Key Takeaways:
What Is an Underride Truck Accident?
An underride truck accident occurs when a small car or vehicle ends up getting trapped below a trailer, semi-truck or a truck. These accidents often have devastating consequences and can even result in death.
Rear underride vs side underride
When a truck accident occurs, especially when it involves a small vehicle, it can be extremely dangerous because the vehicle may be struck from the rear or side. When experiencing a rear underride, the passenger of the car or vehicle will slam into the back of the truck and slide underneath the back of the truck.
On the other hand, it’s important to note that rear underrides are not the only type of underride truck accident. Side underride accidents are also incredibly dangerous as they happen when a car collides with and slides under the side of a large truck or trailer. In either case, advice from one of our Columbus truck accident lawyers can help you navigate your options and protect your rights.
How underride differs from other truck crashes (passenger-compartment intrusion)
Underride truck accidents are different than other types of truck crashes because the under-ridden vehicle may become trapped beneath the truck, striking into the vehicle’s passenger compartment. In other words, these types of crashes can bypass the car’s safety systems, meaning that safety measures like seatbelts and airbags may not be enough to prevent serious injuries or death.
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Why Are Underride Accidents So Deadly?
The mechanism behind catastrophic and fatal injuries
During an underride collision, contact between the occupant’s head and the trailer bed may result in skull fracture, traumatic brain injury, or fatal intracranial bleeding. Where the trailer edge breaks through the windshield with significant force, the resulting interaction may instead produce devastating cervical injuries, including cervical spine fracture or fatal transection of the neck.
Why many guards fall in testing, and why side guards aren’t federally required
Even though rear guards are required for trucks, they fail because they often only meet the minimum federal standards, they don’t go through maintenance, and they are not strongly designed. While these measures of safety don’t fully protect drivers that get into accidents, they are still required, side guards, aren’t. Initiatives to make sideguards required have been pushed for a long time, however, because of truck companies’ pressure to avoid them due to their cost, it’s always been.
Guards Standard and Safety Regulations
Rear guard rules (FMVSS 223/224), reflective tape, and maintenance duties
To reduce the risk of these catastrophic injuries, federal regulations have requirements for some types of underride protection. Only rear underride guards are subject to performance standards under FMVSS 223/224, while side underride guards are not federally mandated in the same manner. All of this leaves important gaps in underride protection, making these types of accidents extremely dangerous.
The push for federal side-guard requirements
Even though rear underride guards are required by law, side underride guards are not mandatory, increasing the damage that could be caused if a side underride accident were to happen. Since 2014, the federal push for side-underride protection has taken shape through continued recommendations from the National Transportation Safety Board (NTSB), congressional action, and efforts by the National Highway Traffic Safety Administration (NHTSA) to study and potentially regulate side-underride guards. Nonetheless, these processes and requests are still under consideration, and no federal law has been approved.
How an Ohio Truck Accident Lawyer Can Help
A Columbus Truck accident lawyer from The Fitch Law Firm, can help you and your case by:
- Investigating the underride collision
- Reviewing evidence from the scene
- Determining whether safety regulations were violated
- Handling negotiations with insurance companies
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Frequently Asked Questions
What’s the difference between rear and side underride?
In a rear underride crash, a smaller vehicle strikes the back of a truck or trailer and slides beneath it. In a side underride crash, the vehicle strikes the side and slides underneath. In either case, the trailer may intrude into the passenger compartment, causing catastrophic or fatal injuries.
Are side underride guards required by law?
No. Federal law generally requires rear impact guards on many trailers and semitrailers, but it does not currently require side underride guards. Some carriers install side guards voluntarily, and requirements may vary under state or local law.
Who is liable if the guard was missing or defective?
If the truck’s guard was missing or defective, the trucking company, equipment manufacturer or third-party could be held liable for negligence. Liability may depend on who was responsible for installing, inspecting, maintaining, or repairing the guard. Evidence such as maintenance records, inspection reports, and expert analysis can help identify the responsible parties.
How long do I have to file an Ohio truck accident claim?
In Ohio, the statute of limitations generally gives truck accident victims two years from the date of the crash to file a personal injury claim, although the deadline may vary depending on the circumstances. It is important to act promptly while evidence is still available. An attorney from The Fitch Law Firm can evaluate the applicable deadline and help you or a loved one navigate the claims process.
What compensation is available after and underride crash?
Economic and non-economic damages may be available depending on the circumstances of the case. Compensation may cover property damage, medical expenses, pain and suffering, and emotional distress. Because every claim is different, our lawyers focus on protecting your rights and pursuing the maximum compensation available.
Reach out to The Fitch Law Firm
If you or someone you know has been a victim of these accidents, it’s complex to deal with the legal matter by yourself. Our Ohio personal injury attorneys can examine and help you with your case so that you can focus on your health and return to daily life.
Don’t wait to act and reach out to one of our lawyers. At The Fitch Law Firm, we focus on supporting you and protecting your rights while you recover or take care of your loved ones.
Call us today at (614) 739-8931 for a free, no obligation consultation.
