Movies and TV shows often show a thrilling car chase where a passenger vehicle zips under a tractor-trailer to escape pursuers.
Even when it seems the driver might not make it, they always avoid a wreck.
But, here’s the harsh reality: underride crashes are far more dangerous, and occupants in a small car may suffer serious injuries or death in such accidents.
So, what exactly is an underride crash?
In simple terms, it occurs when a portion of a vehicle slides under a commercial truck or trailer.
The consequences of these crashes can be devastating, and here’s what you need to know about them, courtesy of the Houston trucking accident lawyers at The Krist Law Firm, P.C.
Understanding How Underride Crashes Happen
There are three key ways a passenger vehicle can end up underneath a truck:
- Rear underride: This happens when a passenger vehicle slides under the rear of a truck.
- Side underride: This occurs when a passenger vehicle slides under the side of a truck.
- Front override: In this case, the front of a truck goes over the back end of a smaller vehicle.
Now, let’s get into how each type of underride crash can occur:
Rear underride accidents often happen when a passenger vehicle is following too closely and a truck stops suddenly.
Moreover, a truck driver might not see a car behind it due to blind spots. Although most large trucks are required to have rear impact guards, these are not always effective, especially if the truck is hit off-center or at higher speeds.
Side underride accidents can occur when a truck is changing lanes or making a turn and might not see a smaller vehicle approaching.
Front underride accidents typically involve a truck following too closely, or a smaller vehicle cutting in front of the truck with insufficient space for the truck to stop.
But how common are underride accidents?
The actual frequency is believed to be higher than reported, partly due to variations in how accidents are categorized and data collection methods.
Based on available information, underride crashes are estimated to make up about 10% of annual fatality accidents involving large trucks.
For context, the Federal Motor Carrier Safety Administration (FMCSA) recorded over 5,000 fatal crashes involving large trucks in 2021.
Texas, in particular, saw a high number of these accidents, with 715 fatal truck crashes, almost double that of California.
According to the June 2024 report from the Advisory Committee on Underride Protection (ACUP), exact figures are elusive because the Department of Transportation (DOT) has not prioritized underride accident data collection.
However, ACUP conservatively estimated an average of 630 underride-caused fatalities annually.
Breaking down the numbers further:
- Rear underride: 287 fatalities annually
- Side underride: 179 fatalities annually
- Front override: 164 fatalities annually
So, what kind of damage do these accidents cause?
The impact on the smaller vehicle in an underride crash is often severe. Passenger vehicles are not designed to withstand such accidents, and the damage can be extensive.
The injuries to occupants, particularly those in the front seats, are often fatal. The impact typically occurs above the hood, and when the truck breaches the passenger compartment, occupants have minimal protection.
Injuries from underride accidents can be catastrophic, including:
- Complex facial fractures
- Traumatic brain injuries
- Severe crush injuries
- Burns from fuel ignition
- Spinal cord injuries
- Severe limb trauma
- Decapitation
Because of the severity of these injuries, recovery can be long and arduous, with some damage resulting in permanent disability.
Tragically, it is often the families of the victims who seek compensation for the wrongful death of a loved one.
So, who is liable in an underride crash?
Liability can vary depending on who is at fault for the crash.
If a truck driver makes a maneuver—such as a lane change or turn—and fails to see a smaller vehicle, the driver might be at fault.
If the truck driver is employed by a trucking company, that company may also share liability. In Texas, employers are responsible for the actions of employees acting within the scope of their employment.
If the crash results from a mechanical failure or an issue with the truck’s load, liability might extend to the manufacturer of a faulty part or a negligent service provider.
On the other hand, the driver of the smaller vehicle might also bear some responsibility too.
For instance, if they are following too closely or are distracted, they may be partially liable for the accident.
In Texas, Proportionate Responsibility Plays a Key Role.
Even if you share some liability for an underride crash, it doesn’t necessarily bar you from seeking a personal injury lawsuit.
However, your potential recovery might be reduced. According to the doctrine of proportionate responsibility, you must be less than 50% responsible for the accident to pursue compensation.
If you are found to be more than 50% at fault, you cannot claim damages for your injuries.
What steps are being taken to prevent underride accidents?
The danger of underride accidents is well-recognized. Rear impact underride guards have been required on trucks for about 70 years.
However, studies from the Insurance Institute for Highway Safety (IIHS) show that many of these guards are ineffective in certain crash scenarios.
Are better safety standards needed?
Currently, trucks are not mandated to have side or front impact guards.
The trucking industry has often resisted these recommendations due to cost concerns.
However, increasing pressure on the National Highway Transportation Safety Administration (NHTSA) might lead to changes. Critics have argued that the NHTSA has been slow to update standards for rear impact guards and has yet to require side and front guards.
Recent Federal Legislation Has Forced Action.
With the passing of the Infrastructure Investment and Jobs Act (IIJA) in 2021, the NHTSA was compelled to establish improved rear guard safety standards.
By 2022, the NHTSA issued a final rule adopting a standard similar to Canada’s, requiring rear guards to protect occupants of passenger vehicles at speeds up to 35 mph.
The IIJA also mandated the NHTSA to conduct a cost-benefit analysis of side impact guards.
According to a June 2024 report, the NHTSA is reviewing recommendations from the newly established Advisory Committee on Underride Protection (ACUP) and public feedback before deciding on new performance standards for side impact guards.
The ACUP’s recommendations include requiring side guards to prevent passenger compartment intrusion (PCI) and strengthening rear-guard standards, with a potential new standard for front guards
Conspicuity Requirements Are Also in Place
Underride accidents can happen when the rear or sides of a truck are not clearly visible. Since 1993, truck trailers must have retroreflective sheeting or reflectors to enhance visibility under low-light conditions.
These materials must cover the bottom sides, the lower rear, and the upper corners of the trailer.
Injured Or Lost a Loved One in An Underride Accident?
Underride crashes are among the most horrific traffic accidents, often leading to severe injuries or fatalities.
The Houston truck accident attorneys at The Krist Law Firm, P.C. have extensive experience representing clients affected by such accidents.
If you’ve been injured or have lost a loved one due to a truck accident, schedule your free consultation with the Krist Law Firm, P.C. today.