Underride accidents occur when a smaller vehicle, typically a car, slides underneath the rear or side of a large truck or trailer. Because the passenger compartment of the car often ends up beneath the truck, underride accidents can result in severe injuries or fatalities.

Determining fault in these accidents can be complex; however, there are specific scenarios where a truck driver or trucking company may be held liable for an underride accident.

Improper Or Negligent Driving Behavior

Truck drivers may be held liable if, at the time of an underride accident, they were:

• Speeding
• Driving erratically
• Following other vehicles too closely

For instance, sudden braking by the truck driver can cause a car following closely behind to collide with the rear of the truck, potentially leading to an underride incident. Likewise, aggressive driving, such as frequent lane changes without adequate signaling, can create situations where other drivers do not have enough time to react, resulting in underride collisions.

Failure To Use Proper Lighting Reflectors

Visibility is crucial in preventing underride accidents, especially at night or in poor weather conditions. Trucks are required to have specific lights and reflective markers that help other drivers see them clearly.

If these lights are not working or the truck driver fails to use them correctly, the vehicle becomes less visible, increasing the risk of an underride accident. A truckdriver or trucking company can be held liable if insufficient lighting or failure to activate lights contributed to the crash.

Insufficient Or Improperly Maintained Safety Guards

Most trucks are legally required to have rear underride guards; these must be properly installed and in good condition to prevent vehicles from sliding underneath in a collision. If a guard is damaged, rusted or otherwise compromised, it may fail to function as intended, which can lead to a deadly underride accident. Trucking companies and drivers who neglect proper maintenance of these guards may be liable in cases where a malfunction contributed to the crash.

For passenger vehicle drivers affected by an underride accident, consulting a trusted legal team can help you to benefit from guidance concerning potential liability and help you to pursue justice for any losses incurred. You don’t have to navigate this challenging situation alone.