance: A commercial trucking company may carry $1 million or more in liability coverage. This can be enough to pay for severe injuries. Regular car drivers often have much smaller liability policies.
- Insurance company: The insurance company also influences what you receive. Some insurers will fight bigger and attempt to limit damages, while others may be more willing to settle the case faster.
- How much pain and suffering? If you shattered many bones in your upper body in the side-impact crash on the truck, you could sustain excruciating injuries. Shattered bones may have to have many surgeries and be fused with steel rods to facilitate healing. These treatments are very painful, and your discomfort is worth a lot.
Your truck accident attorney knows truck crash injuries and how to negotiate with insurance companies. They will work with your doctors to understand the full scope of injuries and your prognosis. Then, they will demand a fair amount to settle the matter without going to court. In your free case evaluation, ask the truck accident lawyer what they think your case can be worth.
Contact A Truck Accident Attorney Now
Were you severely injured in a truck underride accident? Was your vehicle totaled? You can recover compensation for your medical bills, pain and suffering, lost income, and property damage.
A truck underride accident is often the truck driver’s fault, so you should retain an experienced tractor-trailer accident attorney to learn if you have a case. You pay your truck accident lawyers through a contingency agreement, which means they only receive a percentage of your settlement or jury award. Don't wait, speak to a truck accident lawyer today.