Texas Truck Underride Accidents: Advocating for Enhanced Safety Measures and Accountability - Insights from a Dallas Attorney

When two vehicles collide, and their bumpers are at different heights, a devastating underride collision might ensue. One of the most prevalent and deadly kinds of underride accidents involves large 18-wheelers or semi-trucks because of their height in comparison to typical passenger vehicles.

In other words, if a large truck collides with a smaller passenger car, the smaller car's windshield would likely be the initial point of impact before the occupants' heads and bodies. In turn, the victims in the automobile are at high risk of suffering from brain damage or dying as a consequence of these accidents.

Moreover, drivers are more at risk in underride incidents because their vehicle's crumple zones and/or airbags will not usually deploy. The trucking industry has been aware of this height-related risk for more than a century, which is why advocating for accountability and improved safety measures is invaluable.

Underride Accidents in Texas

As was previously noted, an underride accident occurs when a smaller vehicle collides with a tractor-trailer.

There are typically two types of underride collisions:

• When a trucker makes a lane change, U-turn, or merges into a highway or road, he or she greatly increases the risk of a side-impact accident. Truck drivers often mistakenly assume that everyone on the road can see them, though this isn't always true. For example, while performing a U-turn at night, approaching traffic may see the tractor's headlights but fail to see the trailer's absence of lights until it is too late.
• That said, the majority of underride incidents are the result of back-to-back or rear-end collisions. Remember that vehicles have sluggish acceleration when first moving. Consequently, regular car drivers often misjudge the speed of large rigs in front of them, believing they are traveling at the legal limit while the truck is just beginning to accelerate.

Furthermore, underride incidents involving several vehicles are prevalent on roads with heavy stop-and-go traffic. An underride occurs when the motorist behind a slowing semi-truck is either not paying attention or has not allowed adequate space for the semi to stop.

The Prevention of Underride Truck Accidents

Underride protection is added to large trucks to prevent these accidents. Thus, if these underride barriers are installed properly, smaller vehicles are less likely to get trapped beneath the trailer in the event of a rear-end collision.

These rear guards, or Mansfield bars, were legally required starting in 1998. The 1967 death of Hollywood actress Jayne Mansfield on a Louisiana highway following an underside truck accident initially led to the installation of underride guards on vehicles.

What is Underride Protection?

Underride guards, sometimes called rear guards, are metal bars attached to the underside of trailers pulled by semis. Their function is to stop cars from slipping beneath trucks in collisions. In their absence, truck accidents involving smaller passenger cars are particularly devastating since a semi's trailer can tear off the top of the smaller vehicle. As a consequence, passengers often lose their lives or sustain life-altering disabilities.

Studies show that 80% to 90% of underride truck accidents result in fatalities. This is why tractor-trailers must comply with federal strength and safety criteria for underride protection.

Data on Underride Truck Accidents

The National Transportation Safety Board (NHTSA) monitors and investigates fatal trucking accidents nationwide. That said, these data do not reveal whether inadequate or absent safety measures, such as lack of underride guards, contributed to these crashes. As a result, determining the frequency of underride crashes is challenging.

Fortunately, work is still being done to find a solution to this problem. An advocacy group called Stop Underride, for instance, is working to put a number on the number of crashes brought on by inadequate underride protection. The number of lives lost in underride accidents was investigated by collecting data on fatal truck crashes. From there, authorities found that over 600 persons die annually in the United States from underride incidents. Stop Underrides also reports that nearly 340 people have been killed in underride incidents between 1994 and 2015.

Texas Law on Underride Guards

In Texas, commercial trucks must comply with federal regulations regarding underride guards. These regulations are outlined in the Federal Motor Carrier Safety Administration (FMCSA) guidelines and require all semi-trailers and single-unit trucks manufactured after December 1, 1993, to be equipped with rear impact guards that meet specific strength and dimensional requirements.

However, despite these regulations, many underride guards fail to provide adequate protection in real-world crash scenarios. Tests conducted by the Insurance Institute for Highway Safety (IIHS) have shown that even guards that meet federal standards can fail in offset crashes, where the vehicle hits the trailer off-center.

Recent Legislative Efforts

The Stop Underrides Act, reintroduced in Congress in recent years, aims to strengthen the requirements for underride guards on commercial trucks. This legislation would require rear guards and side and front underride guards on all commercial trucks. Additionally, it would update the standards for rear guards to ensure they can withstand higher-speed impacts.

While this federal legislation is still pending, Texas has not yet implemented state-specific laws that go beyond federal requirements. As Dallas attorneys representing victims of truck accidents, we believe this represents a critical gap in our state's safety regulations.

Liability in Underride Accident Cases

When an underride accident occurs in Texas, several parties may be held liable:

1. The truck driver: If negligence, such as improper lane changes or sudden stops, contributed to the accident.
2. The trucking company: For failing to maintain proper underride protection or for negligent hiring, training, or supervision of drivers.
3. The trailer manufacturer: If the underride guard was defectively designed or manufactured.
4. Maintenance companies: If they failed to properly inspect or maintain the underride protection systems.

Determining liability often requires a thorough investigation and expert testimony regarding the condition of the underride guards and whether they met applicable safety standards.

Compensation for Underride Accident Victims

Due to the catastrophic nature of underride accidents, victims and their families often face overwhelming medical expenses, lost income, and physical and emotional suffering. In Texas, victims may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages and diminished earning capacity
• Pain and suffering
• Disfigurement and disability
• Loss of quality of life
• In fatal cases, wrongful death damages

It's important to note that Texas follows a modified comparative negligence rule, meaning compensation may be reduced if the victim is found partially at fault for the accident. However, they can still recover damages as long as they are not more than 51% responsible.

Advocacy for Enhanced Safety Measures

As experienced Dallas truck accident attorneys, we believe in advocating for stronger safety measures to prevent these devastating accidents. This includes:

1. Supporting legislation requiring side underride guards on all commercial trucks
2. Pushing for enhanced testing and standards for existing rear guards
3. Promoting better driver education about the dangers of following too closely behind trucks
4. Encouraging the use of advanced warning systems and automatic emergency braking on commercial vehicles

How Our Dallas Truck Accident Attorneys Can Help

If you or a loved one has been involved in an underride accident, our experienced legal team can help you navigate the complex process of seeking justice and compensation. We offer:

• Free initial consultations to evaluate your case
• Thorough investigations to identify all liable parties
• Access to accident reconstruction experts and medical professionals
• Aggressive negotiation with insurance companies
• Skillful courtroom representation if a fair settlement cannot be reached

Conclusion

Underride accidents represent some of the most devastating collisions on Texas roadways. While safety measures have improved over the decades, there is still significant room for enhancement in both the technology and regulations governing underride protection.

As advocates for truck accident victims throughout Dallas and the broader Texas region, we remain committed to holding negligent parties accountable and pushing for stronger safety standards that will save lives. If you or someone you love has been affected by an underride accident, remember that you have legal rights and options. Contact our experienced Dallas truck accident attorneys today to discuss your case and learn how we can help you seek justice and fair compensation.