Almost all collisions between passenger vehicles and commercial trucks tend to have serious consequences for the occupants of the smaller vehicle. Certain types of accidents, however, are known for having particularly devastating repercussions. Underride accidents, which occur when a smaller vehicle actually becomes lodged beneath a large commercial truck, for instance, are notorious for resulting in especially severe injuries.
Although it is possible to hold trucking companies accountable for underride collisions, doing so can be difficult, as these corporations are often well-funded and represented by experienced legal teams and insurers who rarely want to accept liability, so if you were injured in a collision with a commercial vehicle, please contact one of our experienced Iowa truck accidents attorneys today for advice.
Underride truck crashes occur when a small passenger car becomes trapped beneath the rear or side of a large commercial vehicle. Typically, these kinds of accidents are the result of a smaller vehicle crashing into the rear or side of a larger truck. Side collisions, in particular, usually occur because a truck driver changes lanes unexpectedly, makes an illegal U-turn, or abruptly turns onto a roadway. If a driver is unable to see the unlit trailer in these situations, his or her car could become trapped under the side of the truck. Rear underride accidents, on the other hand, generally occur when a smaller vehicle rear-ends a large truck, often due to driver distraction or poor road conditions.
Underride collisions are extremely dangerous due to the size difference between semi-trucks and passenger vehicles. Unfortunately, for this reason, underride collisions often prove to be deadly for the occupants of the smaller vehicle.
Like any other type of accident, underride collisions have a number of different causes, but can often be attributed to someone’s negligence. For instance, trucking companies are required to equip their vehicles with reflective tape and to install underride guards on the rear of their trucks. A dirty truck or a vehicle that has not been updated with these guards can put anyone else who is on the road at risk of injury, especially where a truck’s brake lights are also not functional or weather conditions have created poor visibility.
Underride collisions can also be linked to driver error, including a failure to signal when changing lanes, parking on the side of the road without the proper lighting, or taking a turn too fast for the conditions. Finally, mechanical problems caused by manufacturing errors or poor maintenance, as well as negligent hiring policies on the part of trucking companies can contribute to or cause underride accidents.
Whatever the cause of the accident, underride collisions almost always have devastating consequences for those occupying the smaller vehicle. This is largely due to the fact that airbags, seat belts, crumple zones, and other safety features are rendered useless in these crashes because the first point of impact is the windshield. For this reason, the injuries sustained in underride crashes are almost always life threatening.
Trucking companies are required to equip their vehicles with underride guards, which are specifically designed to withstand the force of a collision and so prevent smaller cars from becoming pinned beneath tractor-trailers in rear-end collisions. Unfortunately, the GAO’s recent report revealed that in an inspection of more than 10,000 trailers, nearly 28 percent had rear guard violations and 500 had cracked, broken, or missing rearguards. Currently, the Federal Motor Carrier Safety Administration (FMCSA) does not require that commercial vehicles be equipped with side guards due to concerns over the stress that such additional weight would place on trailer frames. It is, however, still possible to hold a trucking company liable for its failure to properly install a rear guard on a commercial vehicle.
Although underride accidents are thought to only account for around one percent of total traffic fatalities, the U.S. Government Accountability Office (GAO) recently published a troubling report that cast these statistics into doubt. According to the GAO, this number is probably not an accurate representation of the actual risk posed by underride collisions, as these types of accidents often go unreported. This in turn, has been attributed to inconsistencies in the way underride collisions are logged and reported by law enforcement officers.
To address these concerns, the GAO recommended that the Department of Transportation (DOT) take steps to: provide a more standardized definition of what qualifies as an underride crash, conduct additional research on the efficacy of equipping vehicles with side underride guards, and establish annual inspection requirements for rear guards. Unfortunately, these recommendations have yet to be implemented.
If you or a loved one were involved in a collision with a commercial vehicle, you could be entitled to compensation for your losses. Please call 712-325-9000 today to speak with one of the experienced truck accident lawyers at Telpner Peterson Law Firm, LLP about your legal options.
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Attorney Walter Thomas provides legal representation in personal injury, workers compensation claims, auto accidents, medical malpractice, elder law and more. For more details contact our Council Bluffs personal injury lawyer at 712-325-9000.... View full business profile here: Walter Thomas
