Understanding Underride Collisions
When a tiny passenger car collides with a large truck or trailer and slides underneath it, it's called an underride crash. Because the truck's taller chassis may encroach on the smaller car's passenger area, these collisions are hazardous. Since seatbelts and airbags provide no defense against this kind of incursion, this frequently leads to fatalities or severe injuries.
Many people believe that a driver is always at fault when they rear-end a truck. Drivers are supposed to keep a safe following distance, but underride accidents are different. A truck's manufacturer or trucking firm may be held liable if it fails to install the legally mandated underride guards. Therefore, it is essential for victims seeking justice to comprehend underride guard regulations. To reduce the likelihood of these deadly collisions, the federal government mandates that most commercial trucks and trailers be equipped with underride guards.
National Highway Traffic Safety Administration Standards
The National Highway Traffic Safety Administration (NHTSA) enforces standards for rear impact protection:
- Weight requirement: Most trailers and semitrailers weighing 10,000 pounds or more must be equipped with underride guards.
- Design: Guards must be strong enough to withstand significant impact and low sufficient to prevent most cars from sliding under the trailer.
- Terminology: These guards are often referred to as Mansfield bars, named after the 1967 accident that killed actress Jayne Mansfield and brought the issue to public attention.
- Legal framework: Federal Motor Vehicle Safety Standard FMVSS No. 223 and 224 establish the technical requirements for rear underride protection.
Although rear underride guards are mandatory, side underride guards are not federally required. Side underride crashes occur when a vehicle strikes the side of a truck and becomes wedged beneath it, often during lane changes or nighttime driving. Studies show side guards can significantly reduce fatalities, but federal adoption has lagged.
Some municipalities have taken matters into their own hands. For instance, New York City requires side guards on city-owned trucks and private trash haulers, while Washington, D.C. has similar regulations. Still, these are exceptions rather than the rule.
When a Truck May Be at Fault in a Rear-End Collision
Even though rear-end collisions are often attributed to the trailing driver, trucks may share or bear full responsibility in underride accidents. Situations that point to trucking company liability include:
- Missing underride guards: If a truck required by law to have guards lacked them entirely.
- Defective or damaged guards: If guards were present but broken, rusted, or poorly maintained.
- Noncompliance with standards: If guards failed to meet FMVSS performance requirements.
- Poor visibility: If reflective tape, brake lights, or tail lamps were missing or not working, it would make it difficult for approaching drivers to see the trailer.
In these cases, the trucking company’s negligence in failing to follow federal safety rules can establish liability, meaning the car driver may not be held solely responsible.
Legal Rights of Victims in Underride Collisions
Victims of underride accidents may have claims against multiple parties:
- Trucking companies failing to install or maintain underride guards.
- Trailer manufacturers, if the guard was defectively designed or manufactured.
- Maintenance contractors who ignored issues with guards, lights, or reflective tape.
Damages may include medical bills, lost wages, pain and suffering, and wrongful death benefits. In California, victims may also pursue punitive damages if the trucking company’s conduct was grossly negligent or reckless.
Key Safety Efforts and Advocacy
Advocacy groups and researchers have long called for stronger underride protections. The Insurance Institute for Highway Safety (IIHS) has conducted extensive crash testing and demonstrated that properly designed underride guards can prevent deadly intrusions. You can view test results directly from the IIHS underride crash test studies.
Legislative proposals such as the Stop Underrides Act have been introduced in Congress to expand requirements. This act seeks to:
- Mandate side and front underride guards nationwide.
- Strengthen standards for rear guards.
- Increase inspection and compliance measures.
While the bill has not yet passed, it highlights the growing recognition that underride guards save lives.
How KAASS LAW Can Help
If you or a loved one were involved in a rear-end collision with a truck, you may still have a strong legal case. Don’t assume you are automatically at fault simply because your vehicle struck the rear of a trailer. KAASS LAW understands the complex federal and state regulations governing commercial trucking safety, including underride guard requirements.
Our attorneys thoroughly investigate whether a truck complied with safety standards, whether guards were installed correctly and maintained, and whether other visibility issues contributed to the crash. We then pursue compensation from every responsible party, including trucking companies, manufacturers, and insurers.
KAASS LAW has extensive experience handling catastrophic truck accident cases and fighting for the rights of injured victims and their families. Contact us today for a consultation and let us guide you through your options for seeking justice. Call KAASS, leave it to us!