Truck underride crashes are some of the most devastating accidents on the road, often resulting in severe injuries or fatalities. These accidents occur when a smaller vehicle slides under the rear or side of a large truck or trailer during a collision. Understanding liability in a truck accident involves examining multiple factors, including the cause of the accident, federal regulations, the roles of various parties, and the legal avenues available for victims and their families.
What Causes Truck Underride Crashes?
Underride crashes can result from various factors, including:
- Lack of underride guards: Federal regulations require rear underride guards on most commercial trucks, but side underride guards are not mandated, despite their potential to prevent many accidents.
- Poor Visibility: Trucks can be difficult to see, especially at night or in poor weather conditions. Inadequate lighting or lack of reflective markings can increase the risk of a collision.
- Sudden stops: Trucks making abrupt stops on highways or roads without adequate warning to trailing vehicles can cause underride crashes.
- Driver error: Negligence (carelessness) or reckless driving by either the truck driver or the driver of the smaller vehicle can contribute to underride accidents.
- Improper maintenance: Faulty or poorly maintained equipment, such as brakes or lights, can lead to accidents.
- Road conditions: Poorly maintained roads, inadequate signage, or lack of proper traffic control can also play a role in causing underride crashes.
Federal Regulations and Safety Standards
Several federal regulations and standards concern truck underride safety:
- Federal Motor Carrier Safety Administration (FMCSA): The FMCSA regulates the commercial trucking industry and sets requirements for underride guards. Since 1953, rear underride guards have been mandated on large trucks. |
- National Highway Traffic Safety Administration (NHTSA): The NHTSA sets standards for underride guards and has been working to improve their effectiveness. They have introduced requirements for stronger rear underride guards to better withstand impacts.
- Voluntary standards: Some companies voluntarily install side underride guards and additional safety features to exceed federal requirements.
Who Can Be Held Liable?
Liability in truck underride crashes can involve multiple parties, each potentially responsible for different aspects of the accident:
- Truck drivers: If a truck driver’s negligent (careless) behavior, such as speeding, distracted driving, or failing to signal, leads to an accident, they can be held liable. Failure to adhere to FMCSA regulations, such as inadequate use of lights or reflective tape, can also establish liability.
- Trucking companies: Companies can be held responsible for hiring and retaining drivers with poor safety records as well as failing to provide adequate training. Trucking firms are also responsible for maintaining their fleets. Failure to maintain or inspect trucks properly can lead to mechanical failures and accidents.
- Safety equipment: If a company fails to install required or recommended safety equipment, such as underride guards, it can be held liable for resulting accidents.
- Manufacturers: Companies that make trucks and safety equipment can be held liable if a defect in the vehicle or underride guard contributes to an accident.
- Third parties: Companies or individuals responsible for maintaining the truck can be liable if their negligence (carelessness) in service or repairs leads to an accident. Improper loading of cargo, which affects the handling and stopping distance of a truck, can also establish liability for the party responsible for loading the truck.
Contacting an Experienced Lawyer
Victims who have been injured in truck accidents may be able to seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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