What Are Underride Accidents?

By Bailey & Greer, PLLC | February 28, 2024

What Are Underride Accidents?An underride accident occurs when a vehicle colliding with another slides under the body of the vehicle in front of it. This is a common type of accident with trucks, which tend to have a much higher floor than a passenger vehicle.

If you have been in an underride accident, you may be entitled to compensation for your losses. Our Little Rock truck accident attorneys at Bailey & Greer PLLC can help you determine who is at fault for your case.

Understanding the risks in an underride accident

The National Highway Traffic Safety Administration (NHTSA) states that, while it does not have as much information as needed to determine how to prevent them, these types of accidents often lead to severe injuries and fatalities. Each year, people die because of these types of accidents simply because the car can slide so far under the truck in front of it that there is nothing stopping it until the windshield, which exposes the driver to incredible risk.

There are some laws in place that aim to minimize this risk. There are federal laws in place that require larger trucks, including tractor-trailers, to have an underride guard on their rear as a way to prevent this type of accident from occurring. However, they do not require the implementation of side rails, which means in a T-bone type of accident, a car can easily pass under the truck’s body, leading to the same type of risk.

A report released by the Insurance Institute for Highway Safety found that the requirement of installing side underride bars could create a significant improvement in fatalities and injuries. It is estimated it could save the lives of 17 people each year and reduce serious injuries by 69 incidents per year. As of right now, this law is not in place, and it is up to truck manufacturers to decide whether to invest in them or not to do so.

Is a truck driver responsible for underride accidents?

Truck drivers do not always hold responsibility or fault in an underride accident. There are some situations, however, in which the truck driver’s actions could cause this type of accident to occur. All truck drivers are responsible for ensuring they are driving in a responsible manner, and when they are not, that puts others at risk. Here are some examples of when an underride accident could be due to the negligence of a truck driver:

  • The truck is required to have underride guards on it but does not have them, or they are not in good condition.
  • The truck is not being maintained properly, and that leads to a failure that puts other drivers at risk, such as missing or non-working brake lights.
  • The truck driver was speeding, changing lanes improperly, or running a red light, and that action led to the incident.

There are many times when truck drivers are tired, overworked, or not paying attention to changing road conditions. Running a red light while another car is turning could easily allow for an underride accident to occur. Swerving or suddenly stopping for no reason can also cause these accidents to occur.

Other causes of an underride accident could include:

  • Poor weather conditions make it hard for a driver to see the truck in front of them.
  • A driver tailgating the truck in front of them.
  • Drivers who do not turn at the right time or underestimate the turn.
  • Reckless driving incidents.

What can be done to minimize underride accidents?

Truck drivers and vehicle manufacturers should take steps to make it easy to see a large truck on the roadways. The underride guards, located on the back and sides of the car, could be a very big investment but one that can translate into life-saving measures. It is also important for trucks to improve target conspicuity, meaning making the vehicle stand out as much as possible from the space around it. This is very important at night when it is hard to see a truck that is much taller, especially in bad weather conditions.

What rights do you have if you have been in a truck underride accident?

Our truck accident attorneys in Arkansas have the experience and confidence to help you through these legal challenges. Our first goal is to determine what happened and why. To do that, our attorneys will talk to you about what occurred, what you experienced, and what you remember just before the accident. We will also work closely with you and other resources to find available evidence. That may include:

  • Black box data from the truck
  • Witness statements
  • Medical reports and blood work from the truck driver
  • Work logs
  • Manufacturing repair logs
  • Debris at the scene of the incident

Our goal is always to understand what occurred. That way, we can help you determine if the truck driver acted in a negligent manner. If so, they may hold responsibility for some of your losses. In a serious accident like this, proving that the other driver was responsible is key and often challenging to do.

There are situations where truck drivers are responsible. However, to prove this, you need a highly skilled and experienced car accident attorney by your side. This allows us to gather as much information as possible and then work closely with you to determine how much compensation you are owed.

To determine if a truck driver was responsible for your underride accident, contact Bailey & Greer PLLC now in Little Rock. Discuss your case with our team openly, and allow us to explore all of the legal strategies that may be available to you.

We are happy to offer you a free case evaluation to learn a bit more about what occurred. We protect your privacy and work hard to prove your rights to compensation. Then, we work diligently to ensure you have access to the best possible compensation. Call our office or submit our contact form to schedule a free consultation today.

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Posted in Truck Accidents