Underride accidents are terrifying. These are common accidents with tractor-trailers because of the mismatch between the height of the trailer and the front bumper on a sedan or SUV. Because the trailer is so much higher off the ground, a smaller vehicle can slip underneath. Unfortunately, the car doesn’t go all the way in—instead, the windshield hits the edge of the trailer, which often smashes the hood, exposing occupants to potentially fatal injuries.
Call Stewart Miller Simmons Trial Attorneys if you or a family member was hurt in an underride accident. Our truck accident lawyers can analyze the facts and law to determine whether you can sue a trucking company.
Safety Features to Prevent Underride Accidents
The government is aware of the dangers posed by underride accidents, so it has mandated that trailers manufactured after 1998 have a “rear impact guard.” This guard should strike a car’s bumper, preventing it from sliding underneath the trailer. Although motorists will still be hurt, they at least won’t suffer the horrifying head and neck injuries associated with underrides.
However, many underride accidents happen at the side of the trailer, where no guard is mandated. Some safety-conscious trucking companies have installed side guards to reduce the risk of accidents—but trucking companies are not legally obligated to include side guards. Even worse, the trucking industry aggressively resists any efforts to require side guards. They usually cite unnecessary expenses, but public safety suffers.
Some trucking companies don’t even ensure the guard on the back of the truck is safe. Older trucks might have a weakened or defective guard which crumples at the moment of impact. Other guards might fall off the truck. A careful trucking company should regularly inspect vehicles and replace damaged parts, including rear impact guards.
Who Caused the Underride?
Our lawyers want to understand how the crash unfolded. Typically, an underride is caused by:
- A motorist tailgates a tractor-trailer. Because the motorist is following too closely, there isn’t enough room to stop when the trucker slows down. Tailgating can lead to a rear underride accident.
- A trucker illegally backs across traffic. The trucker might try to back into an alley, in which case he pulls the truck across traffic. This dangerous act can lead to a side underride accident when a motorist is caught by surprise.
- A trucker makes a left-hand turn across traffic. A car can slip underneath at the side in these situations, especially if the trucker runs a red light to make the turn.
- A trucker backs into traffic without checking if the road is clear. In this accident, the trucker essentially backs over a car on the road.
- A trucker makes an illegal lane change or fails to check its blind spot and crashes into a smaller car already in the lane.
- A tractor follows the car in front too closely. In this accident, the trucker can smash into the rear of a car in front. This often leads to an override accident.
Sometimes, both the trucker and a driver are to blame. For example, a tailgating driver could smash into the back of a truck. But the guard is also defective, so it fails to prevent the smaller car from wedging underneath.
Holding Trucking Companies Accountable for Underride Accidents
Underride accidents can lead to catastrophic injuries, including severe traumatic brain injuries, facial fractures, and neck injuries. Many victims will die in these accidents from severe head wounds.
It is critical to hold a trucking company accountable when it causes an accident like this. We can bring a legal claim against the company for:
- Defective trucks, including missing or defective rear impact guards which fail to prevent an underride.
- Negligent truckers, for failing to use reasonable precautions while driving a rig.
- Reckless truckers for engaging in high-risk activity, such as driving while impaired or backing across traffic.
We can seek financial compensation for a victim’s medical bills and other financial losses, including a loss of income. Underride accidents usually destroy a car, which must be replaced.
Underride accidents also leave our clients with severe physical and emotional pain. Many will carry scars with them for the rest of their lives. You should receive compensation for bodily and mental pain and suffering.
Did a Loved One Die in an Underride Crash?
Underrides can lead to fatalities, especially when there is no guard to even partially stop a car. Our firm can meet to discuss whether you have a wrongful death claim based on an underride accident. If so, we can seek various damages, including lost financial support, from the trucker or the trucking company. Contact us to schedule a private consultation with a compassionate attorney to discuss the death.
Did You Contribute to Your Underride Accident?
As mentioned, some accidents are caused by tailgating drivers. Were you following too closely when the trucker hit the brakes? If so, then some of the fault belongs to you for the crash.
Georgia has an unforgiving comparative fault law (OCGA § 51-12-33). If you are 50% to blame for an accident, then you cannot receive compensation from the defendant. That means each side can be equally to blame, and you will not receive anything.
Let our legal team go over the evidence with a fine-tooth comb. We can gather as much proof to put all the blame on the trucker. A trucking company is liable for their employees, so we can seek full compensation from a trucking company with deep pockets.
Schedule Your Free Consultation
Any collision with a big rig or semi is potentially life-altering. Stewart Miller Simmons Trial Attorneys has seen how these accidents change lives. Contact our law firm today to discuss your accident, your injuries, and whether you can seek accountability from the trucking company.
Underride accidents leave many people in the hospital, so we can come meet you, if necessary. Our goal is to ensure you receive meaningful compensation for what are usually expensive injuries. Call (404) 529-3476 to speak with a member of our team.