If your vehicle went under the rear or side of a truck during a crash, you may have a claim against the driver, trucking company, or another responsible party. Underride truck accidents often involve serious injuries and questions about whether the truck had proper safety equipment.
Contact a Chicago truck accident lawyer today.
Call (312) 701-0090.
What Makes an Underride Claim Different?
An underride claim looks at why your vehicle went under the truck and whether proper safety measures could have reduced or prevented the crash. Key issues may include the truck’s lights, reflective tape, braking, lane position, and rear guard.
Federal rules require many trailers and semitrailers to have rear impact guards or similar protection to help prevent vehicles from sliding underneath. These rules also set standards for certain rear guards, including marking and strength requirements.
Common Causes of Underride Truck Accidents
Underride crashes may happen when a truck is difficult to see, stops suddenly, enters traffic unsafely, or has missing or defective safety equipment. Common issues include:
- Missing, damaged, or noncompliant rear underride guards.
- Broken brake lights or taillights.
- Missing or faded reflective tape.
- A truck parked on the shoulder without proper warnings.
- Unsafe lane changes or turns by the truck driver.
- Sudden braking without adequate warning.
- Poor trailer maintenance.
- Low visibility caused by darkness, weather, or road conditions.
Investigating these details can help show whether the crash resulted from driver error, unsafe equipment, poor maintenance, or a combination of factors.
Who May Be Liable for an Underride Truck Accident?
Several parties may be liable in an underride truck accident claim. Those may include:
- The truck driver if unsafe braking, lane changes, turning, or parking contributed to the crash.
- The trucking company if it failed to maintain the truck, inspect the trailer, or enforce safety rules.
- A maintenance provider if poor repairs left lights, guards, brakes, or reflective materials unsafe.
- A trailer owner if the trailer lacked required safety equipment or had known defects.
- A manufacturer if a defective guard, lighting system, or trailer component contributed to the injuries.
- Another driver if their actions forced your vehicle into the truck.
Identifying every responsible party can affect the amount of available insurance coverage and the strategy for pursuing compensation.
Compensation After an Underride Crash
An underride truck accident claim may seek compensation for:
- Medical treatment, surgery, rehabilitation, and all future care.
- Lost income while recovering.
- Reduced earning ability if your injuries prohibit you from returning to the same or similar job position.
- Pain and daily suffering.
- Loss of quality of life from permanent limitations.
- Vehicle and other property damage.
When an underride crash causes fatal injuries, surviving family members may have the right to pursue compensation through a wrongful death claim. That claim may address funeral costs, loss of financial support, loss of companionship, and the impact of the death on the family.
Why You Need Legal Help Quickly
It is critical to hire a Chicago injury lawyer as soon as possible after an underride accident. The truck and trailer can be repaired, moved, sold, or placed back into service before key evidence is documented. An attorney will send preservation demands, notifying the trucking company or insurer to retain key evidence. They also have the resources to arrange expert review of the trailer and whether safety equipment met applicable requirements.
A lawyer can also handle the insurance claim process for you, respond to attempts to blame you for following too closely, calculate damages, negotiate with insurers, and prepare the case for litigation if the responsible parties deny liability.
Start With a Case Review
Call Mark L. Karno & Associates, LLC at (312) 701-0090 or contact our firm online for a free consultation. We can review what happened and what steps should be taken next.