Understanding Underride Accidents and Victim Rights

Rear Underride: The most common type occurs when a vehicle strikes the back of a truck trailer. The smaller vehicle's hood slides under the trailer, with the trailer edge striking at windshield or roof level. This can decapitate occupants or crush the passenger compartment.

Side Underride: These occur when a vehicle strikes the side of a trailer, often at intersections when trucks turn across traffic. The lower trailer edge can sweep across the car's passenger compartment.

Front Underride: Less common but equally deadly, these occur when trucks rear-end smaller vehicles and override them, crushing occupants from above.

All types of underride accidents can result in catastrophic injuries or death, even at relatively low speeds.

Modern vehicles are designed to protect occupants in crashes through crumple zones, airbags, and safety cages. However, these systems rely on the vehicle's structure absorbing impact forces in controlled ways.

In underride accidents, the trailer bypasses all vehicle safety systems. The trailer edge strikes directly at passenger head and torso level. The vehicle's structure cannot protect occupants because impact forces never reach designed crush zones.

Studies show that underride crashes account for over 200 deaths and thousands of serious injuries annually. Many victims who survive face traumatic brain injuries, spinal cord damage, severe lacerations, and permanent disfigurement.

Federal law requires rear underride guards on semi-trailers, but current standards are widely criticized as inadequate. Many guards fail in real-world crashes at speeds exceeding 35 mph.

There is currently NO federal requirement for side underride guards, despite evidence they would prevent many deaths. While some manufacturers voluntarily install them, most trailers remain unprotected on the sides.

The Insurance Institute for Highway Safety has called for stronger rear guard standards and mandatory side guards. Legislation has been proposed but not passed. Meanwhile, trucking industry lobbying has delayed safety improvements that could save lives.

Underride accident victims may have claims against multiple parties:

• Truck driver: For negligent operation, improper stopping, or failure to use reflective markers
• Trucking company: For inadequate maintenance of guards, failure to upgrade safety equipment, or negligent supervision
• Trailer manufacturer: For defective or inadequate underride guards
• Guard manufacturer: For guards that fail to meet their intended purpose

Given the severity of injuries, underride cases often result in multi-million dollar settlements or verdicts. These cases require attorneys experienced with both trucking regulations and product liability law.