Who May Be Liable for a Dangerous Underride Truck Crash

Underride crashes are some of the most devastating accidents we see at Metier Law Firm. When a smaller vehicle slides underneath a commercial truck or trailer, the results are often catastrophic or fatal. The roof of the car gets sheared off, and passengers suffer severe head and neck injuries that change families forever. What makes these crashes even more heartbreaking is that many could have been prevented with proper underride protection, better vehicle designs, or more careful driving.

After handling hundreds of truck accident cases and driving commercial vehicles myself with my CDL, I've learned that liability in an underride truck crash often extends far beyond just the truck driver. Multiple parties can share responsibility for these tragedies, and identifying all liable parties is crucial for getting victims the full compensation they deserve for their medical expenses, lost wages, and pain and suffering.

Understanding Underride Accidents

An underride crash happens when a passenger vehicle slides beneath a commercial truck or trailer. Most occur at the rear of the truck, but side underride accidents also happen when cars slide under the side of a trailer during turning maneuvers or lane changes.

The physics are brutal. Trucks sit much higher off the ground than passenger cars, creating a deadly gap. When impact occurs, the truck's bumper or underride guard might be too high to stop the car's forward momentum, allowing it to continue sliding underneath. The car's safety features like airbags and crumple zones can't protect occupants when the truck's chassis enters through the windshield.

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Multiple Parties Can Share Liability

The Trucking Company

Most truck drivers work for larger trucking companies that can be held liable for their employees' actions. If the driver was speeding, following too closely, or violated hours of service regulations due to driver fatigue, the company may face responsibility. We’ve seen cases where companies pressured drivers to meet unrealistic delivery schedules, leading to dangerous driving.

Trucking companies also have duties to properly maintain their vehicles, conduct background checks, and provide adequate training. When they cut corners on safety to boost profits, they can be held accountable under federal trucking safety regulations.

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Truck and Trailer Manufacturers

Some liability falls on the companies that build the trucks and trailers. Federal regulations require underride guards on the rear of trailers, but these guards often fail in real-world crashes. If a manufacturer installed defective or inadequate underride protection, they may bear responsibility.

Manufacturing companies can also be liable for poor visibility features, inadequate reflective markings, or design flaws that make underride crashes more likely. We’ve handled cases where trailer manufacturers knew their underride guards wouldn't protect cars traveling at highway speeds but continued using the same flawed designs.

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Maintenance Providers and Parts Manufacturers

Trucks travel hundreds of thousands of miles and require constant maintenance. When maintenance providers fail to properly inspect or repair underride guards, brake systems, or lighting, they can contribute to crashes. Similarly, parts manufacturers may be liable if their components fail when they're needed most.

Defective brake systems can prevent trucks from stopping in time, while failed lighting makes trucks nearly invisible at night. These maintenance and parts failures often play a role in underride accidents.

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Cargo Loading Companies

Improperly loaded cargo can cause trucks to behave unpredictably. When cargo shifts during transport, it can cause drivers to lose control or make trucks unstable during turns. Loading companies that fail to properly secure freight may share liability for resulting crashes.

Overloaded trucks also take longer to stop and are harder to maneuver, increasing underride crash risks.

If you or a loved one was injured in a crash with a commercial truck, call us at 866-377-3800 or schedule a free consultation at www.metierlaw.com.

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Government Entities and Road Design

Sometimes government entities bear responsibility for underride crashes. Poor road design, inadequate signage, or dangerous intersections can contribute to these accidents. Construction zones without proper warning or barriers can create hazardous conditions where underride crashes become more likely.

Government entities may also be liable when they fail to maintain roads properly or ignore known safety hazards that contribute to 18-wheeler accidents.

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Building Your Case Against All Liable Parties

As truck accident lawyers who understand the commercial vehicle industry, we know how to identify every party that may share responsibility. This investigation often involves analyzing black box data from the truck, reviewing the driver's logbooks and training records, and conducting thorough accident reconstruction.

The trucking industry has layers of companies and contractors involved in every operation. We examine maintenance records, inspection reports, and cargo loading procedures to build the strongest possible case. Sometimes we find that multiple parties made decisions that led to the crash, and each must be held accountable.

We also work with engineering experts who understand underride protection systems and can determine whether better designs could have prevented the tragedy. These experts help us show how negligent truck drivers, defective vehicle designs, or inadequate safety equipment contributed to our clients' injuries.

Insurance companies representing these various parties often try to shift blame to avoid paying fair compensation. Having experienced legal representation ensures that all responsible parties are identified and held accountable for the full extent of your property damage, rehabilitation costs, and other losses. Our personal injury attorneys have the resources to investigate complex commercial vehicle crashes thoroughly.

The National Highway Traffic Safety Administration continues to study underride crashes and push for stronger safety standards, but current regulations often fall short of protecting passenger vehicle occupants.

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Frequently Asked Questions

Who pays for my medical bills after an underride truck crash?

Multiple insurance policies may apply depending on who shares liability. The trucking company typically carries substantial coverage, but manufacturers, maintenance providers, and other parties may also have relevant insurance. An experienced truck accident lawyer can identify all available coverage sources to ensure your medical expenses are fully covered.

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

Statute of limitations varies by state, but it's typically two to three years from the date of the accident. However, investigation should begin immediately while evidence is still available. Truck companies are only required to preserve certain records for limited time periods.

Can I sue if my family member died in a truck crash?

Yes, family members can pursue wrongful death claims against all liable parties. These cases can recover compensation for funeral expenses, lost income, and the emotional loss suffered by surviving family members. Each state has specific laws about who can file wrongful death claims.

What if the truck driver wasn't at fault?

Even when the truck driver didn't cause the initial crash, other parties may still bear liability for your injuries. Defective underride guards, poor vehicle maintenance, or inadequate safety equipment can turn a minor accident into a catastrophic underride truck crash.

How much is my truck crash case worth?

Case values depend on the severity of injuries, available insurance coverage, and the degree of liability shared among various parties. Underride crashes often result in substantial settlements or verdicts due to the severe nature of injuries and the multiple parties who may share responsibility.

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Why You Want a Truck Crash Lawyer With a CDL on Your Side

Having a truck accident lawyer who actually holds a Commercial Driver's License makes a difference in these complex cases. A truck crash lawyer with a CDL will have a deeper understanding of how trucks operate, what safety regulations apply, and how the industry really works. This knowledge helps spot issues that other attorneys might miss and build stronger cases against all liable parties.

The trucking industry has teams of lawyers and experts working to minimize their liability from day one. You need someone who knows their tactics and can match their resources. At Metier Law Firm, we have the experience and expertise to take on the biggest trucking companies, manufacturers, and their insurance companies.

Don't let multiple liable parties escape responsibility for your underride truck crash. Our truck accident lawyers fight to hold every responsible party accountable. Call Metier Law Firm at 866-377-3800 or schedule your free consultation today at www.metierlaw.com.

Disclaimer: Past results discussed should not be considered a guarantee of your results as the factors of every case are individually unique. This content is for informational purposes only and does not constitute legal advice. Consult a qualified attorney from Metier Law Firm regarding your individual situation for legal advice.

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