New Orleans is one of the biggest shipping and transportation hubs in the U.S. Because of that, commercial trucks are abundant on the city’s highways and interstates. These 80,000-pound behemoths are essential for the local economy, but they can also put other drivers in danger.
Underride accidents are one of the biggest threats New Orleans drivers face when they’re traveling near semi-trucks. These crashes occur when smaller vehicles go under trucks’ trailers during collisions, often resulting in catastrophic damage to their roofs and severe and even fatal injuries to drivers and passengers.
At Dudley DeBosier, we know how devastating these accidents can be from both a physical and psychological standpoint. If you or someone you love was injured in an underride accident, we want to help you get the compensation you deserve. Contact us today for a free consultation.
Understanding Truck Underride Accidents
According to the U.S. Government Accountability Office, there were around 219 deaths annually on U.S. roads due to truck underride accidents between 2008 and 2017.
A Frontline report on these types of crashes says that underride accidents can occur at either the rear or side of a truck. Anytime there’s a height differential between a vehicle’s roof and a truck’s trailer, this type of crash can occur.
And while both the Department of Transportation and the National Highway Traffic Safety Administration require truck trailers to be equipped with rear safety guards to prevent these crashes from occurring at that location, neither agency requires side guards. In addition, the rear guards don’t always work properly during crashes.
To make matters worse, vehicles’ safety features often don’t deploy or engage during these crashes due to their impact point, which is often in a different location than where traditional crashes occur.
Catastrophic Injuries Often Result
Underride accidents often seem like nightmare scenarios on the road, and the consequences of these crashes live up to the fear that many people have of them. Some of the most common injuries associated with underride accidents include:
- Broken Bones and Fractures
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Crush Injuries
- Amputation Injuries
- Internal Injuries
- Fatalities
Liability for a Truck Underride Accident
Truck accidents are often confusing and chaotic, and it can be difficult to determine who was at fault immediately after a crash. However, with a thorough investigation, it’s possible to pinpoint liability—and in some cases, multiple parties may be responsible.
Commonly liable parties include:
- Truck drivers can be held responsible if their actions directly contribute to the conditions that led to an underride accident. For example, a truck driver fails to use reflective triangles or hazard lights after parking on the shoulder at night. A car slams into the rear of the trailer because it wasn’t visible, resulting in a deadly underride crash.
- Other motorists may cause or contribute to an underride accident through reckless or negligent driving that involves or endangers trucks. For example, a driver cuts off a semi-truck and slams on the brakes. The truck swerves to avoid a rear-end collision and ends up sideways across the highway. A following car crashes underneath the trailer due to the unexpected blockage.
- Trucking companies may be liable if they fail to maintain safety equipment, hire unqualified drivers, or encourage unsafe practices. For example, a company ignores FMCSA regulations and sends out a trailer with no rear underride guard—or one that’s obviously damaged. A car rear-ends the trailer and slides underneath, causing catastrophic injuries.
- Maintenance companies may be responsible if they fail to properly inspect or repair a truck’s safety features, including underride guards. For example, a contracted maintenance provider overlooks a cracked weld on a side underride guard during a routine inspection. The guard breaks away during a crash, allowing a car to slide under the trailer.
- Defective parts manufacturers can be held liable if a poorly designed or faulty underride guard contributes to the severity of an accident. For example, an underride guard is made with substandard materials that don’t meet federal safety standards. During a rear-end collision, the guard crumples instead of absorbing the impact, and the passenger vehicle slides underneath the trailer.
Compensation for Truck Underride Accident Injuries
Because truck underride accidents are so destructive, damaging, and injurious, it’s important for the people affected by them to seek every avenue to receive compensation for their damages.
Victims of truck underride accidents are often eligible for many different types of compensation, including:
- Assistive devices and prosthetics
- Diminished future earning capacity
- Disability and disfigurement
- Emergency care
- Home modifications
- Loss of consortium
- Loss of enjoyment of life
- Lost wages while recovering
- Medication
- Mental health counseling
- Pain and suffering
- Possible vocational retraining
- Rehabilitation and physical therapy
- Surgeries
- Vehicle modifications
Our New Orleans Lawyers Can Help Injuries from Truck Underride Accidents
Unfortunately, the insurance companies representing truck drivers, truck companies, truck owners, and other potentially liable parties are rarely cooperative after truck underride accidents. Because of this, it’s vital to have an experienced truck accident lawyer on your side to help you build your claim and negotiate a fair settlement for you and your loved ones.
When you get Dudley DeBosier on your side, you’ll get:
- A deep understanding of this special case type and success with big rig accidents in general
- The resources to take on large trucking companies and their insurers
- The willingness to take your case to court if necessary
- Our No Fee Guarantee®, which means you pay us nothing unless we get money for you
Contact Us Today
Don’t go it alone after a truck underride accident. You’ve been through enough already, and now we want to give you peace of mind and a chance to focus on your recovery. Contact us today for a free consultation.
