Underride Accidents

Legally Reviewed by

Allan Siegel

Ira Sherman:

The operator of a tractor trailer has a special responsibility because that, as a weapon, is way more powerful than an automobile could be if it struck you in the rear or anywhere. It is a comparison between a bullet of an automobile and a bomb of a tractor trailer.

Allan Siegel:

There’s a lot more involved in a truck crash case than there is in a car crash case. And not every law firm knows and understands trucking cases. There are federal rules and federal regulations that govern the trucking industry that they must follow, and a lawyer who’s handling those types of cases needs to know all of those laws, needs to know hours of service, needs to know how they’re supposed to keep their logs. I am on the executive board of the AAJ Trucking Litigation Group. I will eventually be the chair of that group. I’ve worked with that group and been on the board for many years and have been working and have a deep understanding of trucking cases.

Joseph Cammarata:

If it’s a heavy use vehicle, dump truck, a garbage truck, U-Haul, tractor trailer, 18 wheeler, those are trucks. So we’re not just talking about 18 wheelers. Those big rigs that you see on the road.

Stephen Ollar:

It’s not always just the truck that’s at fault. Maybe the truck trucking company itself was negligent in not providing enough supervision for the truck driver. So there’s a lot that goes into it, and it’s something that we pride ourselves in.

 

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Override & Underride Truck Accidents

Personal Injury Attorney in Washington, DC

Some of the most serious truck accidents on the road are the result of override or underride accidents. An override accident occurs when a truck runs over a smaller automobile, motorcycle, or pedestrian. An underride accident is when an automobile slides beneath the truck, often from the rear or trailer end. In either type of accident, the injuries are often serious and catastrophic, if not fatal. During an override accident, the front end of the truck that runs over whatever is in its path.

There are many causes of this type of accident including:

Underride truck accidents occur when a passenger vehicle crashes into and continues beneath a truck. In many cases, the rear or side of the truck trailer crushes or rips the top off the vehicle, which can cause severe injuries. Around 40% of all underride accidents that involve fatalities are due to the vehicle going under the rear corner of the trailer. Accidents like this are typically caused by vehicles tailgating trucks that suddenly stop or when drivers are unable to see truck trailers, a problem that occurs in the evening or early morning.

One of the most infamous underride truck accidents occurred in 1967 when the actress Jayne Mansfield was fatally injured after her vehicle hit the rear of a tractor trailer. It took nearly 30 years for the National Highway Traffic Safety Administration (NHTSA) to issue a law that all new tractor trailers should contain some kind of guard to prevent these types of accidents.

This followed a 1993 rule that all new tractor trailers be equipped with reflective tape along the sides and rear of the trailer. There was no requirement made to retrofit older trucks without guards or reflective tape.

To avoid override and underride accidents, all trucks should, at a minimum, have:

  • Lights, warning signs, or flashing lights when parked on the side of the road
  • Tail lights and reflective tape
  • Brakes inspected regularly
  • Keep their distance from other vehicles around them

As there are numerous federal laws and regulations surrounding the trucking industry, anyone who has been injured in an override or underride accident should work with attorneys who possess the depth of knowledge needed to effectively pinpoint where trucking companies and / or drivers failed to comply with the law.

Having handled countless trucking accident cases, our legal team is well versed in the various federal trucking laws and we are prepared to clearly establish fault and obtain the compensation injured victims require.

Speak with a Washington, DC Personal Injury Attorney Today

If you or a loved one has been involved in a truck override or underride accident, please do not wait to request a free consultation to learn more about the ways in which you may be eligible to recover your damages. Trucking companies go to great lengths to pay victims as little as possible, and by having a proven, highly experienced lawyer by your side, you can greatly reduce your risks of being unfairly compensated.

Trust in a legal team with more than 90 years of combined experience. 
Contact Chaikin, Sherman, Cammarata & Siegel, P.C. today.

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The truck accident lawyers at Chaikin, Sherman, Cammarata & Siegel, P.C. serve the entire Washington, D.C. metro area, including Virginia  (Northern VirginiaArlingtonFairfax,  Woodbridge,  Manassas,  and Alexandria), and Maryland  (Bethesda,  Hyattsville,  Rockville,  Laurel,  Montgomery County,  Prince George’s County,  Waldorf,  Upper Marlboro,  Frederick,  Bowie,  and  Silver Spring).

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