Several parties could be liable for an underride crash, including the truck driver, trucking company, or auto manufacturers.
Determining liability for an underride crash rests on proving the at-fault party was negligent when they caused the accident and ensuing injuries.
Losses after an underride truck accident can be great, which is why you should work with a North Carolina underride truck accident lawyer. A personal injury attorney can help you establish liability for the accident and fight to recover the compensation you need for healing and recovery.
What Are Underride Crashes?
Underride crashes occur when a passenger vehicle becomes wedged underneath the tractor-trailer of a semi truck. Because semi-trucks have such a high clearance from the road, the hood of passenger vehicles can easily become stuck underneath after a collision.
Passenger vehicles are too large to pass underneath a semi-truck, so accidents direct most of the force at the windshield and vehicle occupants. As such, underride crashes are extremely dangerous and account for a significant share of fatal truck accidents. According to some estimates, underride accidents may account for nearly 50% of truck accidents resulting in fatalities.
Recognizing the danger of underride accidents, the US government has passed federal laws requiring all trucks to have underride guards on the rear, attachments that are sometimes called Mansfield bars. However, commercial trucks are not federally required to have underride guards on their sides.
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Causes of Underride Crashes
Below are some of the most common causes of underride crashes in North Carolina.
Negligent Truck Drivers
Negligent truck drivers are behind a large number of underride accidents:
- Speeding or distracted truckers might shift lanes without noticing vehicles in their blind spots.
- Truck drivers may also stop suddenly, causing vehicles traveling behind to rear-end them.
- Underride accidents may also happen when a truck takes a wide turn and overtakes an adjacent vehicle.
Defective Underride Guards
All commercial trucks over 10,000 pounds have steel bars to guard against under-ride accidents from the rear. However, these guards may be defective or have wear and tear from age.
Defects in the material can cause the guards to break on contact, allowing the car to become wedged underneath.
Poor Maintenance
Underride accidents may also result from inadequate truck maintenance. For example, if a truck has faulty lights or blinkers, drivers may not see the truck under low visibility conditions until it’s too late.
Liability for an Underride Crash Depends on Negligence
Who is liable in an underride crash depends on whether the at-fault party was negligent in their actions or omissions.
Truck Drivers
Truck drivers can bear liability for crashes due to negligent trucking operations. Inattentive or distracted drivers may not notice drivers in their blind spots.
If a truck driver ignores traffic signs or runs traffic lights, a vehicle could become wedged underneath after a T-bone collision.
Trucking Companies
Trucking companies can also bear liability for underride accidents if they neglect fleet maintenance or engage in otherwise unsafe business practices.
For example, if a company neglected to maintain its underride guards and one failed during an accident, the company could be liable due to its negligence.
Truck Part Manufacturers
If an underride accident occurred because of defective truck parts, the manufacturer could be liable for injuries.
A truck accident lawyer can help injury victims file a product liability lawsuit against the maker of the defective parts. Trailer hitches, tires, and brakes are all common truck parts that can cause severe accidents if defective.
Negligent Motorists
Other motorists can also be liable if they helped cause the accident. Actions from negligent motorists like speeding or tailgating can cause trucks and other drivers to lose control, increasing the risk of underride accidents.
If another diver contributed to the crash, you could also file a personal injury lawsuit against them.
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Contributory Negligence in North Carolina and Underride Accidents
Underride accident injury claims are often complicated by North Carolina’s contributory negligence rules. According to contributory negligence, injury victims cannot file a claim for financial compensation if they are partially responsible for their injuries. Even the smallest amount of shared fault will bar someone from pursuing damages.
In the context of an underride accident, it’s likely the insurance companies will try to blame you for the crash. They might say you were following too closely or were distracted and failed to stop your vehicle in time.
An experienced lawyer can push back against these types of accusations and keep blame focused squarely on the at-fault party.
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Contact a Truck Accident Lawyer in North Carolina Today
If you have been injured in an underride accident, it’s only fair that the responsible party covers your losses.
If you have any more questions about who is liable in an underride crash or want to discuss your case with a professional, contact DeMayo Law Offices to learn more about how a North Carolina truck accident lawyer can help.
Call or text (877) 333-1000 or complete a Free Case Evaluation form
