Who Is at Fault in a Truck Underride Accident?

Underride accidents are some of the most horrific, often leaving victims with catastrophic injuries. Because trucks are much larger than passenger cars and typically sit several inches off the road, it's easy for other motor vehicles to become wedged under them when a collision occurs.

Although claiming compensation cannot reverse the harm done, it can certainly provide a much-needed financial crutch, allowing the injured party to receive crucial medical care when they need it most.

In the journey to financial compensation, assigning fault is a logical first step. However, crashes involving a large truck can be incredibly complex. In this article, we will provide an overview of the parties that could potentially be held liable in an underride truck accident case.

Understanding the Seriousness of a Truck Underride Collision - The Catastrophic Injuries in Underride New York Truck Accidents

Underride accidents occur when a smaller vehicle goes underneath a truck, either from the front, side, or back, with rear underride collisions being the most common. A commercial truck is much larger and often sits much higher off the ground than other vehicles.

These accidents often lead to serious injuries because the passenger car's airbags typically do not deploy in time, leaving the occupants without crucial protection during impact. 

Head and neck injuries, broken bones, traumatic brain injuries, and even death can occur when front, rear, or side underride accidents occur.

Common Causes of Underride Accidents - Why Underride Crashes Happen

There are a number of reasons why a car might slide underneath a truck. Here are some of the most common reasons why these motor vehicle accidents happen: 

Negligent Driving

Motorists have a duty to ensure that their actions do not cause harm to others on the road. However, if a driver speeds or fails to yield the right of way, it could cause a collision that leads to the smaller vehicle going underneath the larger one. 

Blind Spots

Commercial trucks often have more blind spots than light motor vehicles. This makes it easier for them to miss other cars on the road. When changing lanes or turning, for example, a truck driver could miss a smaller vehicle, leading to a side underride accident.

A Lack of or Poorly Maintained Guards

An underride guard is designed to prevent vehicles from sliding underneath trucks. However, if a truck doesn't have them or they aren't maintained well, they could fail to provide adequate protection and allow the smaller vehicle to move under the truck. 

Who Is at Fault in an Underride Crash? Determining Who Is Responsible for the Accident

There are several parties that can be held liable for a victim's injuries following an underride accident: 

The Truck Driver

Distracted driving, speeding, and driving while under the influence are all examples of negligent behaviors that could lead to an underride accident. All motorists have a duty of care to other motorists and must operate their vehicles in a way that does not cause harm to others. 

When a driver fails to provide that duty of care, they can be held liable if someone is injured as a result.

Trucking Companies

A trucking company can also be at fault in an underride crash. If they overwork a truck driver, causing him or her to have to travel for hours without rest or fail to properly maintain a truck, and an accident occurs, they could be liable for damages.

The Driver of a Passenger Vehicle

Other motorists' actions can also cause an underride collision. If another car swerves out of its lane, causing a vehicle to crash into a truck, they could be assigned blame. 

Vehicle Parts Manufacturers Could Also Be at Fault for a Truck Underride Accident

Defective parts can also cause truck accidents. In such cases, victims can pursue compensation from the manufacturer.

Government Entities

Sometimes, a large truck accident can happen because of poorly maintained roadways. If this is the case, victims can hold the applicable government entity responsible.

Accident Victims May Be Entitled to Compensation - Working with an Underride Accident Lawyer

If negligence was the reason for an underride collision, injured parties can take legal action. By filing a personal injury claim, they can acquire economic and non-economic damages.

While going the legal route might seem daunting, it can be a necessary step to ensure that the necessary medical treatment is administered. It can also prevent a recurrence of dangerous behaviors. 

How to Prevent Underride Accidents: Advice from a Personal Injury Lawyer Who Has Worked on Accident Cases

There are a number of ways that drivers of passenger vehicles can avoid underride accidents. They should:

• Maintain a safe following distance when traveling behind a truck to avoid a rear underride accident,

• Take steps to avoid being sandwiched between two trucks, 

• Ensure that their headlights are on during periods of low visibility, and

• Avoid negligent or aggressive driving behaviors.

The Importance of Contacting an Experienced Truck Accident Lawyer - Reach Out to a Truck Accident Attorney Today!

Unfortunately, determining liability is often a complex and difficult task. Moreover, there may be more than one party at fault, and to obtain the maximum compensation, victims need an experienced personal injury lawyer to help them navigate the complex legal landscape. They can also answer questions like who is at fault in a roundabout accident NY?

Additionally, an underride accident attorney can help to prepare a strong case by conducting a comprehensive investigation into the crash, ensuring a favorable outcome for the injured party.

However, to enjoy these benefits, victims must choose a dependable personal injury attorney to file their accident claim. 

Get in Touch with an Underride Truck Accident Attorney from a Renowned Law Firm in Long Island Today for a Free Consultation!

Underride accidents are serious and can have life-changing consequences. Because assigning fault is often perplexing, truck accident victims need a reliable underride accident lawyer on their side to help them hold the relevant party or parties liable for their negligence. For more information, this truck accident lawyer in Long Island may be able to help.

The Law Office of Carl Maltese offers reliable legal advice and rigorous representation to those who have suffered injuries in a New York truck accident. Those who were involved in an underride crash can contact us today to schedule a FREE consultation. 

Frequently Asked Questions for Underride Truck Accident Lawyers

1. Why does an underride crash leave victims with serious injuries?

When a vehicle slides underneath a truck at high speed, it is not uncommon for the roof to come off. This exposes passengers, particularly their heads, to the underside of the vehicle. Severe head, neck, and spinal injuries can all occur as a result.

2. Can victims file a claim for a truck accident if they were partly to blame? 

Yes. New York follows a pure comparative negligence rule, which states that injured parties may file a claim for damages, even if they are partly to blame. However, it is best to speak to our experienced team of underride truck accident lawyers for case-specific advice.

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