When a car is forced underneath a massive commercial truck, the outcome is almost always catastrophic. In an instant, lives are upended, leaving victims and families searching for justice. Underride accidents often result from negligence. Poor driver training, inadequate maintenance, or the failure to install safety bars called “underride guards” can all lead to avoidable tragedy. Victims of these accidents may recover compensation for medical expenses, pain and suffering, lost wages, and other damages, or for the wrongful death of a loved one. Speak with an experienced Bakersfield truck accident lawyer for legal guidance if you were involved in an accident.
Federal safety regulations have attempted to reduce underride accidents by imposing strict rules and improved underride guard requirements. As of 2022, the Department of Transportation mandates the installation of rear underride guards, and the National Highway Traffic Safety Administration (NHTSA) specified that these guards must be strong enough to protect the occupants of passenger vehicles. Despite these rules, many trucking companies continue to skirt safety standards, failing to inspect equipment, properly train drivers, or repair damaged guards.
When a trucking company’s negligence causes an underride accident, those responsible must be held accountable. At Rodriguez & Associates, our underride accident attorneys have the experience and determination to take on large trucking companies and fight for justice on behalf of injured victims and their families.
What is an Underride Accident?
An underride accident occurs when a smaller vehicle becomes wedged or crushed beneath the rear or side of a large truck’s trailer. The height and structure of the trailer mean the smaller car’s hood and windshield typically absorb the impact, often bypassing critical safety systems like airbags. This violent impact can result in devastating injuries or death. If you’re a small car involved in an accident, speak with an experienced car accident lawyer in Bakersfield today.
What Causes an Underride Accident?
Truck drivers holding a Class A Commercial Drivers License are held to the highest standard of care, which requires them to operate their vehicles in a way that prevents injury to others and damage to property. A single careless decision while operating a 40-ton truck can trigger a life-altering underride accident. Common causes include:
- Illegal turns: If a driver makes an illegal turn, surprising other drivers, the resulting collision may cause an underride.
- Sudden or unsafe stops: When a truck stops abruptly or parks on the roadway, approaching drivers may have no time or space to react, leading to a deadly collision.
- Missing or insufficient underride guards: Trucking companies are required to install strong underride guards designed to prevent smaller vehicles from being forced underneath trailers. When guards are weak, damaged, or missing, the results can be catastrophic.
- Neglected maintenance: Regular maintenance is critical to keep underride guards functional. When companies ignore worn or corroded guards, they endanger every motorist on the road.
Common Injuries Resulting from Underrides
In a 2019 report, the Government Accountability Office found that injuries from underride accidents are far more severe due to the extreme size and weight differences between vehicles. Common injuries include:
- Traumatic Brain Injuries: Sudden impact or penetration to the skull can cause permanent brain damage, cognitive impairment, or death.
- Spinal cord injuries: These injuries can lead to altered sensation, chronic pain, or paralysis.
- Amputation: Crushing forces may cause such extensive limb damage that surgical amputation becomes necessary.
- Burn injuries: Fuel leaks or sparks can ignite fires, leaving victims trapped in burning vehicles.
- Wrongful Death: When negligence results in fatal injuries, surviving family members may pursue a wrongful death claim to obtain justice and financial recovery.
Due to the destructive nature of the mechanics involved, occupants of smaller vehicles are almost always the ones who suffer the most severe injuries. In some cases, the truck driver may not even be aware of the collision, dragging the smaller vehicle and worsening the destruction.
If you have suffered a catastrophic injury or lost a loved one in an underride accident, speak with an experienced California truck accident attorney who can guide you through every step of the legal process and help you pursue justice.
Who Can Be Held Liable for an Underride Accident?
Determining who is responsible for an underride accident requires an in-depth investigation. Your legal team must have the skills and resources to evaluate every possible source of negligence, including the truck driver, the trucking company, maintenance providers, and parts manufacturers, among other potential negligent parties.
Under California law, multiple parties can share fault when their combined negligence contributes to a crash. Commonly liable parties include:
- The truck driver: Reckless driving, speeding, or sudden stopping can make the driver responsible for the collision.
- The trucking company: Companies that fail to follow safety regulations, maintain their vehicles, or properly train drivers can be held liable for resulting injuries or deaths.
- The manufacturer or installer: If a defective underride guard or component contributes to an accident, the manufacturer or installer may share responsibility.
Proving liability in these complex cases demands in-depth knowledge of federal trucking regulations and an understanding of the mechanical operations of large trucks. Firm Founder and President Daniel Rodriguez has decades of trial experience and a background in electrical engineering, giving him a unique ability to analyze complex crash data and technical failures in truck accident cases.
Types of Damages You Can Pursue
In California, underride accident victims have the right to pursue three types of compensation:
- Economic damages: These include measurable losses such as medical bills, rehabilitation costs, property damage, lost wages, and lost earning capacity.
- Non-economic damages: These include emotional and psychological losses, such as pain and suffering, emotional distress, and loss of companionship. Quantifying these damages requires a skilled attorney who understands both the physical and emotional impact of severe injury.
- Punitive damages: When a trucking company’s conduct is found to be especially reckless or indifferent to safety, punitive damages may be awarded to punish wrongdoing and discourage similar conduct in the future.
Even with a clear-cut case, recovering fair compensation is rarely a simple process. Large trucking companies and their insurers often fight aggressively to minimize payouts. Working with a law firm that has the resources, drive, and courtroom experience to stand up to corporate defendants and protect your rights will maximize your case outcome.
How Rodriguez & Associates Can Help
If you or a loved one has suffered severe injuries or lost someone in an underride accident, Rodriguez & Associates is ready to help you pursue justice.
In 2024, our firm obtained a record-breaking $35 million verdict for a young woman who was catastrophically injured in an underride crash caused by a negligent truck driver. This became the largest motor vehicle accident verdict in Iowa history and one of several record verdicts our attorneys have achieved for clients across the country.
With decades of combined experience, access to leading experts, and a deep understanding of trucking safety regulations, our team never backs down from powerful trucking corporations. We fight tirelessly to hold negligent parties accountable and help families recover the compensation they need to move forward.
Rodriguez & Associates is located in downtown Bakersfield, California. We offer free consultations, including weekend or evening appointments, in English or Spanish. To schedule a consultation with a truck accident attorney, contact us online or call (661)777-7575 or (800)585-9262 Toll-Free.