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After an underride truck accident, call a Law.com Premier Attorney right away

Know your rights. Get help filing a claim. Learn about settlement payouts and lawsuit process from a local underride truck accident attorney.

Underride truck accidents are among the most serious and deadly types of traffic accidents. An underride accident occurs when a smaller vehicle becomes trapped beneath a larger truck. There are three types of underride truck accidents – front, side, and rear. With few exceptions, large trucks are required by U.S. law to have properly installed and maintained rear underride safety guards. There is no requirement to install underride guards on the front or sides of large trucks. Rear underride guards are designed to stop smaller vehicles from sliding further under trucks in accidents. The smaller vehicle stops before the rear of the truck makes contact with its cab and occupants. 

However, even with this safety measure, underride truck accidents still happen due to poor vehicle maintenance and negligence. If you were injured or a loved one was killed in an underride truck accident, it’s important to understand your rights and take swift action to protect them. Contact an experienced underride truck accident attorney in your area for a free consultation to learn more about your legal options and how the law applies to your situation.

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Filing an insurance injury claim after an underride truck accident is often a first step to collecting damages. If successful, victims can often recover compensation for medical expenses, lost wages, and pain and suffering, among other losses. In certain states, there are no caps on damages for truck accident cases, giving victims the potential to receive financial compensation for their losses. If the underride accident was fatal, the victim’s loved ones or family may need to file a wrongful death lawsuit for compensation of things not covered by insurance like loss of consortium.

A truck accident attorney with a track record of handling underride and wrongful death cases with professionalism and dedication can evaluate a victims’ full range of damages and collect evidence to support aggressive negotiations for maximum compensation.

What is the average settlement for an underride truck accident?

Underride truck accidents can be catastrophic, leading to severe injuries or fatalities. Just about any type of large truck can be involved in an underride – semi-trucks, hazmat tankers, flatbeds, construction vehicles, etc. Because each case is unique, there isn't really an "average" settlement amount for underride truck accidents. Typically, victims will receive compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. If a victim has suffered a catastrophic injury, such as paralysis or brain damage, their settlement will likely be significantly higher to cover the lifelong costs of their care. Settlements may range from tens of thousands of dollars to millions of dollars, depending on the extent of the injuries and the parties found liable for the accident.

Yes, you can file a lawsuit after an underride truck accident. While many truck accident cases are settled outside of court during negotiations with the at-fault party’s insurance company, underride accidents are frequently fatal or cause severe injuries. A victim should consider filing an underride truck accident lawsuit under these and other circumstances:

  • If the insurance company refuses to provide an acceptable settlement, or if there is a dispute over who is at fault for the accident.
  • If the underride accident resulted in severe or catastrophic injuries, a victim’s damages may exceed available insurance policy limits. A lawsuit may be filed seeking compensation for damages not covered by insurance.
  • If the underride accident was fatal. Each state has laws on who can file a wrongful death lawsuit and claim compensation for funeral expenses, loss of household contribution, and loss of consortium, among other losses.

Experienced underride truck accident attorneys prepare for every case like they’re going to court. They take on the complicated legal process so victims can focus on physical and emotional recovery.

Who is at fault in an underride truck accident?

Underride truck accidents often involve multiple parties at fault including the truck driver, trucking company, manufacturer, and /or maintenance company. This may be the case if the truck driver was under the influence of drugs or alcohol at the time of the accident, or if they were violating federal trucking regulations, such as driving for too many consecutive hours without rest. Additionally, if the trucking company failed to properly maintain the truck or underride guard, or if the guard was defectively designed or not installed, a lawsuit may be necessary to hold them accountable and recover damages.

An experienced underride truck accident attorney can investigate the accident and determine what happened. They have a deep knowledge of the laws regulating the trucking industry – and how to identify and prove when the law was broken. With few exceptions, rear underride guards are mandatory in the U.S. Front and side underride safety bars are optional.

Underride truck accidents can have a variety of causes. Here are some common causes of underride truck accidents:

  • Missing or defective underride guards. Underride guards are required by federal law to prevent vehicles from sliding under the trailer of a truck in the event of a rear-end collision.
  • Poor visibility. Trucks can have large blind spots, especially at the rear and sides, which can make it difficult for truck drivers to see smaller vehicles. Poor visibility can lead to an underride accident if the truck driver doesn't see a vehicle behind them or to the side of them.
  • Driver error. Truck driver error, such as speeding, distracted driving, or driving while fatigued, can cause an underride accident.
  • Equipment failure. Brake failure or tire blowouts can cause a trucker to lose control of their vehicle.

Common injuries in underride truck accidents

Underride truck accidents are among the most fatal type of traffic accidents. When not deadly, such a wreck can be a life-altering experience, leaving victims with significant injuries, mounting medical bills, and lost income. Here are some common injuries that victims may sustain in these accidents:

  • Amputation.
  • Bone fractures.
  • Burn injuries.
  • Crushing injuries.
  • Cuts and lacerations.
  • Disfigurement.
  • Dismemberment.
  • Internal bleeding.
  • Back pain injuries.
  • Organ damage.
  • Psychological trauma.
  • Spinal cord injuries, including paralysis.
  • Traumatic brain injuries and other head injuries.
  • Neck injuries, herniated disc, whiplash.

Truck accident victims deserve nothing less than the maximum compensation for the extensive damage they suffer, which often include medical expenses, injury rehabilitation, lost income, diminished earning potential, and unbearable pain and suffering. In the case of a fatal underride truck accident, close family or beneficiaries may be entitled to damages for funeral expenses, loss of contribution to household, and loss of consortium, among other things.

Underride truck accidents can result in catastrophic injuries or fatalities, leaving victims and their families devastated. An experienced underride truck accident lawyer can help victims and their families get the compensation and justice they deserve. An experienced underride truck accident attorney can investigate the wreck, gather evidence, identify all parties responsible for the crash, and fight relentlessly to hold them accountable. Underride truck accident lawyers work for a contingency fee, which means there is no upfront or out-of-pocket expense for their services. If you were injured or a loved one was killed in an underride truck accident, don't hesitate to contact an experienced lawyer for a free consultation today.

Injured? Call Now
1-866-828-0442
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Injured? Speak to a LAW.COM
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