The devastation of a truck accident can change a family’s life instantly, especially when an 18-wheeler or other commercial vehicle is involved. One of the most harrowing types of these crashes is an underride accident, where a smaller vehicle slides under the rear or side of a much larger truck or trailer. Tragically, these accidents often result in severe injuries or death due to the violent impact.
If you or someone you love has been injured or killed in an underride accident in Southeast Missouri, a SEMO truck accident lawyer can help you understand your legal options and fight for compensation for your injuries and losses.
What is an Underride Accident?
Underride accidents occur when a smaller passenger vehicle becomes trapped underneath a larger truck, typically an 18-wheeler or other commercial vehicle. These types of accidents are particularly dangerous because the truck’s high ground clearance allows the smaller vehicle to slide underneath, crushing the top of the vehicle.
This can lead to devastating injuries or fatalities, as the passenger vehicle’s safety features are not designed to withstand such a collision. Victims of underride accidents often suffer severe injuries, such as traumatic brain injuries, spinal cord damage, amputations, or even death.
There are two main types of underride accidents: rear underride crashes and side underride crashes. Each presents unique dangers and legal complexities.
Rear Underride Crash
A rear underride crash happens when a smaller vehicle collides with the back of a large truck or trailer and becomes trapped underneath. Rear underride guards are supposed to help prevent vehicles from sliding underneath in the event of a rear-end collision. However, if these guards are missing, defective, or poorly maintained, they may fail to stop the smaller vehicle from going under the trailer.
Common causes of rear underride accidents include:
- Sudden Stops: When a truck driver makes a sudden or unexpected stop, the vehicle behind it may not have enough time or space to avoid a collision, causing the smaller car to slide underneath the truck.
- Driver Inattention: If the smaller vehicle’s driver is distracted or impaired, they may not notice that the truck in front of them has slowed down or stopped, increasing the likelihood of a rear underride crash.
- Poor Visibility: In low-light conditions or adverse weather, it can be difficult for drivers to see a truck clearly, especially if the truck’s rear lights are dim or malfunctioning, leading to underride collisions.
Side Underride Crash
A side underride crash occurs when a smaller vehicle strikes the side of a large truck or trailer and becomes trapped underneath. These types of accidents typically happen when a truck makes a wide turn or changes lanes, and the smaller vehicle either gets caught in the truck’s blind spot or cannot stop in time to avoid a collision.
Many trucks lack side underride guards to prevent smaller vehicles from sliding under the sides of trailers. In many cases, the entire top of the passenger vehicle is crushed in these crashes, causing severe injuries or death to the occupants.
Common causes of side underride accidents include:
- Wide Turns: Large trucks often make wide turns to navigate intersections, which can catch nearby vehicles off guard. If a smaller vehicle is traveling alongside the truck as it turns, it may get pushed under the side of the trailer.
- Blind Spots: Trucks have significant blind spots, especially along the sides. If a truck driver changes lanes without noticing a smaller vehicle in their blind spot, it can result in a side underride collision.
- Lane Merging: When a truck merges or changes lanes, vehicles traveling alongside may be caught in the truck’s path, especially in heavy traffic. A side underride accident can occur if the truck driver does not check for smaller cars or the merging vehicle misjudges the truck’s speed.
Laws Affecting Truck Accident Cases
Truck accidents, including underride crashes, are governed by a combination of Missouri state laws and federal trucking regulations. One of the most important federal laws affecting truck accident cases is the requirement for underride guards. 
The Federal Motor Carrier Safety Administration (FMCSA) mandates that large trucks have rear underride guards to prevent smaller vehicles from sliding under the back of the truck. However, side underride guards are not yet federally required, leaving passengers vulnerable in certain types of crashes.
Missouri law also requires truck drivers and companies to follow safety protocols, such as properly maintaining their vehicles and ensuring that drivers are adequately trained and fit to operate these large machines. When trucking companies or drivers fail to meet these legal obligations, it can create dangerous situations for other drivers on the road.
Having a lawyer familiar with both Missouri and federal regulations in truck accident cases allows for a thorough investigation of whether any safety violations occurred. At Cook, Barkett, Ponder & Wolz, we focus on uncovering every detail of the case to build a strong claim for our clients.
What Causes Underride Accidents?
Understanding the common causes of underride accidents is essential to recognize who may be at fault and why these accidents happen. An experienced truck accident attorney can help you explore your legal options and determine whether negligence or other factors contributed to the crash. Factors that often contribute to underride accidents include:
Driver Negligence
Negligence on the part of either the truck driver or the driver of the smaller vehicle is a leading cause of underride accidents. Large commercial trucks require skill and attention to operate safely, and when truck drivers fail to adhere to safety standards, they can put other road users at risk. Common types of driver negligence that may lead to underride accidents include:
- Distracted Driving: Truck drivers who are distracted by their phones, GPS devices, or other in-cab distractions may fail to notice smaller vehicles in their blind spots or behind them. A distracted driver may also react too slowly to prevent an accident, leading to a situation where a passenger vehicle slides under the truck.
- Impaired Driving: Driving under the influence of alcohol, drugs, or even prescription medications can impair a truck driver’s ability to react to road conditions or sudden stops. Impaired truck drivers are far more likely to make dangerous driving decisions, leading to severe crashes, including underride accidents.
- Fatigue: Truck drivers often spend long hours on the road, which can lead to fatigue and impaired judgment. Drowsy driving is dangerous because tired drivers may not have the reaction time needed to prevent collisions, especially in emergencies.
- Reckless Driving: Speeding or aggressive driving, such as abrupt lane changes or following other vehicles too closely, can also contribute to underride accidents. When a large truck makes sudden movements, it increases the risk of smaller vehicles getting trapped underneath.
When driver negligence is involved in an underride accident, the injured victims or their families may have a valid claim against the driver, the trucking company, or both. Your lawyer will investigate the circumstances of the crash to determine liability.
Poor Weather Conditions
Although weather conditions are outside the drivers’ control, truck drivers and trucking companies are responsible for adapting their driving behaviors to account for poor weather. When they fail to take necessary precautions, such as slowing down or pulling over in dangerous conditions, they may be liable for any accidents that occur.
Sudden Stops
Sudden stops, whether by the truck or the smaller vehicle, are a significant cause of underride accidents. Large trucks have a much longer stopping distance than smaller vehicles, so when a truck driver makes an abrupt stop, the vehicles behind them may not have enough time or space to avoid a collision. Similarly, if a passenger vehicle stops suddenly in front of a truck, the truck may rear-end the vehicle, potentially pushing it underneath the trailer.
Inadequate Truck Maintenance
Proper truck maintenance is crucial for preventing underride accidents, yet trucking companies often neglect routine inspections or necessary repairs to save time or money. This negligence can lead to dangerous mechanical failures that increase the likelihood of accidents. Common maintenance issues that can contribute to underride accidents include:
- Brake Failures: Large trucks require powerful braking systems to slow down or stop safely. If the brakes are not maintained properly, the truck may not stop in time, causing vehicles behind it to crash into and potentially slide under the truck.
- Defective Underride Guards: Federal regulations require large trucks to have rear underride guards; however, if these guards are damaged, improperly installed, or missing, they may fail to protect motorists, leading to underride accidents with severe injuries.
- Worn Tires: Tire blowouts or worn tires can cause trucks to lose control, especially at high speeds. When a truck veers out of its lane due to a tire blowout, smaller vehicles on the road may be unable to avoid sliding underneath the truck.
- Broken or Malfunctioning Lights: Trucks are required to have functioning lights and reflectors to make their presence known on the road, especially at night or in poor weather conditions. If a truck’s lights are not properly maintained, other drivers may not see the truck until it’s too late to avoid an accident.
When an underride accident occurs due to poor truck maintenance, the trucking company may be held liable for failing to maintain its fleet in accordance with safety regulations. Your attorney will investigate the truck’s maintenance history and determine if negligence contributed to the accident.
Who May Be Liable for Underride Accident Injuries?
Truck accident claims, particularly those involving underride crashes, are incredibly complex. Unlike standard car accidents, where fault may be relatively straightforward, there are many parties who could potentially be held liable in a truck accident case. These may include:
- The truck driver: If the driver was speeding, distracted, fatigued, or otherwise negligent, they could be held responsible for the accident.
- The trucking company: Companies prioritizing profit over safety may fail to properly maintain their vehicles or enforce safety regulations, contributing to an accident.
- Truck manufacturers: If a defect in the truck or its underride guards played a role in the crash, the manufacturer could be liable.
- Third-party maintenance providers: If the accident was caused by poor maintenance or faulty repairs, the truck’s maintenance providers may share liability.
How Long Do You Have to File a Personal Injury or Wrongful Death Claim?
If you or a loved one has been injured in a truck accident, there are time limits for filing a lawsuit in Missouri. The statute of limitations for personal injury cases in Missouri is typically five years from the date of the accident. For wrongful death claims, you generally have three years from the date of your loved one’s death to file a lawsuit.
These time limits may seem long, but acting quickly is important. Building a strong case involves gathering evidence, interviewing witnesses, and working with accident reconstruction experts, all of which take time. The sooner you contact a SEMO personal injury attorney, the better your chances of securing the compensation you deserve.
Why You Need an Experienced Truck Accident Lawyer
Truck accident cases are complicated not only by multiple potentially liable parties and federal regulations but also by the aggressive legal teams that trucking companies employ. These companies are focused on protecting their bottom line and have vast resources dedicated to minimizing the amount they pay in claims.
Insurance companies working with trucking companies are known for offering settlements far below what victims need to cover medical bills, lost wages, and other damages.
A SEMO truck accident attorney at Cook, Barkett, Ponder & Wolz will fight to ensure that you are treated fairly by insurance companies and other parties involved. Our firm is made up of trial lawyers who have extensive experience litigating tough cases. While we strive to reach fair settlements for our clients, we are always prepared to take a case to trial if the other side refuses to offer a reasonable resolution.
Potential Damages You Can Recover in a Truck Accident Case
If you’ve been injured in an underride accident, or if a loved one has been killed, a SEMO personal injury lawyer will work to recover compensation for the following damages:
- Medical expenses: This includes current and future medical bills related to your injuries, such as hospital stays, surgeries, medications, and rehabilitation.
- Lost wages: If your injuries prevent you from working, you can seek compensation for lost income and any future loss of earning capacity.
- Pain and suffering: Compensation for the physical and emotional distress caused by the accident.
- Loss of consortium: In wrongful death cases, surviving family members may be able to recover damages for the loss of companionship and support.
- Funeral and burial expenses: In cases involving wrongful death, families can seek compensation for the costs of funeral services.
How Cook, Barkett, Ponder & Wolz Can Help You
At Cook, Barkett, Ponder & Wolz, we have years of experience representing clients who have been injured in truck accidents, including underride crashes. We are dedicated to helping families throughout Southeast Missouri recover the compensation they need to move forward. 
We believe that every client deserves individualized attention and a strong advocate in their corner. We don’t push our clients to go to trial unless necessary, but we also won’t back down from insurance companies that try to deny fair settlements. If you’re looking for an attorney who will fight for you, contact us today for a free consultation.
An experienced SEMO truck accident attorney at Cook, Barkett, Ponder & Wolz will help you pursue a personal injury claim or wrongful death lawsuit, ensuring that you are not left to deal with the consequences of someone else’s negligence on your own.
Our office is conveniently located across from the Osage Center and northwest of Southeast Missouri State University, making us accessible to clients across the region. Call our Cape Girardeau office at 573-335-6651 or contact us online now.