Seeking Justice For The Injured

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Who is at fault in underride accidents?

On Behalf of | Nov 8, 2024 | Commercial Vehicle Accidents |

Despite regulatory requirements for rear impact guards on trailers and semi-trailer trucks, underride accidents continue to occur with alarming frequency. These catastrophic collisions happen when smaller vehicles slide beneath a larger truck, often resulting in severe injuries or even fatalities.

While drivers of smaller vehicles can be at fault, this is not always the case.

Exploring truck driver and company liability

Truck drivers and companies play a crucial role in preventing underride accidents. Abiding by the National Highway Traffic Safety Administration (NHTSA)’s mandate to install rear impact guards or bumpers is just one. These devices are meant to absorb impact and prevent underride crashes.

However, underride guards are not always effective, making it vital for trucking companies to exercise other safety precautions. Regular vehicle maintenance, adequate driver training and extensive screening during hiring are a few ways to reduce the risk of truck accidents. Overlooking these responsibilities may constitute negligence.

Additionally, distracted, fatigued or reckless truck drivers might also bear responsibility. Semi-trucks often have massive blind spots making it all the more crucial to pay attention. A thorough investigation of the incident is essential to determine who is at fault.

The importance of a thorough investigation

Multiple parties can share fault in a commercial truck accident and be liable for compensating victims. However, the victim must be able to prove that the negligence of those parties is what led to their accident. Evidence such as witness statements, driver logs, photos and videos can demonstrate what happened.

Collecting and establishing proof is not the only challenge. Trucking companies typically know their way around personal injury lawsuits, making it more difficult for victims to secure fair compensation.

How an attorney can help

Underride accidents are a stark reminder of the dangers lurking on our roads. If you’ve been involved in an underride accident, there are resources that can help you. After getting medical attention, consider exploring your options for receiving compensation by consulting an experienced legal professional.