Underride truck accidents are among the most violent and deadly type of truck accident in Texas. If you or a loved one has been injured in an accident caused by inadequate or missing underride protection, you may deserve compensation for the many losses you have suffered.
The attorneys at D. Miller & Associates have significant experienced handling truck accident claims for people throughout Texas. We are here to investigate the cause of your accident, identify all liable parties, and help you pursue the maximum amount of compensation available under the law.
What Is an Underride Accident?
An underride accident occurs when a passenger vehicle slides underneath the rear or side of a semi-truck trailer during a collision. Modern trucks should be outfitted with adequate underride protection, but these safety systems can fail, be improperly installed, or be entirely absent in some cases.
When such protection is missing or improperly outfitted, people in passenger vehicles can suffer catastrophic or fatal injuries, particularly to the head and upper body.
A Federal Safety Rule Born in Tragedy
The need for underride protection became tragically apparent with the death of actress Jane Mansfield in 1967. Late one night, the vehicle she was in rearended a semi-truck that had unexpectedly slowed down on a dark Louisiana highway. All three adults in the front seat were instantly killed as the top of the car was sheared off and the rest of the car slid underneath the trailer. Notably, three children in the backseat only suffered minor injuries.
After this accident, the National Highway Traffic Safety Administration (NHTSA) mandated that all semi-trucks be equipped with a heavy steel bar that hangs from the rear of the trailer. This barrier, which is designed to ensure the passenger vehicle’s engine block and crumple zones take the brunt of the impact, is still referred to as a “Mansfield Bar,” although underride protection is the more technically accurate term.
What Causes Underride Accidents in Texas?
Despite the visibility onof these tragic accidents, they still occur all too often on Texas roads because of:. Common causes of underride crashes include:
- Missing, defective, or improperly maintained underride guards
- Sudden and unexpected stops by semi-trucks, giving trailing drivers no time to react
- Inadequate lighting or reflectors
- Sudden lane changes without proper signaling
- Trucks parked illegally or unexpectedly on road shoulders
- Reduced visibility caused by fog, rain, or other environmental factors
- Failure by trucking companies to inspect and maintain underride protection
- Side underride collisions during wide turns or intersection maneuvers
An experienced truck accident lawyer in Texas can investigate whether missing safety equipment, negligent maintenance, or any type of truck driver or trucking company negligence contributed to the crash. In some cases, other parties such as maintenance contractors or manufacturers of underride protection components may also be liable. If negligence was to blame, victims and their families may be entitled to significant compensation.
Federal Underride Guard Requirements Trucking Companies Must Follow
Modern underride protection laws are the result of decades of safety reforms that began after the 1967 crash involving Jayne Mansfield. In response to that tragedy, federal regulators eventually required rear underride guards on most trailers.
Today, these requirements are enforced under 49 CFR § 393.86 by the Federal Motor Carrier Safety Administration (FMCSA). This rule mandates that trailers built after January 1998 must include rear underride guards that meet specific strength and height standards intended to better protect occupants in rear-end crashes.
However, the modern regulatory system still contains a major gap. While rear guards are required, side underride protection is not broadly mandated. This leaves vehicles vulnerable in side-impact scenarios, such as intersection crashes or lane-change collisions, where a passenger car can still slide beneath a trailer with little structural resistance.
Help for Victims of Underride Accidents
The consequences of underride accidents are among the worst of any type of truck crash. Victims may suffer severe traumatic brain injuries (TBIs), injuries to the chest, neck, and face, and severe scarring and disfigurement. In worst-case scenarios, these accidents result in life-ending brain trauma or even decapitation.
People injured in underride truck accidents may be entitled to compensation for:
- Emergency medical treatment and hospitalization
- Ongoing medical care, rehabilitation, and therapy
- Lost wages and diminished earning capacity
- Pain and suffering
- Scarring, disfigurement, and permanent disability
- Property damage and other accident-related expenses
An experienced underride truck accident lawyer can work to pinpoint liability in a truck accident involving missing or inadequate underride protection, helping victims recover fair and just compensation for their losses.
Underride Accidents and Wrongful Death
Because underride accidents are often fatal, families of victims may wish to pursue compensation through a wrongful death claim. These legal actions can help bring about a sense of justice, while helping grieving loves ones recover economic and non-economic losses arising from the accident.
Legal Help for the Seriously Injured in Texas
At D. Miller & Associates, we have the experience and resources to handle the most difficult truck accident claims, including those involving underride collisions, catastrophic injuries, and wrongful death. When you are ready to discuss your claim with an experienced underride accident lawyer, we will be here for you. Contact us to arrange your free legal consultation.
