Why Are Truck Underride Accidents So Serious?
Any kind of truck accident can lead to serious injuries and even fatalities. Commercial trucks are massive, heavy vehicles that are much taller than the average passenger vehicle. Perhaps the deadliest type of crash is a truck underride accident. Even important advances in safety features cannot always protect the occupants of smaller vehicles from these devastating wrecks.
Denver truck accident lawyers at Burg Simpson have extensive experience advocating for individuals who were seriously injured and families who have lost loved ones due to the negligence of truck drivers and trucking companies. We understand the unique mechanics in underride crashes, as well as the complex liability issues that may arise.
If you or a member of your family was harmed in a truck underride accident, call Burg Simpson at 303-792-5595 today for a FREE case evaluation. Our trucking accident attorneys serve clients in Denver, Englewood, and communities throughout Colorado.
What Is an Underride Truck Accident?
An underride accident occurs when a smaller vehicle is trapped below the trailer of a semi-truck. The underside of the trailer is often much higher off the ground than the bumper of a standard car, truck, or SUV. In the event of an accident, smaller vehicles may enter the sizable gaps at various points along the trailer.
There are several types of underride accidents involving large trucks:
Rear-End Underride Accidents
In a rear-end underride accident, the driver collides with the back of the trailer and slides underneath. This may be the result of the trailing driver following the 18-wheeler too closely, though such a crash may also occur because the truck came to a sudden stop or the truck’s tail lights were defective or nonfunctional.
Side Underride Accidents
As the name suggests, a side underride collision occurs when the smaller vehicle enters a gap on the side of the trailer. This is often the result of the truck driver’s failure to check blind spots before changing lanes or merging into traffic.
Front Underride Accidents
The least common type of underride crash, front underrides may occur when the semi-truck rear-ends another driver and the vehicle ends up underneath the cab of the truck. A front underride accident may also happen in head-on collisions with a tractor-trailer.
What Makes Truck Underride Accidents So Dangerous?
Modern vehicles have numerous safety features designed to protect occupants in the event of a front, rear, or side-impact collision. These systems are not designed for the unique forces involved in an underride accident.
When a passenger vehicle travels under the trailer, the impact occurs above the reinforced frame and crumple zones. This can cause the roof to collapse and the windows to shatter. Drivers and passengers inside the vehicle are likely to suffer catastrophic injuries or worse, death.
Can Underride Accidents Be Prevented?
The U.S. Department of Transportation requires commercial trucks and trailers to have rear impact guards. Also known as an underride guard or Mansfield bar (for actress Jayne Mansfield, who was killed in an underride collision with a tractor-trailer), this is a metal bar that hangs from the bottom of the trailer. It is designed to absorb the impact from a trailing vehicle and prevent the top from getting sheared off.
Unfortunately, there is no requirement for trucks to have guards on the front and sides. Furthermore, single-unit vehicles are exempt from the rule requiring rear underride guards. This may include box trucks, flatbed trucks, dump trucks, garbage trucks, etc.
Preventing a truck underride accident is the responsibility of motorists and truck drivers alike. This includes:
- Checking blind spots before merging or changing lanes
- Driving at a responsible speed
- Avoiding distractions
- Braking ahead of any hazards and avoiding sudden stops
- Allowing enough distance between vehicles
If you followed all of these rules but a truck driver did not, resulting in a catastrophic accident, you may be entitled to compensation. Burg Simpson can help you take legal action.
Who Is Liable for a Truck Underride Accident?
Liability is a complex issue in all types of truck accident claims. Our Denver underride lawyers can identify all defendants and prepare a strong case on your behalf. The liable parties in your claim may include:
- The truck driver, for speeding, following you too closely, drifting into your lane, etc.
- A commercial trucking company, for negligent maintenance, improper loading, and failure to install rear underride guards in accordance with federal regulations
- Third-party owners of the truck or trailer, if they fail to install a rear underride guard or neglect vehicle maintenance
- Mechanics and maintenance companies, for improper installation of underride guards and failure to service the vehicle’s brakes, tail lights, etc.
- Parts manufacturers; product liability claims may be brought against the makers of defective components, such as an underride guard that doesn’t meet federal standards
- The shipper or loading company, if the truck was overloaded or cargo was not distributed properly and these factors contributed to the crash
Comprehensive investigation is essential for determining responsibility in an underride truck accident. This is especially true in wrongful death claims, as the victim cannot advocate for themselves. We work quickly to secure evidence, determine who was at fault, and fight to hold the defendants accountable.
Common Injuries in Underride Crashes
The injuries from a truck underride accident are often catastrophic due to the force of the collision and the damage to the passenger vehicle. Common types of injuries in these crashes include:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Loss of Limbs
- Crush Injuries
- Internal Bleeding
- Damage to Internal Organs
Fatal injuries are extremely common in underride accidents. Skull fractures, broken necks, and even decapitations may occur if a car ends up underneath a tractor-trailer. Our attorneys can advocate for maximum compensation if a member of your family died due to the negligence of a truck driver and any additional parties.
Damages in an Underride Truck Accident Claim
Given the seriousness of the injuries and high likelihood of fatalities, the victims of underride truck collisions are likely to suffer significant losses. At Burg Simpson, we pursue full compensation for damages such as:
- Current and future medical expenses
- Lost wages and loss of earning capacity
- The cost of therapy, rehabilitation, etc.
- Pain and suffering
- Mental and emotional anguish
- Loss of enjoyment of life
- Wrongful death damages, if your loved one was killed
Recent changes to Colorado law expand the caps on damages, allowing victims to seek additional compensation in claims filed on or after January 1, 2025. This includes a $1.5 million cap on non-economic damages in personal injury matters and a $2.15 million cap on damages in wrongful death claims.
A knowledgeable truck accident injury lawyer will evaluate all of your losses (past, present, and ones you will face in the future). We strive to obtain the outcome you deserve, whether by negotiating a settlement or taking your case to trial.
Gathering Evidence After an Underride Collision
In the vast majority of cases, the victims of an underride truck crash will be unable to collect evidence or exchange information at the scene. Receiving medical attention should be your main priority, though we also recommend speaking to a lawyer as soon as possible.
Burg Simpson can investigate and gather evidence on your behalf. This includes:
- Pictures of damaged vehicles, skid marks, and debris
- Video footage of the accident (if available)
- Eyewitness statements
- Any and all accident reports
- Maintenance records for the truck and trailer
- Data from the truck’s “black box”
Some evidence is held by the trucking company and other third parties, so swift action is imperative. We enlist expert witnesses to help us review the evidence and strengthen your case.
Contact a Denver Truck Underride Accident Attorney Today
Have you been grievously injured or lost someone you love in a collision with a tractor-trailer? Underride accidents are unique and terrible events. Not only can the consequences for the smaller vehicle be devastating, but victims may face significant challenges in making a claim.
Burg Simpson is made up of Good Lawyers. Changing Lives.®. We are passionate about fighting for the rights of those who have been injured or suffered a death in the family due to the negligence of others. Our team is ready to advocate for you and your loved ones if your life has been altered forever by an underride truck accident.
For a FREE and confidential case evaluation, call us at 303-792-5595 today. Our trucking accident attorneys serve clients throughout the Denver area and all of Colorado.