All truck accidents are dangerous. The cargo often shifts during transport. Trucks roll over. They jackknife. One of the most dangerous types of truck accidents is an underride accident. Some commercial trucks are high enough off the ground for a vehicle to fit underneath instead of being blocked by the side or rear of the vehicle. If a car is pushed underneath a truck, the people in the car will be lucky to survive. Often, the car and its occupants will be crushed.
Truck manufacturers know about this danger. In fact, there are federal regulations and industry standards that require truck manufacturers have rear guards that meet specific requirements. Commercial truck owners are also required to comply with these standards and to make repairs to the rear guards when necessary.
Small vehicles and even mid-size vehicles can be involved in two main types of underride accidents:
Victims of truck underride accidents often suffer catastrophic injuries, when they are lucky enough to survive the crash. Some of these lifechanging injuries include:
Victims of Southeast Washington truck underride accidents usually require surgery, visits with specialists, and long-term rehabilitative care. Many victims also need to consult with psychologists due to their emotional trauma.
If a loved one dies in an underride crash, we file a wrongful death claim on behalf of the family members.
Yes. The National Highway Traffic Safety Administration (NHTSA) states that there are two Federal Motor Vehicle Safety Standards regulations that “require underride guards meeting a strength test on trailers with a GVWR of 10,000 pounds or greater manufactured on or after January 24, 1998.”
According to the National Academies of Science, Engineering, and Medicine, “FMVSS No. 224 defines the size requirements for the guards, while FMVSS No. 223 describes strength testing and energy absorption requirements for Department of Transportation (DOT)-compliant guards.”
The NTHSA defines the energy absorption and strength test requirements at specific positions (P1, P2, and P3) on the rear of the truck as follows:
The new federal infrastructure law has new underride protection requirements. According to Freight Waves:
Guards may not work properly during an accident because they are missing, installed improperly, or suffer damage due to wear and tear. The guards must be positioned correctly so a car or motorcycle can’t slide underneath the truck. Manufacturers and truck owners may both be responsible if the truck guards fail to work.
There is no law requiring side guards, though many people risk fatal injury if they collide with a rig, 18-wheeler, box truck, flatbed, or any other large commercial truck. Trucks should have side guards even though there is no current federal requirement, because the risk of death, traumatic brain injuries, spinal cord injuries, paralysis, traumatic amputation, burns, and broken bones is just too great.
Some of the factors that contribute to rear or side underride accidents include:
Truck drivers, truck owners, and truck manufacturers may be liable for accidents if:
Trucks of all shapes and sizes travel on Tri-Cities interstates, highways, streets, and roads. When truck manufacturers fail to install proper safety equipment including guards, they should be held accountable. When truck owners and truck drivers fail to inspect their trucks for proper placement and installation of guards, they deserve to be held accountable. At Telaré Law, our truck accident attorneys demand compensation for all your economic damages and pain and suffering – from all liable defendants.
Victims and families can schedule an appointment by calling us at 509-737-8500 or filling out our contact form. We have offices in Kennewick and Richland, and serve the Tri-Cities and all of Southeast Washington.