In a divorce, the laws of equitable distribution distinguish marital property from separate property. Technically, only marital property, that is, proper...
Some of the deadliest crashes on roads throughout America are underride accidents. Underride occurs when a smaller vehicle, like a car, SUV, van, or motorcycle, slides underneath the trailer of a semi-truck, often causing severe and fatal injuries when parts of the trailer enter the cab of the smaller vehicle.
Underride accidents are preventable, and if you’ve been injured in one, you have legal recourse. Here’s what you need to know about your legal rights.
Every underride crash involves a smaller vehicle striking the trailer of a tractor-trailer. Such a trailer is much higher off the ground than a passenger car, and the top of the car might only reach the wheels, not the bottom of the trailer itself. This creates an empty space for the car to slide underneath the trailer.
There are three main ways for underride to occur:
U.S. Department of Transportation regulations require certain underride prevention measures for most commercial trucks (although some vehicles, such as agricultural vehicles – a category that includes log trucks – are exempt). Commercial trailers are required to have rear guards and use reflective tape on the back and sides to increase visibility.
An immediate legal challenge in many underride accident cases is that the smaller vehicle hits the truck from the rear. In a rear-end accident, there is a presumption that the driver of the rear vehicle is at fault, and that presumption doesn’t change just because the vehicle in front is a commercial truck.
However, there are several types of negligence on the part of the truck driver that can cause an underride crash. For instance, a trucker who fails to pay attention and then slams on the brakes at the last minute may cause a smaller vehicle to hit the trailer from behind, and a driver who fails to check blind spots before merging or changing lanes may leave the driver of a smaller vehicle with no way to avoid a collision. Many underride accidents happen when a truck is parked on the shoulder, and a trucker who fails to appropriately use road flares or reflective triangles or illegally parks the truck protruding into the roadway can be held liable for a collision.
Occasionally, the driver of another vehicle might be held liable for an underride crash. For instance, if a truck has to slam on the brakes or swerve to avoid a collision, that may start a chain reaction that leads to a rear- or side-impact collision.
More important, though, is the role of trucking companies and truck manufacturers in underride crashes. A trucking company may install an underride guard that is not the right size for the trailer or doesn’t meet the strength or impact requirements, or simply install it higher than intended, making it useless. Poorly manufactured guards and trailers can also contribute to underride. In addition, defective or poorly maintained taillights, running lights, and reflective tape can lower the truck’s visibility and cause an underride collision.
The long-term cost of an underride crash can be tremendous. Again, these crashes are often fatal – hundreds of people die every year in underride accidents. Survivors may have permanent injuries such as traumatic brain injuries and lost limbs. Such a severe injury can have a ripple effect on the victim’s entire life, limiting their ability to work, care for their family, and do the things they love. When you take into account the full long-term cost of a severe injury, an underride accident can easily cost hundreds of thousands or even millions of dollars.
However, recovering this compensation requires thorough investigation, evidence, and an in-depth knowledge of both state law and the federal laws and regulations that apply to the trucking industry. You need an attorney, and you specifically need an attorney with experience handling high-stakes truck accident cases. If you’ve been injured or lost a loved one in an underride accident, talk to an experienced truck accident lawyer in your area about your legal options as soon as possible.
In a divorce, the laws of equitable distribution distinguish marital property from separate property. Technically, only marital property, that is, proper...
If you need a lawyer but can’t afford to pay one, two terms you might hear are “pro bono” and “contingency fee.” While these are both ways to get legal r...
When a couple separates or divorces, both their property and their debt must be divided. The way debt division plays out in divorce – and the way it inte...
When you’re up against an insurance company, you need experience on your side. The personal injury lawyers at Warner Law Offices have over 50 years of combined experience protecti...
At the Law Offices of Brent C. Miller, P.A., we are proud to represent Central Florida residents, tourists and snowbirds who have been injured in a serious accident.
At the McDaniel Law Firm, PLC, we’ve earned a reputation for being experienced personal injury lawyers in Jonesboro who fight tirelessly on behalf of injury victims throughout the...