Truck underride accidents are some of the most devastating types of collisions on the road. These incidents occur when a passenger vehicle slides under the rear or side of a truck, often resulting in severe injuries or fatalities. The massive size and weight of commercial trucks can make these collisions particularly catastrophic.

If you or a loved one have experienced an underride truck accident, do not wait to seek legal help. A skilled truck accident attorney in Augusta can evaluate your case and provide guidance on how best to seek justice and compensation for your losses.

What is an Underride Accident?

A truck underride accident typically occurs when a smaller vehicle collides with a large truck, leading the smaller vehicle to slide beneath the truck’s trailer. Essentially, the vehicle becomes trapped under the truck. This can happen during various scenarios, such as:

  • Rear-end collisions: When a passenger vehicle fails to stop in time and collides with the rear of a truck.
  • Side collisions: When a vehicle crashes into the side of a truck, often at intersections or during lane changes.

In a recent year, 5,788 individuals were killed in large truck crashes, with many of these crashes involving vehicles becoming stuck under commercial trucks. Underride accidents often involve catastrophic injuries such as traumatic brain injuries, spinal cord injuries, and amputations due to the force of the collision.

Because underride collisions can have such a physical, emotional, and financial toll, it’s essential to seek justice and compensation. Fair financial recovery helps alleviate some of the burden while ensuring you can support yourself and afford necessary medical treatment.

Causes of Underride Truck Accidents

Understanding the causes of underride truck accidents is important for legal recourse. Several factors can contribute to these tragic collisions:

Inadequate Safety Measures

Many commercial trucks lack proper underride guards. These guards are designed to prevent vehicles from sliding underneath a truck in the event of a collision. The Federal Motor Carrier Safety Administration (FMCSA) has regulations in place regarding these guards, but compliance is often inconsistent.

Driver Error

Driver error

Driver error is a substantial contributor to truck accidents, including underrides. Factors include:

  • Distracted driving: Truck drivers may be distracted by mobile devices, onboard technology, eating, and other distractions.
  • Fatigue: Long hours on the road can lead to driver fatigue, impairing judgment, slowing reaction times, and increasing chances of falling asleep behind the wheel.
  • Speeding: Excessive speed reduces the driver’s ability to stop in time and increases the severity of collisions.

Additionally, drivers who are poorly trained or inexperienced do not have the skills required to safely operate large commercial vehicles, which can contribute to different types of truck accidents, including underride collisions.

Poor Visibility

Trucks have large blind spots that can hinder a driver’s awareness of surrounding vehicles. This is especially problematic in adverse weather conditions like rain, fog, or snow. Trucking companies must equip trucks with proper mirrors to help drivers see, and, in inclement weather, drivers should adapt their driving.

Vehicle Maintenance Issues

Federal regulation mandates regular inspections, maintenance, and repair of commercial vehicles. Neglected maintenance can lead to mechanical failures, such as brake failure, often resulting in collisions.

Road Conditions

Poorly maintained roads can also contribute to underride accidents. Potholes, debris, and inadequate lighting and signage can all play a role in the occurrence of these incidents, as they can make driving much more difficult for drivers.

Consequences of Underride Collisions

The consequences of underride truck accidents can be severe and long-lasting. Victims often face a myriad of challenges, including:

Severe Injuries

Victims of underride accidents frequently suffer from life-altering injuries, such as:

  • Traumatic brain injuries (TBIs): Often resulting from a violent impact, TBIs can lead to permanent cognitive impairments.
  • Spinal cord injuries: These injuries can lead to many issues, including paralysis, and require lifelong medical care.
  • Fractures and internal injuries: The force of the collision can cause multiple fractures and extensive internal injuries.

Often, the injuries victims suffer in underride accidents end in permanent changes. In the most serious situations, the physical harm is just too great, and victims eventually succumb to their injuries.

Emotional and Psychological Impact

The aftermath of an accident can lead to emotional and psychological trauma for victims and their families. This can manifest as:

  • Post-traumatic stress disorder (PTSD): Survivors may experience flashbacks, anxiety, and depression as a result of the incident and their injuries.
  • Loss of quality of life: Severe injuries can limit a victim’s ability to work, participate in recreational activities, or engage in family time.

Psychological changes can affect a person mentally and emotionally, but also financially, especially when these impacts require additional medical care.

Financial Burden

The financial impact of a truck underride accident can be overwhelming. Medical bills, rehabilitation costs, and lost income can accumulate rapidly. In addition, families may face long-term expenses related to ongoing care and therapy. This is one of the most important reasons to take action and seek compensation following a truck accident.

Legal Considerations in Underride Truck Accidents

Navigating the legal landscape following an underride collision can be complex. Several parties may share liability, and understanding your rights is essential.

Determining the Type of Claim

Victims can pursue different types of claims, depending on the circumstances, including:

Liability Insurance

  • Personal injury claims: Victims of underride truck accidents can file a personal injury claim for medical expenses, lost income, and pain and suffering, among other losses.
  • Wrongful death claims: If a loved one dies as a result of an underride collision, surviving family members may seek compensation for their loss.
  • Product liability claims: If defective equipment contributed to the underride accident, a product liability claim may be appropriate.

A personal injury attorney with experience handling truck accidents can assess your situation to determine the type of claim you can pursue.

Establishing Liability

To pursue a legal claim, you must establish liability. Potentially liable parties can include:

  • Truck drivers: If driver error contributed to the accident, they may be held accountable.
  • Trucking companies: Employers can be held responsible for their employees’ actions under the doctrine of vicarious liability. Trucking companies may also be liable if they fail to follow regulations, including those for truck maintenance.
  • Manufacturers: If defective equipment contributed to the collision, product manufacturers may be liable.
  • Maintenance providers: Companies responsible for maintaining trucks can share responsibility if negligence is proven.

Liability is one of the key components of a truck accident case. By conducting a thorough investigation, your attorney can determine what caused your accident and who is at fault.

Gathering Evidence

Successful legal claims often hinge on the collection of evidence. Important evidence may include:

  • Police reports: Official documentation detailing the accident, including statements from involved parties and witnesses and opinions regarding liability.
  • Witness statements: Accounts from bystanders or other drivers who observed the accident can provide important context.
  • Photographic evidence: Photos of the accident scene, vehicle damage, and injuries.
  • Medical records: Documentation of accident-related injuries and the treatment recommended for recovery.
  • Black box data: Trucking companies often equip their vehicles with event data recorders (EDRs) that capture information about speeding, braking, and driver behavior before the accident.
  • Maintenance records: Documentation showing the maintenance history of the truck, which can reveal if mechanical failure contributed to the collision.
  • Driver logs: Records of the truck driver’s hours of service, which can help determine if they were compliant with regulations regarding driving time and rest periods.
  • Traffic camera footage: Video evidence from nearby traffic cameras that may have captured the accident or the moments leading up to it.

You may have evidence and documentation you can provide to your truck accident lawyer for use in your case. Additionally, your attorney has the resources to acquire additional evidence to strengthen your case and substantiate your claims.

Statute of Limitations

claim in court

Each state has a statute of limitations that dictates how long you have to file your claim in court. This time frame varies greatly but can allow you one to six years to file your lawsuit.

It’s essential to consult with a qualified attorney to ensure you understand your state’s statute, find out whether any exceptions apply to your case, and avoid missing any important deadlines. Missing the window to file your claim can result in losing your right to pursue financial recovery altogether, so it’s important to begin working on your case right away.

Compensation Available for Underride Accident Cases

After an underride truck accident, you may be eligible for compensation based on the circumstances. Damages you may pursue compensation for in your case include:

  • Present and future medical expenses: Coverage for hospital bills, surgeries, rehabilitation, and ongoing medical care.
  • Lost earnings: Compensation for income lost due to the accident, including future earning potential if injuries lead to long-term disability.
  • Property damage: Reimbursement for damage to your vehicle and any personal property lost in the accident.
  • Pain and suffering: Damages for physical pain and emotional suffering caused by the underride accident.
  • Loss of enjoyment of life: Compensation for the impact of injuries on your ability to enjoy daily activities and hobbies.

In situation where the victim passes away, the family may be entitled to certain types of damages, such as:

  • Funeral and burial costs: Costs associated with the funeral, burial, cremation, and other related services.
  • Medical expenses: Any medical bills incurred before the deceased passed away, including hospital and treatment costs.
  • Lost earnings and benefits: Compensation for the income the deceased would have earned, including lost future earnings and benefits.
  • Loss of companionship: Damages for the emotional suffering and loss of companionship experienced by surviving family members.
  • Loss of parental guidance: For minor children, compensation for the loss of a parent’s guidance and support may be awarded.

Punitive damages may also be available in some cases. These damages may be granted to punish the at-fault party when their actions were malicious, intentional, or grossly negligent.

A truck accident lawyer can review the specifics of your case to determine the value of your claim. Calculating damages and understanding how much your claim is worth is critical, as it can help ensure you get adequate compensation for your injuries and losses.

The Benefits of Working with an Experienced Truck Accident Attorney

Working with a skilled truck accident lawyer can provide numerous benefits, especially given the complexities involved in these cases. Some of the key advantages of having legal representation include:

  • Knowledge of trucking laws: Truck accident attorneys are familiar with specific regulations governing the trucking industry, including safety standards and compliance requirements.
  • Thorough investigation: Your lawyer can conduct comprehensive investigations, gathering important evidence like accident reports and black box data from the truck.
  • Understanding of liability: A seasoned attorney can identify all liable parties, ensuring you pursue all avenues for compensation.
  • Negotiation skills: Lawyers are skilled negotiators who can advocate on your behalf with insurance companies, aiming to secure a fair settlement rather than accepting low offers.
  • Litigation experience: If a fair settlement isn’t reached, an attorney can effectively represent you in court, leveraging their knowledge of legal procedures and courtroom tactics.
  • Access to resources: Lawyers often have access to experts, such as accident reconstructionists and medical professionals, to strengthen your case.
  • Reduced stress: Handling the aftermath of an accident can be overwhelming. An attorney can manage the legal process, allowing you to focus on recovery and personal matters.

With access to legal representation, there is no reason to handle your case on your own. Having a truck accident attorney on your side can put you in a much better position to get the case result you deserve.

Following an Underride Accident, Seek Legal Assistance Right Away

Car Accident Lawyer, Jacque Hawk
Jacque Hawk, Truck Accident Attorney in Augusta

Truck underride accidents are tragic events that can have devastating consequences for victims and their families. Understanding the causes, consequences, and legal remedies can empower those affected to seek justice and recovery.

If you or a loved one has suffered an injury in an underride truck accident, it is important to consult with a knowledgeable personal injury attorney in Augusta who can guide you through the legal process and secure the compensation you deserve.

An underride accident can cause serious injuries, both physically and financially, and having an experienced attorney by your side can make all the difference. Don’t delay, call a truck accident attorney today.