Underside accidents are a specific type of highway accident wherein a smaller car or automobile collides with a larger truck and slides underneath the truck’s trailer. This often happens because of a rear-end type collision, or the result of a side collision.
These types of accidents can be particularly severe and can lead to very severe injuries, as the car can often be crushed or dragged, and the trailer may hit the car at a height that is nearly level with the driver or passengers.
Who Can be Held Liable for an Underside Accident?
In many cases, the driver or operator of a commercial truck can be held liable for an underride accident. They may be held liable for negligence, especially in cases involving:
- Dim, broken, or faulty taillights on the commercial truck (i.e., the driver failed to inspect or repair the lights that make the truck visible from the rear)
- Extremely slow driving in violation of speed limit laws
- Failing to use turn signals or emergency flashers
- Failure to use reflective triangles when a truck has broken down (especially if the truck is obstructing a traffic lane)
- Violation of stop signs or traffic lights (for instance, if the driver runs a red light, leading to a side underride collision)
Liability for the truck driver may increase if other factors are present, such as reckless driving or driving under the influence. Also, in some cases, a trucking company can be held liable for an injury. An example of this is if they fail to provide their hired drivers with the appropriate level of training.
What are the Legal Remedies for an Underside Accident?
As mentioned, underside accidents can be serious, and many cases result in legal action for damages. In such lawsuits, the remedy for the injured party will usually be some form of monetary damages award. The damages may cover costs like hospital and medical expenses, automobile repairs, lost wages from missing work, and other costs. In cases where wrongful death is an issue, additional damages may also be issued.
Do I Need a Lawyer for Assistance with an Underside Accident Lawsuit?
Underride accident lawsuits can be complex and may require the assistance of a lawyer. You may need to hire a personal injury lawyer in your area if you or a loved one of yours needs assistance with a lawsuit. Your attorney can provide you with legal advice and guidance for your case.