Trucking accidents are generally dangerous, and truck underride accidents are among the most common and severe incidents on our roads, posing significant risks to passenger vehicle drivers. Understanding and addressing the gravity of these accidents and enhancing road safety is crucial. Explore the intricacies of truck underride accidents, including common causes, types, legalities and regulations, and the preventive measures designed to keep drivers safe.
Defining Underride Accidents
Underride accidents occur when a smaller vehicle collides with the underside of a large truck. These accidents are classified into different types, including side, rear, and offset underride incidents. Each of these can lead to serious, often fatal, injuries for the other drivers and passengers.
- Rear-End Underride Accidents: Rear-end collisions are the most common cause of underride accidents. Cars following closely or not having enough time to stop may wedge underneath the back of the trailer if a trucker suddenly slams on his brakes. These can also happen when trailers are parked on the roadside or moving slowly when entering or exiting the roadway. Unfortunately, many drivers and front-seat passengers suffer fatal injuries in these accidents, even decapitation.
- Side Impact Collisions: Every year, hundreds of people are killed in collisions with the side of trailers. These parts of the truck are often exposed, putting other vehicles at risk if a truck merges into their path or slowly crosses through a dangerous intersection.
- Offset Underride Accidents: Offset accidents occur when a car hits the back of a trailer on one of the corners rather than head-on. The force of impact causes the hard metal corner to enter the driver’s or passenger’s compartment, leading to severe injuries or fatalities.
Despite the severity, the truck driver is not always at fault for these accidents. However, part of the responsibility of prevention falls on the trucking industry in the form of strong underride guards.
What is Underride vs. Override?
Underride accidents are not the only risks drivers have around large trucks. There is also the risk of an override accident. Truck override accidents occur when trucks drive over passenger vehicles, most often occurring when a truck rear-ends a vehicle, causing the smaller car to crash into those in front of them and surrounding traffic or be crushed beneath the truck that rear-ended them.
While underride and override accidents can be fatal, some key differences set them apart.
- Drivers can prevent an underride accident by always being alert, following the rules of the road, not following too closely, and avoiding distractions. Avoiding an override accident is ultimately up to the driving behaviors of the truck driver.
- A truck driver or trucking company is more likely to be found liable in an override accident as opposed to an underride accident, which would fall more on the passenger vehicle driver. Of course, liability will ultimately be determined after a thorough accident investigation.
How Many Underride Accidents Are There a Year?
According to 2021 NHTSA figures, over 400 people died due to underride crashes. However, this number is estimated to be lower than the actual amount as records indicate the agency often deferred to trucking industry wishes. Lobbyists often complained that the simple safety measures that trucking companies should utilize were prohibitively expensive and would damage the American economy, meaning the potential safeguards are available, but some companies consciously decide to cut corners and compromise safety in the name of money.
Common Causes of Truck Underride Accidents
Underride accidents can occur due to a number of reasons. Understanding these causes can help prevent them from occurring or ensure you avoid certain actions that can lead to one. The most common reasons underride accidents happen include:
- Lack of underride guards: Trucks are required to be equipped with underride guards built with two vertical steel bars that extend down from the truck’s frame and a horizontal crossbar roughly two feet from the ground. Despite these requirements, not every trailer has a rear guard installed, and those that do aren’t always strong enough to withstand the force of a collision. Additionally, federal regulations do not require underride guards along the sides of trailers.
- Improper guards: Some trucking companies may install guards that are the incorrect size or do not meet strength and impact regulations. Guards may also be inadvertently placed too high, making them useless at protecting vehicles in a crash.
- Defective tape and lights: Visibility is important, and reflective tape, taillights, and running lights all help provide improved visibility for other drivers on the road. Reflective tape must be spaced evenly alongside at least 50 percent of the trailer’s length. The truck driver is responsible for ensuring the tape is not dirty, peeling, or worn, and taillights and running lights are clean and operational before any over-the-road haul.
- Outdated guards: Many lawmakers have proposed legislation to strengthen existing guards and make side guards mandatory on commercial trailers, as well as strengthen the corners of rear guards and ensure proper underride guard installation. Unfortunately, the trucking industry often opposes such regulation as it will lead to increased costs for their companies.
- Truck driver errors: Although truck drivers may not necessarily be to blame for defective underride guards, they could be held liable if their actions led to or caused the crash. Truck drivers should use road flares or reflective triangles when parked on the shoulder, utilize emergency flashers when driving slowly, entering, or exiting the roadway, be aware of and frequently monitor blind spots, and should always follow the rules of the road to avoid causing any kind of trucking accident.
What Are Truck Underride Guards?
Underride guards are a relevant tool companies can use to ensure highway safety and help prevent another fatal truck accident from occurring. There are two types of underride guards available for large trucks:
- Side Guards: Side guards are designed to protect passenger vehicles from going beneath trucks if they crash into the side. In tests conducted by the Insurance Institute for Highway Safety (IIHS), simulated crashes at 35 mph found that trucks utilizing an AngelWing side guard were effective at preventing a vehicle from going beneath the trailer, allowing airbags to deploy and the safety belt to properly restrain the driver. Tests without side guards allowed the car to continue beneath, shearing off at least part of the roof and wedging the vehicle underneath. A crash such as this would often result in fatality.
- Rear Guards: Rear guards are installed at the back of a trailer to prevent passenger vehicles from going beneath the trailer if they are involved in a rear-end accident. For trucks to receive a TOUGHGUARD award from the IIHS, the rear underride guard must prevent an underside accident in full-width, 50 percent overlap, and 30 percent overlap crash test scenarios with vehicles traveling at 35 mph.
The Trucking Industry and Underride Guards
Despite the trucking industry’s awareness of the dangers of underride accidents, there’s still resistance from large companies to install the necessary safety measures. The trade group that represents the major commercial haulers in the U.S., the American Trucking Associations (ATA), opposed safety regulations to improve underride guards for decades.
While trucking companies now spend billions annually to improve safety and the ATA has come to support government rules, groups continue to fight efforts requiring semi-trailers to be equipped with side guards. They argue there is insufficient research and evidence to support a government mandate that would end up imposing large costs on businesses that often operate with thin profit margins. Unfortunately, this lack of regulation has resulted in thousands of deaths across the country.
Legal Rights of Truck Accident Victims
Underride accidents can come with some legal challenges for drivers. If the cause was a rear-end accident, it’s usually assumed that the driver of the rear vehicle is at fault, even if the front vehicle is a large truck.
A truck driver could be found negligent if they failed to pay attention and slam on their brakes at the last minute or failed to check their blind spot before merging or changing lanes. Truck drivers who park on the shoulder and do not use road flares or reflective triangles appropriately, or those who have parked illegally and protruded into the roadway, could also be liable for a collision.
In some cases, another vehicle entirely could be held responsible for the underride crash. For example, if another vehicle’s actions cause a truck to slam on its brakes or swerve to avoid a collision and create a chain reaction, that driver could be found negligible.
The trucking company or manufacturer also plays a role in causing an underride accident. Companies that install incorrectly sized underride guards, or those that don’t meet the strength or impact requirements could be liable. Additionally, poorly manufactured guards, defective or poorly maintained taillights, running lights, and reflective tape could have the trucking company taking the blame for the accident.
Because of the potential legal challenges, it’s essential to consult with an experienced attorney to determine who should be held responsible.
Preventing and Avoiding Underride Accidents
Preventing underride accidents requires both truck drivers and the drivers of passenger vehicles to take action. Over half of truck accidents resulting in fatalities are attributed to the passenger vehicle driver. These can be prevented by taking care to avoid blind spots and practicing safe driving, including leaving plenty of space when following a tractor-trailer, avoiding cutting off a truck when passing, and not passing trucks on the right on city and town streets in the event they are making a wide right turn.
Truck drivers must take responsibility for their truck’s condition, ensuring the trailer is highly visible. Trucking companies should ensure their trucks are equipped with strong, correctly sized underride guards on both rear and sides. While driving, they should always follow the rules of the road, checking blind spots, clearly indicating intended actions, and avoiding distractions.
Take Action After a Truck Underride Accident with Simon Law
It is imperative for the trucking industry to prioritize safety and to foster collaboration between regulators, manufacturers, and victims. If you or someone you know has been a victim of a truck underride accident, seek legal counsel from an experienced personal injury and trucking accident law firm like Simon Law.
Contact Simon Law for assistance in pursuing the compensation you are entitled to. Your safety matters, and taking the right steps after an accident is crucial for justice and compensation.
