Underride Truck Accidents

An underride truck accident can be a very dangerous accident, one that can cause loss of life to victims. These accidents occur when passenger vehicles collide with large trucks and run under the back or side of the truck. Because of the size difference in these vehicles, it is not uncommon for these types of accidents to occur.

If you are the victim of such an accident, it is crucial to get legal guidance from an Orange County truck accident lawyer to navigate this more complex area of the law.

What Is an Underride Truck Accident?

An underride truck accident occurs when a passenger vehicle rides under a truck, typically under the rear of the truck or between the tires on the side of a truck. Because some passenger vehicles have a lower front end than the height of the tractor-trailer, the vehicle’s engine can slide under the truck’s trailer. This creates an immediate risk for serious injuries because the front of the car fails to stop the vehicle, thus leading to the windshield and cabin facing direct impact.

A rear underride collision occurs when a car runs into the rear of a truck or semi-trailer. They happen when a truck is stopped or driving slowly, and the vehicle behind does not stop. These tend to be more common forms of underride accidents. Side underride collisions occur along the side of the vehicle and may occur when the truck is turning or in the middle of an intersection, and a driver passing perpendicular to the truck fails to stop.

The risks of underride truck accidents are so high that the National Highway Traffic Safety Administration monitors them closely, and as well as the underride guard performance, most trucks now have to reduce these risks.

Why Underride Truck Accidents Happen

Underride truck accidents occur for many reasons, including all of those commonly associated with a rear-end accident, such as driver distraction or fatigue. In addition, consider some of these other common reasons why these accidents take place:

• The driver behind did not know the truck was stopped or stopping because the brakes malfunctioned or were too dirty to see them illuminated.
• A truck stopped at a railroad crossing even though there were no warning signs to do so.
• A failure to yield the right of way took place in an intersection, such as due to a driver failing to stop at a red light.
• The truck was operating at a very slow speed and did not have warning lights on to indicate this risk to other drivers.
• A truck was changing lanes without warning the other drivers on the road, causing a passenger vehicle to be pinned under the side of the truck.

An investigation into the cause of an underride truck accident will provide more insight into the cause. This often involves the use of witnesses, photos or videos of the area, documentation from commercial black boxes in trucks, and accident reconstruction.

Common Serious Injuries in Truck Underride Accidents

A truck underride accident can be a fatal incident, especially if the vehicle continues under the truck. Data indicates that, in 2021, 400 people died from these accidents, accounting for a significant portion of all truck fatalities. Those who survive often suffer serious injuries and catastrophic losses.

Some of the most common injuries suffered in underride accidents include the following:

• Amputations
• Traumatic brain injuries
• Paralysis due to spinal cord damage
• Lacerations
• Internal organ injuries
• Broken and crushed bones

Many of these accidents cause injuries that require complex treatment, including:

• Hospitalization
• One or more surgical procedures
• Rehabilitation
• Ongoing medical care
• Medications
• Assistive medical devices
• Ongoing support in homes

In some situations, a person may not be able to go back to life as they knew it and may not be able to recover from mental health implications. The onset of post-traumatic stress disorder, depression, and anxiety are often debilitating. Loss of quality of life is also likely to occur.

Who Is Liable in a Truck Underride Accident?

One of the most important considerations in such accidents is determining negligence. It may seem that because the car driver struck the truck from behind or the side, the car’s driver was responsible. That is not always the case.

Your truck accident attorney will find out what really happened to make sure it is fully understood how this incident occurred. Some examples of a truck driver responsible for an underride accident include:

• Faulty or dirty brake lights on the trailer
• The driver stopped suddenly.
• The truck driver cut off the passenger vehicle.
• The legally required underride guards were missing or defective in some way.
• The truck driver failed to warn prior to changing lanes.

In these situations, evidence will be necessary to prove the cause of the accident. Witness statements could help to do this, such as trucking black boxes.

Also notable is that it may not just be one party responsible. In some cases, the truck company and the driver could be held responsible. Alternatively, both drivers of the truck and the car could hold some level of responsibility.

In Orange County, the law follows comparative negligence, meaning that both parties can be held partially responsible for the accident. You are able to recover damages if you share in the fault of the accident, even if you are found to be 99% at fault. As a result, even if you were mostly to blame for the truck accident, it is beneficial to seek out guidance from an attorney to learn what legal rights you may have at receiving compensation.

Contact Our Underride Truck Accident Attorney

Victims of underride truck accidents and override truck accidents can face a long road to recovery. If you are suffering in these situations, seek out the guidance of our truck accident attorney at DiMarco | Araujo | Montevideo.

We provide free consultations and will tell you, frankly, what your rights are in these situations and what steps you can take to recover damages. Call our attorneys today to start the conversation and get answers in your case.