Underride truck accidents happen when a smaller vehicle collides with the rear or side of a large commercial truck and slides underneath it. These collisions can result in catastrophic injuries or fatalities, as the structure of ordinary vehicles cannot withstand crashes involving heavy trucks. The design and height differences between typical passenger cars and commercial trucks create significant safety risks, leading to potentially life-altering consequences for those involved.
Understanding the causes, prevention measures, and legal options available after an underride accident is crucial for victims seeking justice and compensation for their losses.
Common Causes of Underride Accidents
Underride truck accidents can occur due to various circumstances, often resulting from a combination of driver behavior, regulatory failures, and equipment inadequacies. Understanding these causes is vital for mitigating risks and improving roadway safety.
Driver Error
Many underride accidents result from driver error. This may include instances where passenger vehicle drivers misjudge the distance between their vehicles and large trucks or fail to maintain safe speeds while navigating around them. Distracted driving – whether from cell phone use or other distractions – can also lead to tragic collisions with trucks.
Poor Visibility
Visibility issues play a significant role in underride accidents, particularly during poor weather conditions like rain or fog when road visibility decreases. Additionally, low-light situations such as nighttime traveling can increase the likelihood of not seeing an approaching truck until it’s too late.
Inadequate Safety Equipment
Trucking companies must comply with federal regulations mandating proper underride protection on trailers; however, many fail to do so. When rear guards or side barriers intended to prevent smaller vehicles from sliding underneath are either damaged or improperly installed, it significantly increases the likelihood of this type of accident.
Load Distribution
Improperly loaded trucks can also contribute to undermined safety measures. If a truck is overloaded or its cargo isn’t distributed evenly, it can create instability that leads to erratic driving behavior. This unpredictability makes crashes more likely and raises the risk of another vehicle becoming wedged beneath the trailer in an impact.
Understanding these causes is helpful for those who have been injured in these accidents, as it gives them an idea of who they need to try to seek compensation from.
Recoverable Compensation After an Underride Truck Accident
After an underride truck accident, victims may be entitled to various types of compensatory damages depending on the extent of their injuries and losses. Each case is unique, but potential recoverable compensation includes:
- Medical Expenses: This category covers all current and future medical costs directly related to injuries sustained in the accident, including hospitalization, surgery costs, follow-up appointments, physical therapy, and medications.
- Lost Wages: Victims can claim compensation for lost income if they are unable to work due to their injuries. This may also include loss of earning capacity for those whose long-term ability to earn a living has been compromised.
- Pain and Suffering: This compensation accounts for the physical pain experienced as a result of the accident.
- Emotional Distress: In addition to physical injuries, victims may be entitled to damages for emotional distress caused by the incident. This could include anxiety or PTSD often associated with traumatic events like severe truck accidents.
- Punitive Damages: If it is proven that negligence was particularly egregious – such as when a trucking company ignores safety regulations – victims might pursue punitive damages. This is intended to punish the defendant and act as a deterrent against similar conduct in the future.
NRS 42.005 Exemplary and punitive damages: In general; limitations on the amount of award; determination in a subsequent proceeding.
1. Except as otherwise provided in NRS 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant.
Understanding what types of compensation may be available can help victims know what to expect when filing a claim for their injuries.
How a Truck Accident Lawyer Can Help
A Las Vegas truck accident lawyer can play a crucial role in navigating the aftermath of an underride truck accident. These attorneys possess expertise in trucking laws and regulations, allowing them to identify responsible parties and gather essential evidence required to build a strong case. They will handle all aspects of the legal process, including negotiating with insurance companies on your behalf to secure fair compensation while ensuring that your rights are protected.
With their guidance and advocacy, you can focus on healing from your injuries, knowing that a knowledgeable professional is fighting for justice on your behalf. If you need help, contact the Las Vegas personal injury lawyers at Valiente Mott today to schedule a free consultation.
