Truck underride accidents are one of the deadliest types of truck accidents to occur on Kentucky highways. A truck underride crash occurs when a car slides under the side or back of a tractor-trailer, semi-truck, or tanker truck. The car’s passenger compartment can be crushed in an underride accident, potentially killing or severely injuring occupants.
The U.S. Department of Transportation (DOT) requires truck trailers to have a rear safety bar — known as an underride guard — to prevent underride crashes. Strong underride guards can be lifesavers. Unfortunately, trucks are not required to have side underride guards. Many fatal underride accidents involve side-impact collisions.
If you or a loved one has been injured in a large truck underride collision in Kentucky, the truck accident attorneys of Morgan, Collins, Yeast & Salyer can help you to fight for the full compensation available by law. It takes courage to take on a trucking company and its insurers. Morgan, Collins, Yeast & Salyer can provide you with the Kentucky Courage needed to stand up for your rights and hold a trucking company accountable.
Contact us at (877) 809-6889 or online to set up a free initial consultation about your claim.
What Is an Underride Accident?
An underride crash can occur during a collision between a passenger vehicle and a large truck — a tractor-trailer or a single-unit truck, such as a delivery or dump truck. Underride accidents are caused by the height difference between large trucks and passenger cars.
Passenger vehicles are designed so the vehicles’ front ends crumple in a crash and absorb the main force of impact. At the same time, sensors detect the impact and activate safety features within the passenger compartment, such as airbags and seatbelt pre-tensioners.
But the point of impact in an underride crash can be the windshield of the passenger vehicle. The passenger compartment may be crushed by the impact. In high-speed collisions, the upper passenger compartment may partially sheer off.
Underride guards — metal bars that hang from trailers — help prevent a passenger vehicle from sliding under a truck trailer in a crash. The Federal Motor Carrier Safety Administration (FMCSA) requires rear guards on most large trucks.
Three Deadly Types of Truck Underride Collisions
Federal statistics reported by the Government Accountability Office (GAO) in 2019 say most underride crash fatalities occur when the crash impact is at the rear or sides of a large truck and often involve vehicles traveling at speeds exceeding 55 miles per hour.
Over 10 years studied, about 45 percent of fatalities in underride crashes in which the point of impact on the large truck is known occurred with the initial impact at the rear of the trailer.
About 32 percent of reported underride crash fatalities were in crashes where the point of initial impact was the side of the trailer.
Approximately 21 percent of reported underride crash fatalities were in collisions with the initial impact at the front of the tractor. These may be crashes in which the truck hit the rear of a passenger vehicle or a head-on collision between a car and the truck.
The GAO believes underride accidents and fatalities are more common than reported because of inconsistencies in crash reporting methods.
How Underride Accidents Happen
A proper underride guard consists of two vertical steel bars extending down from the truck’s frame and a horizontal crossbar about two feet from the ground.
Though the FMCSA requires commercial trucks operating in interstate commerce to be inspected to ensure they are safe, the rules do not require inspections of the rear underride guard. While most trucks have rear underride guards, they can be damaged during normal use, such as by backing into loading docks.
Underride accidents may be caused by:
- Improper guards. Some underride guards have been found to be the incorrect size for the vehicle they are on or lacking the required strength to prevent an underride. Sometimes guards are installed much higher than intended, making them unable to stop a car in a crash.
- Outdated guards. Federal regulators have sought to strengthen underride guards over the years, but no additional regulations have been adopted. Over the 10- to 15-year life of a trailer, trucking companies may resist incurring the added cost of installing stronger rear underride guards or installing nonrequired side guards.
- Decreased visibility. Trucks must adhere to regulations for reflective tape, taillights, and running lights, which improve visibility. Reflective tape is to be evenly spaced along at least half of the length of the trailer. Drivers are responsible for inspecting their vehicles before each driving shift, including ensuring that taillights and running lights are operational and reflective tape is not dirty, peeling, or worn.
- Lack of conspicuity. When a commercial truck is parked on a roadway, the trucker should place road flares or reflective triangles at specific distances behind the trailer to warn of the stopped vehicle ahead.
- Truck driver error. Truckers making wide left turns or stopping suddenly are at risk of underride accidents if they are moving too slowly for oncoming vehicles. The failure to properly look for traffic or turning or changing lanes where visibility is limited all represent careless driving decisions.
Common Underride Accident Injuries
Passenger compartment intrusion by a large truck can kill occupants of the smaller vehicle or leave them with severe head and neck injuries. Learn more about fatal truck accident cases here.
Other injuries common in underride accidents include:
- Broken bones
- Spinal cord damage
- Internal organ injuries
- Strains and sprains
- Lacerations and burns from contact with shorn metal and broken glass.
Who Is Legally Responsible For an Underride Truck Accident?
After a truck accident, police typically respond to ensure the injured receive treatment and to make an initial assessment of responsibility for the accident. Whether Kentucky State Police or a local law enforcement agency responds to a crash, officers will file a report and may issue a ticket or make an arrest.
When engaged to represent a truck accident victim, our attorneys investigate to determine who was at fault for the crash. A trucking company or truck driver may be compelled to compensate the injured for their injuries and losses, including for medical bills, lost income, pain and suffering, and more.
We use many resources to investigate tractor-trailer accidents, including police accident reports, accident reconstructions, trucking company maintenance records, and data from the truck’s “black box” recorder. We also move quickly to gain access to the crashed truck. The evidence we find may tell us whether the driver or trucking company was at fault for the accident and whether the truck was unsafe.
After a crash involving a commercial truck, there may be multiple parties legally liable:
The trucker
Federal regulations require a driver to inspect their truck at the start of every drive to ensure it is fit to be on the road. This includes ensuring that underride guards, lights, and reflective tape are in place and working as intended. Truck drivers are also responsible for adhering to all traffic laws and safely operating their vehicles.
Trucking companies
Companies that put commercial trucks on the road are responsible for ensuring their vehicle and the drivers they employ comply with equipment and traffic regulations.
Truck maintenance companies
Some investigations show that the crashed truck had recently been taken in for an inspection and/or repair but the work wasn’t performed, or signs of imminent failure of an underride guard were ignored. When that is the case, a third-party repair shop may be held liable for an accident as well.
Truck manufacturers
If a design defect in an underride bar or its installation led to injuries in an underride accident, the manufacturer of the guard may be held financially liable.
Multiple defendants
It is not unusual for a truck accident investigation to point to multiple potential defendants and insurance policies. A trucking company is ultimately responsible for its vehicle and its drivers, regardless of the cause of a crash. Usually, it is the trucking company that holds insurance coverage on the truck and its driver. However, an independent truck driver may have separate liability insurance, and the truck and trailer may be owned by yet another company likely to have insurance on its property.
Learn more about who may be liable in a truck accident.
Contact a Kentucky Truck Accident Lawyer
If you have been injured or lost a loved one in an underride accident, the truck accident attorneys of Morgan, Collins, Yeast & Salyer can promptly investigate the cause of the collision. Kentucky has a one-year statute of limitations on wrongful death claims. It is best to speak with a compassionate attorney for guidance as soon as possible if you are dealing with such a loss. We can take steps to preserve evidence before it disappears, make sure you understand your options and legal rights for seeking compensation, and proceed according to what is proper for you.
We have extensive experience with federal and state laws regulating truck drivers, trucking companies, and the trucking industry. We will counsel you during your time of need as we fight for your rights to full compensation for your losses. Please contact us now at (877) 809-6889 or online to set up a free legal consultation. Let us help you demand justice for yourself and/or your loved one.
