Truck accidents can be catastrophic, leading to severe injuries or fatalities. Among the various types of truck collisions, underride accidents stand out due to their particularly dangerous nature. In an underride accident, a smaller vehicle slides under a large truck, often resulting in devastating consequences for the occupants of the smaller vehicle. If you or a loved one has been involved in such an accident, it’s crucial to understand your legal options and the role an underride truck accident lawyer in Omaha can play in your recovery process.
What Is an Underride Truck Accident?
An underride truck accident occurs when a passenger vehicle collides with a large truck in such a way that the vehicle slides underneath the truck’s trailer. These accidents typically happen when the driver of the smaller vehicle is unable to stop or maneuver around the truck in time. The risk of serious injury or death increases in underride collisions due to the lack of protection for the vehicle’s occupants, as the front of the car is often crushed beneath the truck.
There are two main types of underride accidents: rear underride accidents and side underride accidents.
Rear Underride Accidents
In a rear underride accident, a smaller vehicle collides with the back of a large truck, often resulting in the vehicle sliding under the trailer. This type of accident is particularly dangerous because the trailer’s underside may not have sufficient protection to prevent smaller vehicles from getting trapped underneath.
Side Underride Accidents
Side underride accidents occur when a vehicle collides with the side of a truck, typically at an intersection or during a lane change. If the truck does not have proper side guards, the smaller vehicle can slide under the trailer, often leading to severe injuries or fatalities.
Common Causes of Underride Truck Accidents
Underride truck accidents can happen for various reasons, but they are often the result of specific factors involving the truck, the driver of the smaller vehicle, or road conditions. Some of the most common causes include:
Inadequate Truck Safety Features
One of the most significant contributors to underride accidents is the lack of proper safety features on the truck. In the United States, trucks are required by law to have rear underride guards, but these guards are not always effective or properly maintained. Additionally, not all trucks are equipped with side underride guards, which can be a critical safety feature in preventing side underride accidents.
Poor Visibility
Trucks, especially large semi-trucks, have significant blind spots that can make it difficult for truck drivers to see smaller vehicles around them. If a driver does not notice a car approaching, they may change lanes or make turns, leading to a potential underride accident.
Distracted or Impaired Driving
Both truck drivers and drivers of smaller vehicles can be distracted or impaired, increasing the likelihood of an underride accident. Truck drivers may be fatigued due to long hours on the road or distracted by their phone or in-cab technologies. Similarly, drivers of smaller vehicles may not notice the truck ahead of them, particularly in low-visibility conditions.
Road Conditions and Weather
Poor road conditions and adverse weather can also contribute to underride accidents. Slick roads, fog, or heavy rain can impair a driver’s ability to stop or slow down in time to avoid a collision with a truck. Trucks themselves can be harder to control in such conditions, increasing the chances of an accident.
Injuries from Underride Accidents
Due to the nature of underride accidents, the injuries sustained are often severe. The smaller vehicle is typically crushed underneath the truck, and the occupants of the vehicle are at significant risk of injury or death. Some common injuries include:
- Head and Brain Injuries: The impact of an underride accident can cause traumatic brain injuries, especially if the roof of the smaller vehicle is crushed.
- Spinal Cord Injuries: Underride accidents often result in severe spinal cord injuries due to the crushing nature of the accident.
- Broken Bones: The force of an underride accident can cause fractures to the bones in the arms, legs, or chest.
- Internal Injuries: Underride accidents can cause significant internal damage to vital organs, including the heart, lungs, or liver.
- Fatalities: Tragically, many underride accidents result in fatalities due to the extreme force of the collision.
The Role of an Underride Truck Accident Lawyer in Omaha
If you or a loved one has been involved in an underride truck accident, seeking legal help is critical to ensuring that your rights are protected. An underride truck accident lawyer in Omaha can assist you in several ways:
Investigation and Evidence Gathering
Underride accidents often involve complex legal issues, including determining fault and gathering evidence. A skilled lawyer will investigate the scene of the accident, review accident reports, and obtain necessary evidence such as truck maintenance records and dash cam footage. This evidence can be critical in building a strong case.
Identifying Responsible Parties
In underride truck accidents, multiple parties may be responsible for the collision, including the truck driver, the trucking company, and the manufacturer of the truck. Your lawyer will work to identify all responsible parties and hold them accountable for the accident.
Negotiating with Insurance Companies
Dealing with insurance companies after an underride accident can be challenging. Insurance companies often try to minimize their payouts or deny claims altogether. An experienced truck accident lawyer can negotiate with insurance companies to ensure that you receive fair compensation for your injuries and damages.
Pursuing a Lawsuit if Necessary
If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. They will represent your interests and fight for compensation for medical bills, lost wages, pain and suffering, and other damages resulting from the accident.
Closing Thoughts
Underride truck accidents are among the most dangerous types of collisions, often resulting in severe injuries or fatalities. The lack of proper safety features, such as side guards and rear underride guards, is a significant factor contributing to these accidents. If you or someone you know has been involved in an underride truck accident in Omaha, it’s essential to understand your legal rights and seek the assistance of an experienced underride truck accident lawyer in Omaha. By doing so, you can ensure that those responsible for the accident are held accountable and that you receive the compensation you deserve.
