An underride accident is one of the more severe types of crashes involving large trucks on California roads. Understanding why this is so allows you to prepare if you find yourself in such an incident.
The forces behind an underride collision
This type of crash happens when a passenger vehicle slides beneath the trailer of an large truck during a accident. Because the trailer bed sits much higher than the hood of a standard car, the front of the smaller vehicle can pass underneath instead of hitting the truck’s frame.
These crashes can occur in many different ways. For example, a rear underride occurs when your vehicle strikes the back of a trailer, while a side underride involves contact with the long side of a truck-trailer combination.
What makes this event so dangerous is how it bypasses your vehicle’s built-in safety features such as the airbags, crumple zones and seatbelts. Instead, the roof and windshield take the full force of the impact.
Federal law requires most standard commercial trailers to have rear impact guards that help prevent cars from sliding beneath them, though certain exemptions exist. The law does not yet mandate side guards, however, leaving a notable gap in how regulators address these incidents.
The liability involved in the accident
Figuring out who is legally at fault depends on the details of the crash. Under state law, you can hold the careless or reckless party responsible for the resulting harm.
The truck driver may be at fault for speeding, driving while fatigued, becoming distracted or violating traffic laws at the time of the collision. The trucking company might also share responsibility by failing to maintain the vehicle, disregarding federal driving-hour limits or allowing an unfit driver to operate the truck.
Responsibility might also extend to third parties. A manufacturer could face a product liability claim when they defectively design or manufacture a trailer’s underride guard. Likewise, a repair shop can bear responsibility when negligent maintenance or repairs contribute to the collision.
The compensation for injured car occupants
If you suffered an injury because of the collision, you may be able to recover the following damages:
- Medical bills, including emergency care, surgeries, therapy and expected future treatment
- Lost income and reduced earning capacity if the injuries affect your ability to work
- Pain and suffering, which covers ongoing physical pain and emotional distress tied to the crash
- Property damage to your vehicle and personal items
California also uses a pure comparative fault system. This means that you can still receive compensation even if you share blame for the crash. However, the court will reduce your award depending on the percentage of the liability assigned to you.
The factors in a legal claim
California generally sets a two-year statute of limitations on personal injury cases against private parties, though claims involving government-owned vehicles require filing an administrative claim within six-months. If you miss either window, you will not be able to seek compensation for your injuries.
Preserving evidence is another important part of your pending case. Data from the truck’s electronic logging device, maintenance logs and dashcam footage can all help prove fault, but carriers are not required to keep these records forever. An attorney can assist you with gathering all these and allow you to identify which parties you can name in the lawsuit.