Who is Liable for an Underride Accident?
When a passenger vehicle crashes into the side or rear of a truck and slides underneath the trailer, it is known as an underride accident. These crashes can have catastrophic consequences for the occupants in the smaller vehicle. In many cases, they are fatal. The impact of an underride crash can crush or shear the roof of a smaller vehicle, which causes serious injuries to occupants of the smaller car, such as decapitation, traumatic brain injuries, and more. Below, our San Antonio truck accident lawyer explains who may be liable for these types of crashes.
Legal Measures to Prevent Underride Accidents
The Federal Motor Vehicle Safety Standards has enforced strict regulations to prevent catastrophic underride accidents from occurring. Under these regulations, all tractor-trailers must have rear underride guards installed on them to prevent smaller vehicles from sliding underneath them. These regulations are federal and so, they apply to all commercial trucks operating in Texas and throughout the country.
All underride guards must meet certain performance standards and a specific design. Trucking companies and truck drivers must make sure all of their vehicles are equipped with these guards. If they do not, they may face legal action along with very high fines.
Determining Liability for Underride Accidents
If you or someone you love has been hurt in an underride accident, you may be eligible for compensation if the crash was caused by another person’s negligence. There are many people who may be liable for an underride accident, including:
- The trucking company: Trucking companies are big businesses, and they often prioritize their own profits over the safety and well-being of others. These companies often take shortcuts, such as failing to go to the time and expenses of installing underride guards. When this is the case, a trucking company can be held liable for an underride accident.
- Truck drivers: Truck drivers can be held liable for an underride accident if their negligent actions lead to a crash. For example, a truck driver may brake improperly, prohibiting a driver of a passenger vehicle from stopping in time before they slide under the truck.
- Other drivers: Drivers of small passenger vehicles can also be held liable for an underride accident if they acted negligently. For example, if another driver was following a truck too closely and became involved in an underride accident, they could be held liable for paying damages.
Our Truck Accident Lawyer in San Antonio Can Help with Your Case
Underride accidents are some of the worst that occur on the roads and highways in Texas, as they cause some of the most severe injuries. At the Law Office of Israel Garcia, our San Antonio truck accident lawyer understands the devastating consequences of these crashes and is dedicated to helping clients obtain the full and fair damages they are entitled to. If you or someone you love has been injured, call us now at 210-LAW-9999 or chat with us online to schedule a consultation with our experienced attorney and to get the sound legal advice you need.
Sources:
nhtsa.gov/sites/nhtsa.gov/files/2022-08/Underride-Crash-Pamphlet_071522_v6a-tag.pdf
nhtsa.gov/crashworthiness/truck-underride
