Underride Truck Accident Lawyer

Underride truck accidents represent one of the most horrific and lethal scenarios on our nation's roadways. These devastating collisions occur when a smaller vehicle, such as a car, SUV, or pickup, collides with a large commercial truck and slides beneath its trailer or body. The consequences are often catastrophic, resulting in severe injuries, life-altering disabilities, or tragically, loss of life.

At Alexander Shunnarah Truck Accident Lawyers, we've witnessed firsthand the profound and far-reaching impact these accidents have on victims and their families. The physical, emotional, and financial toll of underride accidents can be overwhelming, leaving survivors and their loved ones grappling with a new reality filled with medical challenges, rehabilitation, and an uncertain future.

Our team of experienced truck accident attorneys is dedicated to fighting for the rights of those affected by underride truck accidents across the country. We understand the complexities of these cases, from the intricate federal regulations governing the trucking industry to the challenges of proving liability and securing fair compensation. With our nationwide presence, extensive resources, and unwavering commitment to justice, we stand ready to be your advocates in the aftermath of these life-changing events.

Whether you're facing mounting medical bills, grappling with long-term disabilities, or mourning the loss of a loved one, know that you're not alone. Alexander Shunnarah Truck Accident Lawyers can guide you through the legal process and fight for the justice and compensation you deserve.

Understanding Underride Truck Accidents

An underride accident occurs when a smaller vehicle collides with a large commercial truck and slides underneath it. These accidents are particularly devastating due to the extreme size and weight disparity between the vehicles involved. There are three types of underride truck accidents:

Rear Underride

This is the most common type of underride accident. It happens when a passenger vehicle crashes into the back of a tractor-trailer. Rear underride accidents often occur due to sudden truck stops, poor visibility of the trailer (especially at night or in bad weather), or distracted driving by the car's driver. Despite federal requirements for rear underride guards, many devices fail to prevent severe underride in real-world crash scenarios.

Side Underride

Side underride accidents occur when a car slides under the side of a truck or trailer. These can be particularly dangerous at intersections, during lane changes, or when a truck makes a wide turn. Unlike rear guards, side underride guards are not currently mandated in the United States, although some companies voluntarily install them. The lack of side protection leaves vehicles especially vulnerable in these scenarios.

Front Underride

While less common, front underride accidents can occur when a truck rear-ends a smaller vehicle or when a car slides under the front of a truck after a collision. Front underride guards are not typically required, and the high ground clearance of many trucks makes this type of accident a possibility.

Factors Contributing to Severity or an Underride Truck Accident

Underride truck accidents make up less than 1% of all traffic fatalities, but they are also more likely to result in serious injuries and fatalities, according to an analysis by The National Highway Traffic Safety Administration (NHTSA).

Several factors exacerbate the severity of underride accidents:

  • Passenger Compartment Intrusion: In an underride scenario, the truck often intrudes directly into the passenger compartment of the smaller vehicle, bypassing many built-in safety features.
  • Ineffective Safety Measures: Standard vehicle safety features like airbags, seatbelts, and crumple zones may not help protect you in an underride collision.
  • Speed Differential: The difference in speed between the truck and the smaller vehicle can significantly impact the severity of the underride.
  • Truck Design: The height and structure of commercial trucks make them inherently dangerous in collisions with smaller vehicles.
  • Underride Guard Effectiveness: While rear underride guards are mandated, their design and effectiveness vary, and they may fail in offset collisions or at higher speeds.

Injuries Resulting from Underride Accidents

The injuries sustained in underride accidents are often severe and life-changing:

These injuries can result in long-term disability, extensive medical treatment, and significant financial burdens for victims and their families. Many underride truck accident victims don’t survive the crash. 

The Importance of Underride Guards

Underride guards are safety devices that prevent smaller vehicles from sliding beneath trucks during collisions.

These guards are mandated by federal regulations for the rear of most commercial trucks, but their effectiveness varies:

  • Rear guards: Required on most trailers, but older models may have outdated or ineffective designs
  • Side guards: Not currently mandated in the U.S., though some companies voluntarily install them
  • Front guards: Also, not required, but can help prevent front underride accidents

Recent studies have shown that many existing underride guards fail to prevent severe underride in real-world crash scenarios, especially in offset collisions or at higher speeds.

NHTSA sets standards for underride protection on commercial vehicles:

  • Federal Motor Vehicle Safety Standard (FMVSS) No. 223: Specifies requirements for rear impact guards on trailers and semi-trailers
  • FMVSS No. 224: Outlines rear impact protection standards for trailers and semi-trailers

However, these regulations have faced criticism for being outdated and insufficient. Advocacy groups and some lawmakers have pushed for stricter standards and the mandatory installation of side underride guards.

Criticisms and Limitations of Underride Guards

Despite these regulations, criticisms and limitations include:

  • Outdated Standards: Many argue that the current standards are based on outdated crash test data and don't reflect real-world accident scenarios.
  • Insufficient Strength Requirements: Studies have shown that many guards meeting the current standards still fail in offset crashes or at higher speeds.
  • Lack of Side and Front Guard Requirements: There are currently no federal requirements for side or front underride guards, leaving significant vulnerabilities.
  • Exemptions: Certain types of trucks and trailers are exempt from these requirements, creating potential safety gaps.

Liability in Underride Truck Accidents

Determining liability in underride accidents can require a lawyer, as you can hold multiple parties responsible:

  • Truck driver: If negligence, such as distracted driving or fatigue, contributed to the accident
  • Trucking company: For inadequate maintenance, improper training, or encouraging unsafe practices
  • Truck manufacturer: If defective parts or design flaws played a role
  • Cargo loaders: In cases where improperly secured cargo led to the accident
  • Government entities: If poor road design or maintenance was a factor
  • Other drivers: In multi-vehicle accidents where another driver's actions contributed to the crash

Our experienced attorneys at Alexander Shunnarah Truck Accident Lawyers conduct thorough investigations to identify all potentially liable parties and hold them accountable.

Challenges in Underride Accident Cases

Pursuing compensation in underride accident cases can require a lawyer due to:

  • Complex federal and state regulations governing the trucking industry
  • Multiple potentially liable parties
  • Sophisticated legal teams representing trucking companies and insurers
  • The need for extensive evidence gathering and expert testimony
  • Difficulties in reconstructing the accident scene
  • Statute of limitations concerns

Our firm has the resources, experience, and determination to overcome these challenges and fight for the maximum compensation our clients deserve.

Compensation in Underride Truck Accident Cases

Victims of underride accidents may be entitled to various forms of compensation:

  • Medical expenses (past and future)
  • Lost wages and loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs
  • Home modification expenses
  • Loss of enjoyment of life
  • Wrongful death damages (in fatal cases)

The amount of compensation varies based on factors such as the severity of injuries, long-term prognosis, and impact on the victim's life. Our attorneys work diligently to ensure all damages are properly calculated and pursued.

Underride Truck Accident FAQs

How long do I have to file a lawsuit after an underride truck accident?

The time limit, known as the statute of limitations, varies by state but typically ranges from one to four years from the date of the accident. However, consult an attorney as soon as possible, as investigating and building a strong case takes time. Additionally, certain circumstances, such as cases involving government entities, may have shorter filing deadlines.

Can I still pursue a claim if my loved one passed away in an underride accident?

Yes, you may be able to file a wrongful death lawsuit on behalf of your deceased family member. These cases allow surviving family members to seek compensation for loss of companionship, lost future earnings, and funeral expenses, among other damages.

The specific laws governing wrongful death claims vary by state, so it's important to consult with an experienced attorney familiar with your local regulations.

What if the truck involved in the underride accident was from another country?

Cross-border trucking accidents can complicate legal proceedings, but you still have rights. The case may involve international law, federal regulations, and potentially multiple jurisdictions.

An attorney experienced in handling international trucking accidents can help navigate these complexities and ensure your rights are protected, regardless of the truck's country of origin.

Are there any ongoing efforts to improve underride protection on trucks?

Yes, there are ongoing legislative and industry efforts to enhance underride protection. The Stop Underrides Act, reintroduced in Congress, aims to require stronger rear guards and mandate side and front underride guards on large trucks. Additionally, some manufacturers voluntarily develop and implement improved underride protection systems, going beyond current federal requirements.

How can new technologies help prevent underride accidents?

Emerging technologies show promise in reducing underride accidents. Advanced driver assistance systems (ADAS) like automatic emergency braking and blind-spot detection can help prevent collisions that lead to underride scenarios.

Additionally, some companies are developing smart underride guards that can detect an impending collision and deploy additional protective measures. These technologies may improve truck safety and reduce underride accidents as they evolve.

How Alexander Shunnarah Truck Accident Lawyers Can Help

If you or a loved one has been involved in an underride truck accident, our experienced team is here to help:

  • Free initial consultation to evaluate your case
  • Thorough investigation of the accident, including:
    • Gathering and preserving evidence
    • Interviewing witnesses
    • Analyzing police reports and accident scene photos
    • Consulting with accident reconstruction experts
  • Identifying all potentially liable parties
  • Handling all communication with insurance companies and opposing counsel
  • Calculating the full extent of your damages, including future costs
  • Negotiating aggressively for a fair settlement
  • Preparing your case for trial if a satisfactory settlement cannot be reached
  • Providing compassionate support throughout the legal process

Our firm has a proven track record of success in complex truck accident cases, and we're committed to fighting for the justice and compensation you deserve.

Why Choose Alexander Shunnarah Truck Accident Lawyers?

If you've been affected by an underride truck accident, don't face this challenging time alone. The experienced attorneys at Alexander Shunnarah Truck Accident Lawyers can guide you through the legal process and fight for the compensation you deserve.

Here’s why you should choose us:

  • Nationwide presence: With offices across the country, we can represent clients in underride accident cases nationwide
  • Extensive experience: Our attorneys have handled numerous truck accident cases, including complex underride accidents
  • Resources: We have the financial and professional resources to take on large trucking companies and their insurers
  • Dedication: We're committed to achieving the best possible outcome for each client
  • No upfront costs: We work on a contingency fee basis, meaning you don't pay unless we win your case
  • Client-focused approach: We prioritize open communication and personalized attention for each client
  • Track record of success: Our firm has recovered billions of dollars in compensation for our clients

Contact Our Truck Accident Lawyers Today

At Alexander Shunnarah Truck Accident Lawyers, we're not just attorneys—we're advocates for safer roads and justice for accident victims. Let us be your voice in the fight for fair compensation and accountability in underride truck accidents.

Contact us today at 205-957-4995 or through our online form for your free, no-obligation consultation. Let us put our experience, resources, and dedication to work for you and your family. Remember, time is of the essence in these cases due to statutes of limitations, so don't delay in seeking legal representation.