Is a Truck Ever Responsible For an Underride Accident?

Semi-truck underriding accidents typically occur when a smaller vehicle rear-ends a truck. While accidents involving rear-end collisions are often considered the fault of the person driving behind, there are some circumstances in which the leading vehicle could be at fault.

Understanding Underride Crashes

Underride truck accidents occur when a smaller vehicle collides with the rear or side of a large truck and slides underneath its trailer. This can lead to catastrophic consequences for both parties. These accidents typically happen when a smaller vehicle follows too closely behind a truck or when visibility is limited, such as during nighttime driving or adverse weather conditions. 

What makes underride accidents especially dangerous is the potential for severe injuries or fatalities, particularly for occupants of the smaller vehicle. The impact of the collision can result in the roof of the smaller vehicle being sheared off or crushed, leading to devastating injuries to the occupants, including traumatic brain injuries, decapitation, or death if the smaller vehicle is moving with enough speed on impact. 

The lack of protection offered by the truck's trailer may also exacerbate the risk of serious injury, as there is little to no structural reinforcement to absorb the force of the collision. Underride accidents can be some of the most devastating accidents and underscore the importance of implementing effective safety measures on vehicles that ride high off the ground.

Legal Guidelines on Underride Guards

Because underride wrecks can be so catastrophic, there are strict federal guidelines in place to help protect drivers from these types of accidents. The Federal Motor Vehicle Safety Standards (FMVSS) enforces strict regulations on all operating semi-trucks including requirements for rear underride guards on trailers to prevent passenger vehicles from sliding underneath in the event of a rear-end collision.

These federal regulations apply to all commercial vehicles operating in Florida and across the United States. They mandate specific design and performance standards for rear underride guards to enhance safety and reduce the risk of catastrophic injuries or fatalities in underride collisions. Trucking companies and operators in Florida must ensure that their vehicles comply with these federal safety standards or they could face huge fines and even legal actions. 

Who May Be Held Liable?

In these types of accidents, there are many factors at play. How the accidents happened, driving conditions, and truck maintenance status can all come into play to determine legal liability in underride accidents. 

Trucking companies

A trucking company may be held responsible for an underride accident if it fails to ensure that its vehicles comply with federal safety regulations requiring the installation of adequate underride guards. These guards are designed to prevent smaller vehicles from sliding underneath the rear or side of a semi-truck in the event of a collision. If a trucking company neglects to properly maintain or install underride guards, or if the guards are defective or non-compliant with safety standards, the company could be found liable for injuries or fatalities resulting from an underride accident. 

Additionally, if the truck driver's actions leading up to the accident, such as sudden braking or improper lane changes, were the result of inadequate hiring or training, unrealistic scheduling demands, or other company policies or practices, the trucking company may also be held accountable for its role in contributing to the accident.

Truck drivers

A truck driver may be held responsible for the accident if their actions or negligence directly contribute to the collision. Such circumstances might include situations where the truck driver fails to maintain a safe speed or follow proper braking procedures, leading to a sudden stop that catches following vehicles off guard. 

A driver might also be held liable for an underride accident if they failed to properly signal lane changes. Unexpected or sudden lane changes can create a dangerous situation where a smaller vehicle may attempt to pass or merge at an unsafe angle, resulting in an underride collision.

Car Drivers

Yes, the driver of the car involved may also be held liable under certain circumstances. If the driver of the car caused them to hit the truck in question due to illegal or irresponsible driving practices, they may also be held liable for the accident. This could include things like distracted driving, drunk driving, or tailgating. 

While all semi-trucks should be equipped with protective measures that prevent underride accidents, the cause of the accident will also be taken into account when determining legal liability. 

The Importance of Proper Legal Representation

Obtaining proper legal representation is crucial if you or a loved one is involved in an underride wreck. An experienced attorney specializing in truck accident cases can provide invaluable guidance and advocacy during this challenging time. 

Don't face the aftermath of an underride wreck alone – contact Truck.Law today for a free consultation and let us help you get the compensation you deserve.