The Dangers of Truck Underride Accidents

Underride truck accidents occur when a smaller car becomes lodged beneath a tractor-trailer, semi-truck, or large commercial motor vehicle. Truck underride accidents are dangerous because they can cause severe injuries to passenger vehicle occupants.

Rear and side underride guards can prevent this type of collision, but mandating these safety features has been met with resistance. Read on to learn more about the dangers of truck underride accidents and how a Davie truck accident attorney can help you seek justice if you suffered injuries during a crash. 

Why Are Truck Underride Accidents So Dangerous for Passenger Vehicles?

Trucks and commercial vehicles sit higher than most other automobiles on the road. Sometimes, when a car and a large truck collide, the height difference causes the passenger vehicle to get stuck beneath the truck in the gaps between its tires. 

Although underride truck accidents do not harm the truck driver, they can cause devastating injuries to the smaller vehicle’s occupants. 

According to the Public Broadcasting Service (PBS), the windshield or hood of the passenger car is usually the impact point during an underride accident. But, unlike with many other types of head-on collisions, the angle of an underride collision may not deploy the airbags. Those inside the vehicle may suffer the following:

• Neck and whiplash injuries
• Head and facial injuries
• Back and shoulder injuries
• Broken bones
• Abdominal injuries
• Spinal cord injuries
• Traumatic brain injuries
• Internal bleeding and organ damage

Evidence Shows Regulators and Trucking Companies Failed to Protect the Public From Underride Collisions

A 2023 investigative report from ProPublica and Frontlinereveals that the federal government and the trucking industry have known the dangers of truck underride accidents for over 50 years. The report alleges the National Highway Traffic Safety Administration (NHTSA) ignored credible data and research and could have taken simple steps to limit the number of underride crashes. 

According to the article, the government neglected to collect underride accident data. Instead, the NHTSA downplayed the number of crashes and bowed to the wishes of the trucking companies and lobbyists, who insisted that mandating rear and side underride guards would be prohibitively expensive. 

Because of the ProPublica and Frontline investigation, we now know that more than 400 people died in fatal underride collisions in 2021 alone. However, according to their report, experts say the number of deaths is likely higher. 

Can You Seek Financial Compensation for Truck Underride Accidents?

Florida is a no-fault insurance state. Therefore, if you have a truck underride crash in Florida, you must exhaust your personal injury protection (PIP) coverage before seeking compensation from a liable party. Once you exceed your insurance policy’s limits, you can pursue damages from those at fault with a personal injury claim or lawsuit. Recoverable awards may include the following:

• Medical expenses, including ambulance transportation, emergency services, surgeries, hospital stays, doctor’s fees, rehabilitation, physical therapy, mobility aids, and long-term nursing
• Lost income, including back pay, bonuses, tips, and employment benefits
• Lost earning capacity if you have a permanent and disabling injury that forces you to change jobs, reduce your hours, or quit working
• Vehicle and personal property damages
• Household services
• Pain and suffering, including monetary awards for mental anguish, emotional distress, physical and chronic pain, inconvenience, loss of enjoyment, and reduced or impaired quality of life
• Wrongful deathcompensation for a fatally injured loved one for the decedent’s medical costs, funeral and burial expenses, lost compensation, etc.

Who Is Liable for a Truck Underride Accident?

Multiple parties could be financially responsible for an underride collision. Potentially liable parties may include the following:

• The truck driver. Underride accidents often occur when a truck travels into the path of a smaller vehicle or stops short in front of another car. Examples of negligence that could lead a driver to make a mistake resulting in an underride accident include:
• • Speeding 
  • Running a red light or stop sign
  • Making an improper turn
  • Abruptly changing lanes
  • Driving fatigued
  • Driving while distracted 
  • Driving drunk
• The trucking company. Employers can be vicariously liable for their employees’ negligent or wrongful behavior. Therefore, you can hold a trucking company financially responsible for a driver’s actions. If the trucking company owns the commercial vehicle involved in the collision, our law firm can make a case for negligence based on the lack of underride guards. 
• The owner of the commercial vehicle. Sometimes, trucking companies do not own their fleets. If the truck’s owner is another party, we may be able to hold them responsible for failing to install underride guards. We can also hold them accountable for other vehicle issues that contributed to the crash, such as blown tires or faulty brakes. 

Do You Want a Florida Truck Accident Lawyer to Work on a Truck Underride Case?

Going up against a trucking company can seem daunting, especially when the case involves technical issues related to underride guards and safety equipment. Hiring legal representation can help you build a solid case and ease the stress you may feel so you can focus on healing. 

A personal injury lawyer with our firm can do the following tasks:

• Collect evidence, including surveillance video, photographs, eyewitness testimony, police reports, and medical records
• Demand evidence in the trucking company’s possession, such as driver’s logs and the truck’s “black box” recorder
• Hire and consult with crash reconstruction specialists and other subject matter experts when needed
• Gather and analyze underride guard accident data
• Identify and calculate your economic and non-economic damages
• Draft and file your insurance claims or lawsuits and handle legal paperwork
• Manage case-relate phone calls, emails, and meetings
• Pursue the maximum compensation possible
• Represent you at trial if necessary

There are time limits for civil lawsuit cases in Florida, so we encourage you not to wait too long to start on your truck accident case. According to Florida Statutes § 95.11, you generally have two years to file a personal injury or wrongful death lawsuit. If you do not take action within that time, the court will likely refuse your suit. You could end up with little or no compensation and no options for legal recourse. 

Call Chalik & Chalik Injury Lawyers for a Free Consultation About a Truck Underride Crash

The government and the trucking industry have long known the dangers of commercial truck underride accidents. If you suffered injuries in this type of accident, the harm may have been preventable. You deserve economic justice, and we can help. 

Call Chalik & Chalik Injury Lawyers for a free consultation. Our firm’s truck accident attorneys have served clients in Florida since 2003. We can put our experience and resources to work for you. We accept personal injury cases under a contingency fee agreement and won’t receive a payment unless you recover compensation.