Understanding Texas Underride Accidents: Holding Negligent Trucking Companies Accountable - Insights from a Dallas Lawyer

There is a high degree of similarity between some types of accidents involving huge trucks and automobiles. However, underride incidents are specific to heavy trucks and cannot occur with other vehicle types.

Essentially, when a car gets jammed beneath a truck, it's called an underride accident. One of the most tragic kinds of crashes on our roadways, these collisions frequently cause serious injury or even death. However, a personal injury lawsuit or wrongful death claim may be viable options if you or a loved one has been hurt in an underride accident.

Of course, protecting your rights as a victim in the event of a truck accident greatly depends on the actions you take immediately after the incident. If you need help with a claim related to a truck crash or have questions about an underride accident in Dallas, don't hesitate to get in touch with our team right away.

What is an Underride Accident?

As mentioned above, when a smaller vehicle collides with a semi-truck and gets wedged beneath the tractor-trailer, it's called an underride accident.

Underride collisions often fall into two categories:

• Side-by-side collisions: These incidents typically happen when a truck driver does a lane change, a U-turn, or a merge onto a roadway or highway. It's common for truck drivers to believe that everyone else on the road can see them, but that isn't always the case. When doing a U-turn at night, for instance, opposing traffic may detect the tractor's headlights in the oncoming lane but miss the trailer's lack of lights until it's too late. A vehicle can end up wedged under the truck's trailer as a result.
• Back-to-back or rear-end crashes: Most underride accidents are caused by rear-end collisions. It's important to keep in mind that trucks have a slow starting acceleration. Because of this, typical passenger vehicle drivers frequently underestimate the speed of big rigs in front of them, thinking they're driving at the posted speed limit when, in reality, the truck is only starting to accelerate and pick up speed.

Back-to-back accidents involving an underride are also common on highways with stop-and-go traffic. If a semi-truck slows down and the driver at the rear isn't paying attention or hasn't left enough room to slow down, an underride can occur.

Common Injuries in Truck Underride Accidents

Injuries sustained in underride truck accidents are quite common and usually catastrophic. Given the nature of these incidents, an underride crash can shear off the roof of a passenger vehicle or smash its windshield.

Furthermore, because the windshield is the first point of impact, this could render a car's airbags, crumple zones, seatbelts, and other safety equipment virtually ineffective.

Unsurprisingly, the mortality rate in underride accidents is fairly high. And victims who ultimately survive an underride collision are likely to sustain severe injuries, such as:

• Skull fractures
• Injuries to the spinal cord and back pain
• Traumatic brain injuries (TBI) and other head injuries
• Limb amputation
• Major burns and disfiguring scars

Liability in Texas Underride Collisions

Determining liability in an underride accident is often complex and requires an in-depth investigation. In Texas, multiple parties could be held responsible depending on the specific circumstances of the crash. Some of the potentially liable parties include:

1. Truck Driver – If the truck driver was negligent—such as failing to use hazard lights, stopping abruptly without warning, making unsafe lane changes, or not adhering to visibility requirements—they may be held liable for the accident.
2. Trucking Company – If the trucking company failed to properly train the driver, enforce safety regulations, or maintain the truck's reflective markings and underride guards, they could be found responsible for the accident.
3. Truck Manufacturer – If the truck or its underride guard had a design defect or failed to meet federal safety standards, the manufacturer might be liable under product liability laws.
4. Maintenance Provider – If a third-party maintenance company was responsible for ensuring the truck’s safety features were functional and they failed to do so, they could share in the liability.
5. Other Negligent Drivers – In some cases, another driver on the road may have contributed to the accident by cutting off a truck, driving aggressively, or failing to maintain a safe distance.

Texas follows a modified comparative negligence rule, meaning that if an injured party is found to be partially at fault for the accident, their compensation may be reduced by their percentage of fault. However, if they are found to be more than 50% responsible, they may be barred from recovering damages.

Preventing Underride Accidents

While underride accidents are devastating, certain safety measures can help prevent them. Some crucial steps include:

• Federal Regulations and Underride Guards – The Federal Motor Carrier Safety Administration (FMCSA) mandates that large trucks be equipped with rear underride guards. Some safety advocates are pushing for stronger side underride guards to be required as well.
• Proper Reflective Markings and Lights – Ensuring that trucks have reflective tape, proper lighting, and visible warning signals can help prevent collisions, especially at night or in low-visibility conditions.
• Increased Driver Awareness – Both truck drivers and passenger vehicle drivers must exercise caution. Truck drivers should use proper signaling, avoid sudden stops, and always check blind spots. Passenger vehicle drivers should maintain a safe distance and avoid driving too close to a truck’s rear or sides.
• Technological Advancements – The use of automatic emergency braking (AEB) systems, crash avoidance technology, and improved underride guard designs can also help reduce the frequency and severity of underride collisions.

Legal Options for Underride Accident Victims

If you or a loved one has suffered injuries in an underride accident, it is crucial to explore your legal options. A personal injury lawsuit or wrongful death claim can help victims recover compensation for:

• Medical expenses (current and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Emotional distress
• Funeral and burial costs (in wrongful death cases)

Since Texas has a two-year statute of limitations for personal injury claims, it is important to act quickly to protect your rights. Gathering evidence, consulting with a truck accident attorney, and understanding your legal options can make a significant difference in securing the compensation you deserve.

Contact Our Legal Team

If you have been involved in an underride accident or lost a loved one due to a truck collision in Dallas or anywhere in Texas, our experienced truck accident attorneys can help. Contact our firm today for a free consultation and learn more about how we can assist you in pursuing justice and fair compensation.