Baton Rouge Underride Truck Accident Attorney

What is An Underride Truck Accident?

An underride truck accident occurs when a smaller vehicle, such as a car, slides under the rear or side of a larger truck or trailer, often resulting in severe or fatal injuries to the occupants of the smaller vehicle. 

These accidents typically happen because the smaller vehicle's front end can fit under the truck's higher chassis, leading to the car's roof being crushed or sheared off upon impact.

Underride accidents are particularly dangerous because the standard safety features of passenger vehicles, such as airbags and crumple zones, are rendered ineffective in such collisions. 

These types of accidents often result from various factors, including:

• Poor visibility
• Sudden stops 
• Inadequate lighting or reflectors on the truck
• Lack of underride guards, which are barriers installed on trucks to prevent such occurrences
• Regulations and safety measures, such as the requirement of underride guards on trucks, have been implemented to reduce the frequency and severity of these accidents

However, enforcement and compliance vary, and advocacy for stronger safety standards continues.

Types of Underride Accidents

Underride accidents can be categorized into several types based on the part of the truck involved in the collision. The primary types of underride accidents are:

• Rear Underride Accidents: These occur when a smaller vehicle crashes into the back of a truck or trailer, sliding underneath the rear end. This type of accident often happens when a truck suddenly stops or slows down, and the following vehicle cannot brake in time.
• Side Underride Accidents: These accidents happen when a smaller vehicle crashes into the side of a truck or trailer, typically during lane changes, intersections, or in low-visibility conditions. Side underride accidents can be particularly devastating as the vehicle may slide under the trailer, and the side impact safety features of the car are compromised.
• Front Underride Accidents: Although less common, these accidents occur when a truck backs into a smaller vehicle or when a smaller vehicle slides under the front of a truck. Front underride accidents can happen in scenarios like parking lots or at intersections where a truck might be reversing.

Each type of underride accident presents unique dangers and challenges for both vehicle occupants and first responders. Efforts to mitigate these risks include the implementation of underride guards, improved truck visibility through better lighting and reflective materials, and heightened awareness and training for both truck drivers and drivers of smaller vehicles.

Why Are Underride Accidents So Dangerous?

Underride accidents are particularly dangerous due to several factors:

• Ineffectiveness of Vehicle Safety Features: In a standard collision, features like airbags, seatbelts, and crumple zones are designed to protect occupants by absorbing impact forces and preventing serious injury. In an underride accident, the smaller vehicle slides under the truck, bypassing these safety features and resulting in the roof of the car being crushed or sheared off. This leaves the occupants directly exposed to the full force of the impact.
• Severe Head and Neck Injuries: Due to the nature of underride accidents, occupants of the smaller vehicle are at a high risk of sustaining catastrophic head and neck injuries. The intrusion into the passenger compartment can cause traumatic brain injuries, spinal cord injuries, and decapitation.
• High Fatality Rates: The severity of injuries in underride accidents often leads to a high fatality rate. The lack of protection and the direct impact on the occupants' upper bodies make survival less likely compared to other types of collisions.
• Delayed Emergency Response: The complexity of underride accidents can make it more challenging for emergency responders to quickly extricate victims from the wreckage. The vehicle's structure may be compromised, requiring specialized equipment and techniques to safely remove the occupants, which can delay medical treatment.
• Lack of Adequate Safety Measures: Despite regulations requiring underride guards on trucks, enforcement and compliance can vary. Additionally, the effectiveness of these guards can differ, and not all trucks are equipped with side underride guards, increasing the risk of side underride accidents.
• Visibility Issues: Underride accidents often occur in conditions of poor visibility, such as at night, in fog, or during heavy rain. Trucks may not be adequately lit or marked with reflective materials, making it difficult for drivers of smaller vehicles to see and react in time to avoid a collision.

The combination of these factors makes underride accidents uniquely hazardous, highlighting the need for improved safety standards, better vehicle designs, and increased awareness among drivers.

Common Causes of Underride Accidents

Underride accidents can result from a variety of factors, often involving both driver error and situational conditions. Some of the most common causes include:

• Sudden Stops: When a truck stops abruptly and the following vehicle is unable to brake in time, it can crash into the rear of the truck, leading to a rear underride accident.
• Inadequate Visibility: Poor visibility conditions, such as fog, heavy rain, snow, or nighttime driving, can make it difficult for drivers to see the truck ahead. Insufficient lighting or lack of reflective materials on the truck exacerbates this problem.
• Driver Fatigue: Both truck drivers and drivers of smaller vehicles can suffer from fatigue, which impairs reaction time and decision-making abilities, increasing the likelihood of an accident.
• Distracted Driving: Distractions, such as using a mobile phone, eating, or adjusting the radio, can lead to a lack of attention to the road and an increased risk of collision with a truck.
• Speeding: Driving at high speeds reduces the time available to react to a truck ahead, making it more likely for a smaller vehicle to collide with the truck and slide underneath.
• Following Too Closely: Tailgating, or following a truck too closely, significantly reduces the time and space available to react to sudden stops or changes in the truck’s speed, leading to rear underride accidents.
• Improper Lane Changes: Inadequate signaling or abrupt lane changes by either the truck or the smaller vehicle can result in side underride accidents, especially if the truck driver is unaware of the smaller vehicle’s presence.
• Lack of Underride Guards: Trucks without rear or side underride guards, or with guards that are not properly maintained or installed, increase the risk and severity of underride accidents.
• Blind Spots: Trucks have large blind spots, particularly on the sides and rear. Smaller vehicles driving in these blind spots may not be seen by the truck driver, leading to collisions during lane changes or turns.
• Mechanical Failures: Brake failures, tire blowouts, or other mechanical issues with either the truck or the smaller vehicle can result in loss of control and subsequent underride accidents.

How An Attorney Can Help You

An attorney from Chris Corzo Injury Attorneys can provide crucial assistance following an underride accident by guiding you through the complex legal and insurance processes, ensuring you receive the compensation you deserve. 

Here’s how an attorney can help:

• Investigating the Accident: An experienced attorney will conduct a thorough investigation to determine the cause of the accident. This includes gathering evidence such as police reports, witness statements, accident scene photographs, and expert testimonies. The attorney may also work with accident reconstruction specialists to establish liability.
• Identifying All Liable Parties: In an underride accident, multiple parties may be liable, including the truck driver, trucking company, truck manufacturer, or maintenance provider. An attorney can identify all responsible parties and build a strong case against them.
• Navigating Insurance Claims: Dealing with insurance companies can be challenging. An attorney will handle communications with the insurance companies, negotiate settlements, and ensure that your rights are protected. They will work to secure compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses.
• Filing a Lawsuit: If a fair settlement cannot be reached through negotiations, your attorney can file a lawsuit on your behalf. They will represent you in court, presenting evidence and arguments to prove liability and the extent of your damages.
• Understanding Trucking Regulations: Trucking accidents are subject to federal and state regulations. An attorney specializing in truck accidents will have a deep understanding of these regulations and can determine if any violations contributed to the accident. This knowledge is crucial in building a strong case.
• Calculating Damages: An attorney will accurately calculate the full extent of your damages, including future medical costs, long-term care, loss of earning capacity, and non-economic damages like pain and suffering. This ensures that you seek appropriate compensation for all your losses.
• Contingency Fee Arrangement: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. This arrangement allows you to pursue justice without worrying about upfront legal fees.

By leveraging their expertise and resources, an attorney from our firm can help you navigate the legal complexities, hold the responsible parties accountable, and secure the compensation you need to recover from an underride accident.

Contact our firm today to schedule an initial consultation.