When a car accident involves sliding underneath a commercial truck, the consequences can be devastating. At Rhoads & Rhoads, our experienced truck accident lawyer team understands the unique challenges that truck accident victims face after these catastrophic incidents. Our Owensboro truck accident lawyers have dedicated their careers to helping victims seek the maximum compensation they deserve after accidents with large trucks and other large commercial vehicles.
Underride truck accident cases require immediate action and a thorough accident investigation to preserve evidence and protect your rights. Our personal injury attorneys have successfully represented numerous truck accident victims throughout Kentucky, and we know how to stand up to insurance companies that attempt to minimize your injury claim.
If you or a loved one has suffered in a truck accident, our law firm is ready to fight for justice on your behalf. Call (888) 709-9329 today for a free consultation with our experienced legal team.
What is an Underride Accident?
An underride accident occurs when a passenger vehicle slides underneath a commercial truck or tractor-trailer during a collision. These commercial vehicle accidents are among the most serious accident types on our roadways because the top of the car can be sheared off upon impact with the truck’s trailer.
Unlike typical auto accidents, underride collisions often result in severe injuries or wrongful death due to the extreme forces involved when a motor vehicle becomes trapped beneath a semi truck. The Federal Motor Carrier Safety Administration has established safety regulations requiring underride guards on commercial trucks, but these protective barriers are not always sufficient to prevent tragedy.
When a truck crash involves an underride scenario, the injured party often faces severe injuries that require extensive medical treatment and result in substantial medical expenses. Our personal injury lawyers have seen firsthand how these commercial vehicle accidents can devastate families, which is why we are committed to holding the responsible party accountable.
Common Causes of Underride Truck Accidents
Understanding why these truck accidents occur is essential for building a strong truck accident claim. Our accident attorney team investigates every factor that may have contributed to the truck crash, from fatigue to equipment failure. Each case requires careful examination of the accident scene, witness statements, and the police report to gather evidence that supports your personal injury claims.
Wrong Type or Outdated Guards
Many underride truck accidents happen because the commercial truck was equipped with inadequate or outdated underride guards. When a trucking company fails to upgrade these essential safety features, they may be held liable for accidents involving their fleet. Our semi-truck accident lawyers thoroughly examine the equipment on the involved parties’ vehicles to determine if improper guards contributed to the severity of injuries our clients suffered.
Decreased Visibility
Truck drivers have significant blind spots around their large trucks, and decreased visibility is a frequent factor in semi-truck accidents. When a truck operator cannot see a passenger vehicle approaching from behind or alongside, the risk of a severe accident increases dramatically. Poor weather conditions, inadequate lighting, and nighttime driving all contribute to visibility challenges.
Additionally, when other cars fail to maintain safe distances from semi trucks, they may enter blind spots where the truck operator cannot see them. Our car accident lawyer team works with accident reconstruction experts to demonstrate how decreased visibility led to the accident and resulted in our clients’ injuries.
Truck Driver Fatigue
Driver fatigue is one of the leading causes of commercial truck accidents across the country. Semi-truck drivers often face pressure from their employers to meet tight delivery schedules, leading to violations of federal hours-of-service regulations. When fatigue impairs a driver’s reaction time and judgment, the results can be fatal.
Our attorneys carefully review logbooks, electronic logging device data, and employment records to uncover evidence of the truck operator’s negligence related to fatigue. The Motor Carrier Safety Administration has established clear rules about rest periods, and when a truck driver or trucking company violates these safety regulations, they must be held accountable.
Distracted Driving
Inattentive driving affects all types of motor vehicle operators, but when a truck driver becomes distracted, the consequences are magnified by the size and weight of their commercial vehicle. Cell phone use, eating, adjusting GPS systems, and other distractions take the truck operator’s attention away from the road at critical moments.
Even a few seconds of distraction can prevent a truck driver from noticing slowing or stopped traffic ahead, leading to a rear-end collision where the passenger car slides under the tractor-trailer. Our truck accident lawyers work to obtain phone records, dash cam footage, and other evidence that proves inattentive driving contributed to the truck accident.
Identifying whether your car accident stemmed from the truck driver’s negligence, mechanical failures, or reckless actions that endangered oncoming traffic is crucial for your claim. Large trucks present unique hazards that require specialized knowledge of federal regulations and industry standards. Our firm’s deep understanding of auto accident causation allows us to build the strongest possible case for our clients.
What To Do Immediately Following an Underride Truck Accident
The moments after a truck crash are crucial for protecting both your health and your legal rights. First and foremost, seek medical assistance immediately, even if you don’t think you’ve suffered injuries. Many injuries don’t show symptoms right away, and having prompt medical treatment creates important documentation for your injury claim. Call 911 to ensure law enforcement responds to the accident scene and creates an official police report.
If you are physically able, gather evidence at the scene by taking photographs of all vehicles involved, the roadway conditions, traffic signs, and any visible damage. Collect witness contact information from anyone who saw the accident occur.
This information is invaluable when our personal injury lawyers begin building your truck accident claim. Do not give recorded statements to insurance companies before consulting with an accident attorney, as insurers often use these statements against victims later.
Contact our Owensboro truck accident lawyers as soon as possible after the incident. Early involvement allows us to conduct our own accident scene investigation, preserve evidence that might otherwise be lost, and protect you from insurance company tactics designed to minimize your compensation. We offer a consultation, free of charge, to discuss your case and explain your legal options under Kentucky law. Our law firm works on a contingency basis, meaning you pay nothing unless we secure compensation for your injuries.
Underride Truck Accident Injuries That May Prove Fatal
The nature of underride collisions means that victims often sustain the most severe types of trauma. When a vehicle slides under a semi truck, the impact typically occurs at the roof level of the car, directly affecting the head and upper body of occupants. Our attorneys have represented clients with various life-changing injuries resulting from these commercial truck accidents, and we understand the extensive medical bills these conditions generate.
Traumatic Brain Injuries
Traumatic brain injuries are among the most common and devastating outcomes of underride truck accidents. When the roof of a passenger car is crushed or sheared off during the collision, occupants may suffer direct head trauma or violent shaking that damages the brain.
These injuries can result in permanent cognitive impairment, memory loss, personality changes, and the need for lifelong medical care. The medical expenses associated with traumatic brain injuries often reach into the millions of dollars, and the injured party may never be able to return to work, resulting in substantial loss of income.
Burn Injuries
When a truck crash results in fuel spills or vehicle fires, car accident victims may suffer severe burn injuries. Commercial trucks carry large amounts of diesel fuel, and the friction and sparks from an underride collision can ignite this fuel. Burn injuries often require multiple surgeries, skin grafts, and extended hospital stays.
Beyond the immediate medical treatment, burn victims face years of rehabilitation and may have permanent scarring and disfigurement. Our truck accident attorney team works with medical experts to document the full extent of these injuries and calculate both current medical bills and future medical expenses.
Spinal Cord Injuries
Spinal cord injuries resulting from underride accidents can lead to partial or complete paralysis, forever changing the life of the injured person. The violent forces involved when a car accident involves going underneath a tractor-trailer can compress, bruise, or sever the spinal cord.
These injuries typically require immediate surgery, months of inpatient rehabilitation, and extensive modifications to the victim’s home and vehicle. Many spinal cord injury victims cannot return to their previous employment, resulting in both lost wages and the loss of future earning capacity. Our lawyers ensure that any settlement or verdict accounts for these lifelong impacts.
Shared Liability in Underride Truck Accident
One of the complexities of truck accident cases is that multiple parties may share responsibility for the collision. Unlike simple car accidents between two vehicles, semi-truck accidents often involve several entities whose actions or negligence contributed to the incident. Our truck accident lawyer team conducts a thorough accident scene investigation to identify all potentially liable parties, which is essential for ensuring our clients receive maximum compensation for their injuries.
Truck Driver
The truck driver may be held liable if their actions directly caused or contributed to the underride accident. This includes situations involving fatigue, inattentive driving, drunk driving, speeding, or other traffic violations.
When we prove the truck operator’s negligence led to the serious injury or death of our client, the driver can be held personally responsible. Our truck accident lawyers examine the driver’s training records, employment history, and past driving record to build a comprehensive picture of their responsibility for the collision.
Trucking Company
The trucking company that employs the driver often bears significant responsibility for commercial vehicle accidents. Companies can be held liable for inadequate driver training, pressure to violate hours-of-service rules that lead to fatigue, failure to maintain their commercial vehicles properly, or negligent hiring practices.
Many trucking companies prioritize profits over safety regulations, cutting corners that put everyone on the road at risk. Our personal injury attorneys have extensive experience taking on large transportation corporations and their insurance companies to secure justice.
Vehicle and/or Parts Manufacturer
When equipment fails, it can contribute to an underride truck accident, and the manufacturer of the vehicle or specific parts may be liable under product liability law. This includes defective underride guards that fail to prevent the passenger car from sliding beneath the trailer, brake failures, tire defects, or other mechanical issues.
Our law firm works with engineering experts to examine whether manufacturing defects or design flaws in the commercial truck or its components played a role in causing the accident that occurred or worsening the injuries our clients suffered.
Underride Truck Accident Compensation Available Beyond PIP
Kentucky operates under a no-fault auto insurance system that requires drivers to carry personal injury protection (PIP) coverage. However, the injuries typical in underride truck accidents often far exceed the limits of PIP coverage, allowing victims to step outside the no-fault system and pursue a personal injury claim against the responsible party.
Injuries That Qualify
Under Kentucky law, victims can pursue compensation beyond their PIP coverage when they have sustained a serious injury or have medical expenses exceeding a certain threshold. Given that underride collisions typically result in life-changing injuries, most of our clients easily meet these requirements.
When you have suffered injuries in a truck accident that required hospitalization, surgery, or resulted in permanent impairment, you can file a truck accident claim seeking full compensation from all liable parties. This includes recovery for medical costs, lost wages, lost income, pain and suffering, and other damages that PIP does not cover.
Exceptions to PIP Coverage
Certain circumstances allow victims to bypass PIP requirements entirely. Wrongful death claims filed by family members of those killed in commercial truck accidents are not subject to PIP limitations.
Additionally, when the truck driver was operating their commercial vehicle while engaged in drunk driving or intentionally caused the collision, victims may immediately pursue personal injury claims outside the no-fault system. Our lawyers carefully evaluate every aspect of your case to determine the most effective legal strategy for securing the compensation you deserve.
Insurance Company Tactics and Underride Truck Accident Claims
Insurance companies representing trucking companies and commercial vehicle operators employ sophisticated strategies to minimize payouts to victims. These insurers have teams of adjusters and attorneys whose job is to protect their bottom line, not to ensure victims receive fair settlement offers.
Common tactics include offering quick, lowball settlements before injury victims understand the full extent of their injuries, disputing liability by claiming the other driver was partially at fault, questioning the severity of the injured person’s conditions, and delaying the claims process in hopes that desperate victims will accept inadequate compensation.
Our Owensboro lawyers have decades of experience countering these insurance company tactics. We never allow our injured clients to be pressured into accepting settlements that don’t fully address their needs. Instead, we conduct our own thorough accident scene investigation, work with medical experts to document all injuries and project future medical costs, gather evidence, including witness statements and the police report, and negotiate aggressively for a fair settlement that covers all medical assistance, lost wages, and other damages.
When insurance companies refuse to offer reasonable compensation, we are fully prepared to take the case to trial. Our track record of success in truck accident cases sends a clear message to insurers that we will fight for every dollar our clients deserve.
Large Truck and Auto Accident Attorneys
Underride truck accidents represent some of the most devastating commercial vehicle accidents on Kentucky’s roads. When a passenger vehicle becomes trapped under a semi truck or tractor-trailer, the resulting catastrophic injuries can change lives forever. These serious accidents require the experience and resources that only a dedicated truck accident attorney can provide. At Rhoads & Rhoads, our personal injury attorneys understand the physical, emotional, and financial toll these collisions take on the victims and their families.
Our commitment to clients extends beyond just legal representation. We become advocates for your entire recovery journey. We understand that dealing with the aftermath of such a traumatic event can be overwhelming, which is why we handle every aspect of your case with compassion and professionalism. From your initial consultation through the resolution of your case, you’ll have direct access to our attorneys who will keep you informed every step of the way. We believe that strong attorney-client relationships built on trust and communication lead to the best outcomes, and we’re dedicated to providing the personalized attention your case deserves.
If you or someone you love has suffered injuries in an underride truck crash, don’t face the insurance companies alone. Our law firm has successfully represented numerous car accident victims throughout Owensboro and across Kentucky, securing the compensation they needed to cover medical expenses, lost income, and other damages. We offer a consultation to discuss your truck accident claim, and we work on a contingency fee basis, meaning you pay nothing unless we win your case. Let our experienced truck accident attorney team handle the legal complexities while you focus on your recovery. Call (888) 709-9329 to get a free consultation of your case.